Seyfarth Synopsis: Two New York federal judges recently said that the ADA covers websites (even those not connected to a physical place) and one held that working on improving the accessibility of one’s website does not make the ADA claim moot.
Seyfarth Synopsis: The U.S. Supreme Court’s recent Spokeo decision may lead to more careful scrutiny of whether ADA Title III plaintiffs have a sufficiently “concrete” injury to confer jurisdiction in federal court.
As reported in previous posts, some courts have, in recent years, bent over backwards to find that plaintiffs with no legitimate…
On January 22, Seyfarth Shaw’s class action experts are presenting a webinar to discuss highlights from Seyfarth’s 11th Annual Workplace Class Action Litigation Report. While the Report primarily covers class actions in the employment context, many of the rules, strategies, and tactics are equally applicable and employed in ADA Title III class litigation, as …
By Minh N. Vu
They are sprouting up everywhere: Kiosks that allow customers to buy tickets, rent DVDs, get boarding passes, check-in at a hotel, count change, and even rent cars without ever having to interact with a human being. These self-service kiosks can be a boon for customers and businesses, but they also create lawsuit exposure for businesses that fail to consider how they will be used by individuals who are blind or have limited mobility.
Redbox’s recent settlement of a class action lawsuit brought by advocates for the blind highlights this thorny issue and the uncertain legal landscape surrounding self-service equipment designed for customer use. Several blind individuals and an advocacy group sued Redbox because its DVD rental kiosks could not be independently used by non-sighted individuals. After two years of litigation and mediation, the parties entered into a class settlement under which Redbox agreed to take the following steps for all Redbox locations in California:
- incorporate audio guidance technology, a tactile keypad, and other accessibility features into its DVD rental kiosks so that blind customers can use them independently at one kiosk at every location within 18 months and at all California kiosks within 30 months;
- provide 24-hour telephone assistance at each kiosk;
- pay $1.2 M in damages to the class of aggrieved persons in California;
- pay Lighthouse for the Blind $85K to test kiosks;
- pay $10K to each named plaintiff in damages; and
- pay $800K in plaintiffs’ attorneys’ fees and costs.
Redbox also agreed to make certain accessibility improvements to its website but notably did not commit to meeting the Web Content Accessibility Guidelines.…
Continue Reading Accessible Technology: Redbox DVD Rental Kiosk Class Action Settlement Highlights Litigation Risk Presented by Self-Service Equipment
The U.S. Department of Justice (DOJ) moved this week to intervene in a class action lawsuit brought against the administrators of the Law School Admission Test (LSAT), alleging “widespread and systemic deficiencies” in the way that testing accommodation requests are processed.
The underlying suit, which was initiated in April by the …