Seyfarth Synopsis:  In what has been deemed the first of its kind, Netflix has entered into an agreement with the American Council of the Blind, the Massachusetts-based Bay State Council of the Blind, and a blind individual, to add “audio descriptions” to many of the programs offered on its video streaming and DVD rental service.

“Audio description”  is narration added
Continue Reading Netflix Agrees To Add Audio Description to Many of Its Shows and DVD Rentals

By Kristina M. Launey

On October 9, 2012, Netflix entered into a consent decree with National Association of the Deaf (“NAD”), to resolve the Massachusetts District Court case in which NAD and Lee Nettles alleged Netflix violated Title III of the ADA by failing to provide adequate closed captioning on its “Watch Instantly” web only video streaming service.  This consent
Continue Reading Netflix Settles Massachusetts Web Video Captioning Action

By Minh N. Vu

On June 22, we reported on the U.S. District Court for the District of Massachusetts’ ruling that Netflix’s video streaming website is a “place of public accommodation” covered under Title III of the ADA, even though the website has no nexus to a physical place.  This ruling was not surprising given First Circuit precedent that dictated
Continue Reading California Federal Court Holds That the ADA Does Not Cover Netflix's Video Streaming Website

By Minh N. Vu

For more than a decade, courts have struggled with the question of whether the ADA’s coverage of twelve “places of public accommodation” (e.g., places of lodging, entertainment, retailers, restaurants, service establishments) is limited to physical places, or whether they can be virtual.  The answer to this question dictates whether virtual places, such as websites,
Continue Reading Businesses: Brace For an Onslaught of ADA Lawsuits Alleging Inaccessible Websites