Our readers know that private lawsuits against companies asserting website accessibility claims under Title III of the Americans with Disabilities Act (“ADA”) have skyrocketed in recent years. To curtail this increase in online accessibility cases, a United States congressman recently introduced a bill that would amend the ADA to require individuals to complete several steps before commencing a private civil action. Below, we discuss the bill in detail and its implications for future website accessibility lawsuits.
What Does the Online Accessibility Bill Do?
Cited as the “Protecting Small Businesses from Predatory Website Lawsuits Act” (the “Online Accessibility Bill”), the Online Accessibility Bill clearly is aimed at redressing the rise in private ADA lawsuits. As proposed in the bill, individuals must exhaust the administrative remedies listed below before commencing a civil action against a “consumer facing website” or “mobile application,” as defined in the Online Accessibility Bill.
- First, notify the owner or operator of the website or mobile application that the subject website or application is not in compliance with the ADA;
- If the owner or operator fails to comply within 180 days after receiving notice, individuals may file a complaint with the Department of Justice (“DOJ”) and provide a copy of the complaint to the owner or operator of the site; and
- After receipt of a complaint, the DOJ then has 360 days to: (1) investigate whether a violation exists; and (2) make a final determination.
What Does The Online Accessibility Measure Mean For You?
It should be noted that the Online Accessibility Bill is silent on the issue of when individuals may actually proceed with a private civil action under Title III of the ADA. As it reads, the bill appears to imply that individuals may file private actions only after a determination by the DOJ of ADA non-compliance. With the Website Accessibility Bill having just recently been introduced, it is impossible to determine what, if any, changes may be made to the bill (or its ultimate fate) as it navigates through the legislative process. Regardless of whether the bill becomes law, Congress’s efforts to reform the ADA to reduce abusive online accessibility litigation practices are encouraging for companies that operate consumer-facing websites.
The attorneys at Klein Moynihan Turco have a wealth of experience in defending companies against ADA website accessibility compliance claims. Our first-rate litigation defense team will use this experience to ensure that your business gets the best possible representation.
If you need assistance with website accessibility compliance or defending against an ADA online accessibility claim, please email us at info@kleinmoynihan.com or call us at (212) 246-0900.
The material contained herein is provided for informational purposes only and is not legal advice nor is it a substitute for seeking legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.
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