Trend of Class Action Lawsuits Alleging Company Websites Discriminate Against Disabled Individuals Expected to Continue in 2019


Wednesday, January 9, 2019 Business owners beware: 2019 promises an increased number of Federal class action lawsuits alleging that company websites and point-of-sale terminals (“POS”) violate Title III of the Americans with Disabilities Act (“ADA”). A business owner can end up paying substantial monetary damages and attorneys’ fees, in addition to the expense of redesigning and modifying their business platform to accommodate the plaintiffs. Title III of the ADA requires businesses to remove obstacles that interfere with the ability of disabled persons to access their products or services. These class action lawsuits target businesses that have not provided accessible websites and POS terminals. The claims typically have been brought by groups of visually impaired consumers alleging that the business failed to allow for internet access which accommodates their disability. If it is determined that a business’ website or POS terminal violates Title III of the ADA, the business could be required to redesign its website to ensure it no longer violates the ADA.