ADA Website And App Lawsuits

For our more in-depth information page on ADA website lawsuits, please click here. For website checker, go to the end of this page.

The attorneys at Karlin Law Firm LLP can help with claims that your website or app is not ADA compliant. We are aware of the attorneys who have been sending threatening letters and filing lawsuits regarding ADA website and app compliance. Some of these attorneys and law firms include Scott Ferrell, David Reid, Pacific Trial Attorneys, Victoria Knowles, Rusty Payton, Marc Dann, Joesph Manning (hotel website ADA lawsuits and other claims), Micheal Manning (hotel website ADA lawsuits and other claims), Craig Cote (hotel website ADA lawsuits and other claims), Caitlin Scott, Vineet Dubey plaintiffs Sean Gorecki, Dona Dugo (hotel website ADA lawsuits), Kayla Reed (hotel website ADA lawsuits), Edward Davis, Perla Mageno, Poupak Barekat (hotel website ADA lawsuits), Abacuc, Abacus Heras (hotel website ADA lawsuits), Cesar Cotto, Jennifer Carbine, Perla Mageno, Rebecca Castillo (Website ADA lawsuits), James Farr (website ADA lawsuits), Brett Deslavo (website ADA lawsuits). Lipsky Lowe, LLP, Douglas B. Lipsky (New York City, New York) Plaintiff: Brian Fischler, Kevin W. Tucker (website letters) plaintiff: Blair Douglass, Morgan J. McGrath (website letters in Florida), Hasstie Sanjar, Steven L. Derby, Lipsky Lowe, LLP, Douglas B. Lipsky (New York City, New York) Plaintiff: Brian Fischler, Amanda F. Benedict, Law Office of Amanda Benedict, Plaintiff: Richard Cooks, Ruban D. Nathan, Nathan & Associates, APC, Plaintiff: William White, Amanda Seabock with Center for Disability Access with plaintiffs: Orlando Garcia (Hotel Websites), Chris Langer, Megan Erasmus & Allan J. Williams II (Closed Captioning), Jonathan A. Stieglitz, Apex Law, Ryan M. Ferrell, (website letters, based in Arizona), Thomas W. Kohler, Jonathan A. Stieglitz. Additional attorneys include David Paul Force of Stein Saks, PLLC in New Jersey who files lawsuits in New York. David Force represents plaintiffs Mary West, Pamela Williams, Frances Kalender, Joseph Guglielmo, Yaseen Traynor and Valentin Reid. Jeffrey M. Gottlieb files website lawsuits in the Eastern and Southern District of New York, Gottlieb’s plaintiffs include Henry Tucker, Yony Sosa, Lawrence Young, Marcos Calcano, Donna Hedges, Emanuel Delacruz, Sandy Graciano, Cedric Bishop, Braulio Thorne, Milton Williams, Steven Matzura, Juan Roman and Arturo Stevez. Dan Shaked filing lawsuits against APPS in New York include plaintiff’s: Aretha Crosson, Mary Conner, Rasheta Bunting, Denette J. Ligon, Linda Slade, Angel Rodriguez.

In our view, many of these claims are bogus and frivolous. Give us a call, we can help.

Apart from statements on hotel websites, these claims frequently imply that the Department of Justice (DOJ) has established definitive guidelines for ADA compliance for websites or apps. We believe this interpretation is potentially misleading, as our position is that such guidelines have not been formally applied. These claims typically refer to: The World Wide Web Consortium (W3C), an international standards organization, which has published Version 2.0 of the Web Content Accessibility Guidelines (WCAG), specifically guidelines 3.1.1, 2.4.4, and 3.1.2.

Karlin Law Firm LLP leads in defending businesses, website, and app owners against a significant surge in ADA website and app claims, often driven by individuals asserting that websites and apps fall short of their personal standards. Currently, no definitive standards have been established, as confirmed in the recent 9th Circuit decision in Robles v. Domino’s Pizza on January 15, 2019. The case also suggested that stand-alone websites and apps with no direct connection to a physical location or brick-and-mortar store may be exempt from ADA requirements. This aligns with the 11th Circuit’s position, though it is acknowledged that other circuits may interpret this issue differently.

A trend has developed in which certain law firms are targeting developers and owners of mobile applications with claims of alleged ADA noncompliance. In our view, these ADA app claims and lawsuits generally lack a sound legal basis. The law firm Carlson Lynch, based in Pittsburgh, PA, is among those pursuing claims on behalf of Robert Jahoda and Eddie White, through attorneys R. Bruce Carlson, Kevin W. Tucker, and Todd D. Carpenter. If you have received a claim letter from this firm, please feel free to reach out to us.

