• Disabled Users' Access to your Website: A New Litigation Threat
  • January 18, 2017 | Author: Robert A. Koenig
  • Law Firm: Shumaker, Loop & Kendrick, LLP - Toledo Office
  • Over the last year, demand letters have been received by a diverse group of Shumaker clients asserting that their websites are not accessible to disabled customers and, therefore, violate Title III of the Americans with Disabilities Act (“ADA”). Certain members of the Plaintiff’s bar appear to have created a cottage industry which fishes for any and all businesses that have websites offering any kind of “products or services” and proposes negotiating “on an expedited basis” a settlement agreement related to ADA accessibility to the business’ website. The draft settlement agreement requires injunctive relief (and, of course, payment of “reasonable attorney’s fees” and costs), initiation of a needs assessment on the website, monthly third-party testing and monitoring, as well as initiation of new ADA accessibility policies and staff training.