A client recently emailed me for assistance with an Americans with Disabilities Act (ADA) claim. I quickly contacted a colleague who practices construction litigation, but it turned out that the claim did not involve one of my client’s brick-and-mortar locations. Rather, my client’s website was at the center of the complaint because it did not comply with the ADA. “Are websites even subject to the ADA?” my client asked.
The answer to that question is not as clear as website operators would like. To the contrary, this is a gray area where the law is unsettled and evolving. This uncertainty has created an opportunity for plaintiffs lawyers, who are increasingly filing lawsuits and sending demand letters asserting that businesses’ websites violate Title III of the ADA, which prohibits discrimination based on disability as places of public accommodation.
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