These ADA-related lawsuits and threats against websites and apps can be viewed as disruptive not only to the internet but also to American businesses and the broader economy, comparable to a virus affecting thousands of business computers. With over 100 million websites—and an untold number of mobile sites and apps—in the United States alone, few, if any, meet the vague “standards” that certain attorneys claim should be upheld by the courts.

Even the Department of Justice (DOJ) has faced challenges in proposing a consistent standard for website information display. After a decade of deliberation, the DOJ appears to have moved away from establishing such requirements. To our knowledge, under Title III, the DOJ has not mandated ADA compliance for apps or software for private businesses. Despite this, some ADA plaintiff firms persist in filing lawsuits and, in some cases, are even threatening litigation over mobile sites and apps. The rapid increase in these lawsuits and threats poses a significant risk: if this surge in ADA-related claims continues unchecked, it could strain small and micro-businesses, with potentially severe economic consequences.

If you have been threatened with an ADA website or app lawsuit, feel free to reach out to us for assistance. It may be helpful to know that a decision by the 9th Circuit Court, in Robles v. Domino’s Pizza on January 15, 2019, addressed questions of due process, jurisdiction, and the lack of established website standards. The court concluded that there is no specific standard that websites, mobile sites, or apps must follow to accommodate the blind or visually impaired (who may use the JAWS program to translate website text into speech). Nevertheless, plaintiffs may still file lawsuits in an attempt to demonstrate that a website’s accessibility is inadequate. While a plaintiff may or may not prevail, the mere filing of the suit often compels a business, however small, to spend time, money, and resources defending its website design, even if it is ultimately deemed compliant.

Additionally, the court appeared to limit the requirement to websites linked to a physical location, excluding stand-alone websites without a physical nexus. Although other interpretations may exist, we believe they are distinguishable. While Domino’s Pizza is a large enterprise with the resources to defend such claims or make significant website adjustments, the court’s ruling seems applicable to the smallest of businesses. This could include a retiree with a simple three-page website selling fishing lures, or a handyman’s website advertising repair services.

In reaching its decision, the court referred to ADA language and certain DOJ guidelines (though not specific website standards), which were developed over time without Congressional input. We believe Congress or the DOJ will need to clarify this area of law. Until then, we anticipate a growing wave of ADA website and app lawsuits targeting businesses of all sizes, as well as self-employed individuals operating micro-businesses. In essence, we view these lawsuits and threats as ADA-based attacks on websites and apps, no different in impact than a computer virus. In many cases, it appears that these actions are intended to extract settlement payments in exchange for dropping or not filing a lawsuit.

Florida Realtors has issued letters to its members regarding Portell Law Group, which represents Access4All, Inc. Led by Jennifer Portell (also known as Jennifer Espinet-Portell) in Miami, Florida, with an office in Washington, D.C., this firm has been the subject of a warning from the Florida Realtors Association. For further details, please see our separate page on Portell Law Group’s website claims. Another firm, The Canon Law Firm, led by Mr. Berokim, has been issuing ADA-related threat letters, claiming representation of Xandra Krahe, a blind or visually impaired resident of California. For specifics, refer to our page on Canon Law and Berokim website claims. The Canon Law Firm and Kousha Berokim have targeted bike stores with ADA website lawsuit threats.

We specialize in ADA website defense, providing both legal representation and consultation on measures that you, your IT team, or your web developer can implement to help mitigate the risk of ADA claims. One valuable resource is the WCAG, the Web Content Accessibility Guidelines from the World Wide Web Consortium (W3C), although these are not formally established standards.

The Karlin Law Firm has defended, consulted on, and resolved over 4,000 ADA cases, including ADA website and app claims, as well as physical ADA lawsuits. We recognize that most of these cases disproportionately impact small, struggling businesses, often owned by minorities and recent immigrants, who may rely on these small enterprises due to limited employment opportunities. While high-profile cases, such as Domino’s Pizza, may give the impression that only large businesses face ADA lawsuits, the reality is quite different. The reported cases rarely reflect the thousands of small businesses deeply affected by these rulings, leaving the public largely unaware of the broader impact on these smaller enterprises.

Additionally, the 11th Circuit issued its decision in Gil v. Winn-Dixie, ruling that websites, even those associated with physical stores, do not generally need to comply with ADA requirements. This decision highlights a clear split of authority among the Federal District Courts of Appeals.

We Are Here To Help

Here are some resources for web and website accessibility checkers and testers and testing:

One commonly used free website accessibility checker – tester: https://wave.webaim.org/

Shopify article: https://www.shopify.com/partners/blog/website-accessibility-testing

W3C – Web accessibility initiative checker and testers list from W3C: https://www.w3.org/WAI/ER/tools/

Personal assistance with website accessibility testing or checking: https://wcagcompliancecheck.com/