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: 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: 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: John W. Egan and Minh N. Vu

Seyfarth Synopsis: A recent decision holding that web-only businesses cannot be sued over the accessibility of their website under the ADA is the first of its kind in the Southern District of New York and may cause forum-shopping serial plaintiffs and their counsel to shift to state court. 

The Chief Judge Laura

Continue Reading SDNY Chief Judge to ADA Plaintiff: Court Closed for Business to Online-Only ADA Web Cases

By Kristina M. Launey & Minh N. Vu

Seyfarth Synopsis: Plaintiffs filed 2,794 website accessibility lawsuits in federal court in 2023 – a 14% decrease from 2022. 

After 2022’s record-setting year for website accessibility lawsuits filed in federal court, the 2023 filings dropped by 14%.  The total number of lawsuits filed in federal court alleging that plaintiffs with a disability

Continue Reading Federal Court Website Accessibility Lawsuit Filings Took a Dip in 2023

By Kristina Launey and John W. Egan

Seyfarth Synopsis: DOJ issues useful new Guide to help small governmental entities understand the new web and mobile app accessibility requirements under Title II of the ADA.

On May 22, 2024 the Department of Justice (“DOJ”) published a Small Entity Compliance Guide to help people who work for or with state or local

Continue Reading DOJ Issues “Small Entity Compliance Guide” for State and Local Government Web Content and Mobile App Accessibility

By Minh N. Vu and John Egan

Seyfarth SynopsisThe DOJ issued final regulations under Title II of the ADA requiring state and local government websites and mobile apps to conform to WCAG 2.1 AA in two or three years, with few exceptions. 

Update: On April 24, 2024, the Final Rule was published in the Federal Register.  Under the

Continue Reading DOJ Issues Final Rule Under Title II of the ADA for State and Local Government Websites

By Lotus Cannon and Minh Vu

Seyfarth Synopsis:  SDNY Judge Mary Kay Vyskocil dismisses with prejudice a website accessibility lawsuit with vague allegations about plaintiffs’ standing.

The U.S. District Court for the Southern District of New York (SDNY) has been a highly favored venue for serial plaintiffs bringing website accessibility lawsuits for years – at least in part because many

Continue Reading SDNY Judge Gets Tough on Serial Website Plaintiffs

John W. Egan, Julia N. Sarnoff and Minh N. Vu

Seyfarth Synopsis: The W3C recently adopted Version 2.2 of the Web Content Accessibility Guidelines (WCAG) which adds nine new success criteria for digital accessibility.

On October 5, 2023, the Worldwide Web Consortium (W3C) issued Version 2.2 of the Web Content Accessibility Guidelines (WCAG).  Version 2.2 is the third iteration

Continue Reading W3C Adds Nine New Requirements In WCAG 2.2

By Minh N. Vu & John W. Egan

Seyfarth Synopsis:  SCOTUS’s refusal to clarify standing requirements for “tester” plaintiffs in ADA Title III lawsuits means it’s business as usual for the plaintiffs’ bar. 

Yesterday, SCOTUS issued its decision in Acheson v. Laufer which – to the disappointment of private businesses and the defense bar – leaves unanswered the question of

Continue Reading SCOTUS Punts on Whether ADA “Testers” Have Standing in Acheson v. Laufer