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Lawmakers Address Rising ADA Litigation - Website Accessibility Lawsuits

Sep 13, 2018

CDF attorney Brian E. Cole II was interviewed by Mark Hamstra from Restaurant Hospitality regarding legislation that would potentially curb “drive by” website accessibility lawsuits.

"Hoping to clarify some of the confusion, lawmakers have attempted to address the growing litigation alleging violations of Title III of the Americans with Disabilities Act, as it relates to both physical and digital access," says Mark Hamstra. The Justice Department took plans to update rules on the ADA off of its agenda for this year. However, in June, a bipartisan group of 103 members of the House of Representatives urged the Justice Department to publicly state that private legal actions alleging ADA website noncompliance “violate basic due-process principles in the absence of specific standards,” said attorney Brian Cole of Carothers DiSante & Freudenberger LLP.

Related: Are your digital services ADA compliant?

“I hope this letter makes an impact, but in terms of actual rulemaking, it’s probably unlikely given the fact that the DOJ at the end of the last year actually took that off their rulemaking agenda,” Brian Cole stated.

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