U.S. companies have been inundated with lawsuits in the past several years alleging that their websites do not comply with the Americans with Disabilities Act (ADA) and various state laws, including the California Unruh Act. Plaintiffs claim that the websites do not meet the Web Content Accessibility Guidelines (WCAG) created by the nonprofit World Wide Web Consortium because visually impaired consumers allegedly cannot access the sites using screen-reader software. While it is difficult to determine with precision the number of cases that have been filed, they have increased 75 percent from just over 2,000 reported cases in 2018 to approximately 3,500 in 2020 – and the numbers are steadily rising. The cases target all manner of business across a wide range of industries.
Continue Reading ADA Website Litigation Continues to Proliferate in 2021

When plaintiffs sue companies alleging that their websites do not comply with the Americans with Disabilities Act (ADA), courts start by answering two threshold legal questions. Does the ADA apply to websites? And if it does, which websites does it apply to? At least seven federal circuit courts have answered these questions and have reached three different conclusions. Until recently, California courts had provided little guidance. But on September 3, 2019, the Second Appellate District of the California Court of Appeal decided Thurston v. Midvale Corporation (Case No. B291631). Thurston clarifies that commercial websites with a “nexus” to a physical location are subject to the ADA.
Continue Reading California Court of Appeal Aligns with Ninth Circuit on ADA Website Accessibility Standards