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 increase in federal ADA Title III lawsuits from 2023.  There were also some noteworthy facts and moments. 

Most Prolific Lawsuit Filers.  According to our search in Courthouse News Service, four law firms each filed more than 100 federal ADA Title III lawsuits last year.  So Cal Equal Access Group was the most prolific, filing a whopping 2,598 federal ADA Title III lawsuits in 2024.  Stein Saks in New York trailed behind with 395 lawsuits, followed by Sconzo Law which filed 193 lawsuits, and Gottlieb Associates with 190 lawsuits.  Indeed, the twenty most prolific firms were responsible for more than 4,000 of the federal filings last year. This, of course, doesn’t include lawsuits filed in state courts or demand letters that never appear on court dockets.  

Self-Service Kiosks.  While there have been a number of cases regarding self-service technologies over the years, the two most significant class action battles we have seen regarding the accessibility of self-service check-in kiosks to the blind continue after the federal district courts certified national injunctive relief and California damages classes.  One case went to trial and resulted in a judgment for the plaintiff who submitted fee petition in excess of $10M.  Both cases are on appeal.  These cases underscore the importance of considering accessibility when purchasing self-service kiosks and other self-service technologies.  While providing prompt employee assistance can be an alternative to having fully accessible self-service kiosks when no private information is involved, businesses must seriously consider whether such assistance will likely be provided where the kiosks are installed.

Nondairy Milk Litigation Against Coffee Retailers.  One law firm filed class action lawsuits on behalf of various alleged lactose intolerant/dairy allergic plaintiffs against a number of coffee retailers claiming that the additional charge all customers must pay for customizing beverages with non-dairy milk constitutes disability discrimination under the ADA.  Two federal courts have granted motions to dismiss the complaints with leave to amend, and the ADA Title III plaintiff’s bar does not seem interested in jumping on what appears to be a losing bandwagon.

Website Accessibility.  Plaintiffs continued to file large numbers of lawsuits alleging that blind users have been denied access to websites with digital barriers, and the DOJ pursued aggressive enforcement actions on this basis. While few of these cases are litigated, let alone on a class basis, in 2024 a California law firm obtained class certification in one such suit and thereafter settled the case (subject to court approval) for more than $6M in damages and fees.  In an interesting turn, the federal court rejected the proposed class action settlement because, under the agreement, any unclaimed funds would revert back to the defendant.  The court’s rejection of the class settlement may spell trouble for the resolution of that case.

Also, on the subject of websites, in 2024, the U.S. Department of Justice (“DOJ”) issued final regulations containing accessibility requirements for the websites, mobile apps, and other web content of state and local governments, as we have previously discussed.  Just a few days ago, the DOJ followed up with a “resource” document to help covered entities “figure out what they should do to comply with the rule.”  These regulations and the resource document provide a useful roadmap for (but are not binding upon) public accommodations that are developing digital accessibility policies, programs, and processes. 

The DOJ.  Anecdotally — based on our own handling of DOJ investigations for clients — it seems that U.S. Attorneys’ Offices across the country significantly ramped up their ADA Title III enforcement efforts in the past four years.  We saw many more investigations into complaints concerning physical access barriers at public accommodations, websites, and hotel reservations practices.  In one settlement agreement with a hotel company, the DOJ expressed its position – not expressly stated in the ADA regulations for hotel reservations – that (1) accessible hotel rooms must be bookable via loyalty program points, and (2) accessible rooms must be bookable on some third party reservation services.

Physical Access Barriers.  We continued to see a number of lawsuits about physical access barriers in public accommodations, as well as complaints about service animals being subjected to pet fees or paperwork requirements. 

What’s in store for 2025?

We predict that the ADA Title III plaintiff’s bar and their clients will continue to file lawsuits at roughly the same level as 2024.  Most cases will be about physical or digital access barriers.  A smaller percentage will be about operational issues such as a failure to make reasonable modifications to normal policies, practices, and procedures, or provide auxiliary aids and services to ensure effective communication.  In the effective communication category, a new type of case has emerged involving blind plaintiffs alleging that public accommodations must provide digital wayfinding technology, instead of providing employee assistance to read written information or navigate the facility.  We see this as an uphill battle for plaintiffs as the regulations explicitly allow employee assistance to facilitate effective communication.

We believe there will be a significant change in how the DOJ enforces Title III of the ADA.  In the first Trump Administration, the DOJ seemingly conducted very few investigations into allegedly inaccessible websites or other digital content. The second Trump Administration will likely repeat this approach.  The DOJ may also be more flexible in negotiating resolutions with public accommodations.  One thing is certain:  The DOJ under President Trump will not be looking to expand the scope of the ADA’s coverage.

The incoming administration will also be less likely to weigh in on any private party ADA Title III lawsuits through intervention or filing of Statements of Interest – at least in favor of plaintiffs.  And, finally, given the Trump Administration’s mandate to reduce regulations, new regulatory activity in the ADA Title III space will be very unlikely.  This means pending rulemakings for accessible self-service kiosks and EV charging stations at the U.S. Access Board may stall.

Stay tuned to our blog for updates, and Happy 2025!

Edited by Kristina Launey & John W. Egan