Daniel Joseph Malakauskas – ADA Website Lawsuits/Demand Letters
The Karlin Law Firm LLP defends these claims and also works with businesses, website owners, web developers and webmasters to bring websites into compliance in a way that will avoid ADA violations claims. Web developers will often focus on WCAG 2.0 or WCAG 2.1, but much more needs to be addressed, and knowledge and experience in the current state of the law are critical to protect businesses, which needs to be explained to the web developer working on a website. The Karlin Law Firm LLP has resolved over 1,600 ADA cases, half of which are now website lawsuits and cases. We defend and provide the needed guidance in website compliance.
Here is example of letter below:
DANIEL JOSEPH MALAKAUSKAS
123 Main St.
City, State Zip Code
VIA U.S. PRIORITY MAIL
RE: VIOLATION OF CIVIL RIGHTS AND IMPENDING LAWSUIT
Dear Mr. Last Name, or Whom It May Concern,
My client, Mr. Gomez, is a disabled individual with a visual impairment. In 2021, on three (3) occasions, my client attempted to use your business’s website at: Website. However, while attempting to use the website, my client experienced difficulty.
Specifically, my client had difficulty as he was unable to obtain all the information from the website, including being able to properly access several information links, or access the website promotions.
The flaws in your website prevented my visually impaired client from the full and equal access of your business’s services.
According to the Unruh Act, “All persons within the jurisdiction of [California] are free and equal, and no matter their…disability, medical condition…are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.” (Cal. Civ. Code §51(b)(1)).
And “Whoever denies, aides or incites a denial, or make any discrimination or distinction contrary to Section 51…is liable for each and every offense for the actual damages, and any amount that may be determined…up to a maximum of three times the amount of actual damages but no in case less than four thousand ($4,000.00) and any attorney’s fees…” (underline added) (Cal. Civ. Code §52(a)).
After being subject to discriminatory and unequal treatment, my client contacted my firm to represent him. In order to verify the flaws of your website, I hired an independent auditor. The independent auditor found the following sample (but not limited to) Web Content Accessibility Guidelines (“WCAG”) violations:
a. Keyboard Violations §2.1.1;
b. Info and Relationships Violation §1.3.1;
c. Meaningful Sequence Violation §1.3.2;
d. Link Purpose Violation §2.4.4
As such, I am prepared to represent my client to the fullest extent of the law. I am prepared to initiate a lawsuit either within the federal or state court system within fourteen (14) days from the date of letter as written above unless I promptly hear from you.
Should you desire to contact me to discuss this matter, please feel free to call me at (866)790-2242. I look forward to hearing from you.
P.P., Brianna Marlett, on behalf of,
Daniel Malakauskas, Esq.
7345 SOUTH DURANGO DRIVE, SUITE B-107-240
LAS VEGAS, NV 89113
TEL. 866.792.2242 FAX 888.802.2440
EMAIL: [email protected]