By: John W. Egan and Minh N. Vu

Seyfarth Synopsis:  Two recent New York district court decisions underscore how serial website accessibility plaintiffs are encountering greater challenges to demonstrate their standing to pursue ADA claims in federal court.

SDNY Judge Orders Jurisdictional Discovery

In Fernandez v. Buffalo Jackson Trading Co., LLC, U.S. District Judge John P. Cronan granted the defendant’s

Continue Reading New York Federal Courts Are Not Rolling Out the Welcome Mat for Serial Plaintiffs in Website Accessibility Lawsuits Anymore

By: Kristina Launey and Minh Vu

Seyfarth Synopsis: The FTC issued a Decision and Order prohibiting accessibility plug-in/Widget vendor AccessiBe from making misleading claims and to pay $1 million.

As the number of website accessibility lawsuit filings have exceeded 2,200 per year since 2018, so too has the list of companies offering solutions for making websites accessible to users

Continue Reading Federal Trade Commission Orders accessiBe to Pay $1M For Misleading Claims Relating to Automated Website Accessibility Remediation Tool

By Kristina M. Launey & Minh N. Vu

Seyfarth Synopsis: Plaintiffs filed 2,452 website accessibility lawsuits in federal court in 2024 – a 13% decrease from 2023. 

Website accessibility lawsuits filed in federal court fell for the second consecutive year in 2024, with a significant decrease from 2023 filings.  The total number of lawsuits filed in federal court alleging that

Continue Reading Federal Court Website Accessibility Lawsuit Filings Continue to Decrease in 2024

By: Minh N. Vu

Seyfarth Synopsis: A recent case from the U.S. District Court for the Middle District of Florida illustrates how businesses should handle scenarios where service animals present health risks to others with severe allergies.

We all know that public accommodations must allow service animals accompanying individuals with disabilities onto their premises, but what if doing so places

Continue Reading Can Businesses Exclude Service Animals Based on the Allergies of Others? 

By: Ashley S. Jenkins and Minh N. Vu

Seyfarth synopsis: The Trump DOJ rescinded five COVID-19 related documents and six older guidance documents designed to educate businesses on the requirements of the ADA, claiming that the recission will reduce the burden on businesses to review them.

On March 19, 2025, to comply with President Trump’s January 20, 2025 memorandum

Continue Reading DOJ Withdraws Eleven ADA Guidance Documents For Public Accommodations

By: Lotus Cannon and Kristina Launey

Seyfarth Synopsis: Are web-only businesses subject to Title III? A Minnesota federal court joins the controversy and says yes.

Courts around the country are split on the issue of whether a “place of public accommodation” subject to Title III of the Americans with Disabilities Act must have a physical location where it serves the

Continue Reading Minnesota District Court Says Web-Only Businesses Are Subject to Title III of the ADA

By Minh N. Vu, Kristina Launey, and Susan Ryan

Seyfarth Synopsis: The two-year decline in ADA Title III filings stopped in 2024, with plaintiffs increasing filings back to 8,800 complaints in 2024.

When we first started tracking ADA Title III lawsuits in 2013, the total for the year was only 2,722.  The number climbed steadily to an all-time

Continue Reading ADA Title III Federal Lawsuit Numbers Rebound to 8,800 in 2024

By: Pamela C. Huynh, Minh N. Vu and John W. Egan

Seyfarth Synopsis:  Concerned that serial plaintiffs are not actually ensuring that defendants are removing access barriers under their confidential settlement agreements, EDNY Judge Cogan takes charge. 

Be careful what you ask for – that’s the adage that a serial plaintiff and her attorney should have considered before asking

Continue Reading Serial Plaintiff Seeking to Enforce a Delinquent Settlement Payment Gets a Sharp Judicial Rebuke from EDNY Federal Judge

By: Ashley S. Jenkins and Minh N. Vu

Seyfarth synopsis: The DOJ’s new step-by-step guidance for state and local governments on how to comply with new regulations that mandate accessible web content is also useful for public accommodations looking to make their websites and mobile apps accessible to individuals with disabilities.

In April 2024, the Department of Justice (“DOJ”) published

Continue Reading The DOJ Provides Practical Guidance on How to Implement a Digital Accessibility Program

By Minh N. Vu

Seyfarth Synopsis: 2024 saw some interesting developments and an uptick in lawsuit filings from 2023; expect less ADA Title III enforcement and rulemaking activity from DOJ in 2025.

The first quarter of this century concluded with yet another busy year for ADA Title III litigation.  While we are still finalizing the numbers, 2024 saw a meaningful

Continue Reading Our 2024 ADA Title III Recap and Predictions for 2025