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Crystal Ball 2021: Our Predictions for the ADA Title III Legal Landscape - Lexology

Crystal Ball 2021: Our Predictions for the ADA Title III Legal Landscape - Lexology | ProxiSpeak ADA & WCAG Solutions | Scoop.it


Seyfarth Synopsis: We predict 2021 will be a very busy year for ADA Title III lawsuits. Here is our take on the types of cases public accommodations can expect to face.  2020 was, by all accounts, an unusual year. The year began with some prolific plaintiffs’ attorneys turning their attention from website accessibility lawsuits to lawsuits claiming that the ADA requires gift cards containing Braille. That gambit has not worked out well for these plaintiffs’ lawyers at the district court level, and the issue is now on appeal to the Court of Appeals for the Second Circuit.

Read the full article at: www.lexology.com

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Is Your Association’s Website Exposing Your Community to Liability for ADA or FHA Violations?

Is Your Association’s Website Exposing Your Community to Liability for ADA or FHA Violations? | ProxiSpeak ADA & WCAG Solutions | Scoop.it


The United States Supreme Court allows people called “Testers” to pose as a customer, purchaser, or renter, and file a lawsuit against the entities if their website is not accessible to blind and visually impaired people. The Tester never has to have the intent to actually visit the property, or rent or purchase a dwelling advertised on the website, for a claim to arise under the Americans With Disability Act (“ADA”), or, potentially, the Fair Housing Act (“FHA”).

Read the full article at: ablawfl.com

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Prevent a Lawsuit: ADA Compliance on Small Business and Small Law Firm Websites

Prevent a Lawsuit: ADA Compliance on Small Business and Small Law Firm Websites | ProxiSpeak ADA & WCAG Solutions | Scoop.it


There is a growing rise in lawsuits against business websites, including law firms, for not complying with the Americans with Disabilities Act (ADA). One-quarter of the adult American population live with a disability. While the ADA was created to eliminate any physical barriers to public spaces, website accessibility promotes equal accommodation in virtual spaces.

Read the full article at: www.law.com

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4 Ways to Avoid Accessibility Lawsuits for Your Website

4 Ways to Avoid Accessibility Lawsuits for Your Website | ProxiSpeak ADA & WCAG Solutions | Scoop.it

Did you know that 61 million adult Americans deal with a form of disability? That’s 26 percent of the total population.   The pressure on e-commerce businesses to make their websites more accessible isn't only a moral argument. It’s now a legal one.  In fact, as of 2019, there were 2,256 ADA Title III lawsuits, which was preceded by a 177 percent jump in the number of federal cases between 2017 and 2018. 

Read the full article at: builtin.com

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Proposed Bipartisan Legislation Introduced to Address Website Accessibility Lawsuits (Bottom line: Clarification, not exemption)

Proposed Bipartisan Legislation Introduced to Address Website Accessibility Lawsuits (Bottom line: Clarification, not exemption) | ProxiSpeak ADA & WCAG Solutions | Scoop.it


Representatives Lou Correa (D-CA) and Ted Budd (R-NC) introduced a bipartisan bill titled the Online Accessibility Act, intended to curb predatory website accessibility lawsuits that accuse consumer-facing websites of violating Title III of the Americans with Disabilities Act (“ADA”).  The Online Accessibility Act would take websites and mobile applications outside of Title III of the ADA—which was meant to address accessibility to services provided by physical businesses—and create a new ADA Title VI dedicated specifically to consumer facing websites and mobile applications.

Read the full article at: www.jdsupra.com

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LAWSUIT: Beyoncé's Website Violates Blind Fans' Rights of Accommodation

LAWSUIT: Beyoncé's Website Violates Blind Fans' Rights of Accommodation | ProxiSpeak ADA & WCAG Solutions | Scoop.it


A New York woman sued megastar Beyoncé Knowles‘ management company Parkwood Entertainment LLC on Thursday after claiming the singer’s website discriminates against folks who are blind.  Mary Conner filed a class-action lawsuit at the U.S. District Court for the Southern District of New York on Jan. 3, the Hollywood Reporterr reported on the day the suit was filed. The suit claims that Beyoncé’s website www.Beyoncé.com, violates the Americans with Disabilities Act because it doesn’t allow blind fans to get tour updates, purchase merchandise and doesn’t permit fans to buy tickets.

Read the full article at: atlantablackstar.com

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US shopper sues Clorox over ‘discriminatory’ Burts Bees site

US shopper sues Clorox over ‘discriminatory’ Burts Bees site | ProxiSpeak ADA & WCAG Solutions | Scoop.it

Burts Bees owner Clorox is facing a lawsuit over the accessibility of its e-commerce site.  Lucia Marett filed a complaint in New York on Friday claiming that the company had violated the Americans with Disabilities Act, New York State Human Right Act and New York City Human Rights Law because the brand’s website cannot be interpreted by screen-reading software, preventing her and other visually impaired shoppers from purchasing goods online.  “The blind have an even greater need than the sighted to shop and conduct transactions online due to the challenges faced in mobility,” Marrett said in the suit, per Law 360.

Read the full article at: www.globalcosmeticsnews.com

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Difference between WCAG, Section 508 & ADA | Web Accessibility

Difference between WCAG, Section 508 & ADA | Web Accessibility | ProxiSpeak ADA & WCAG Solutions | Scoop.it

The web is for everyone. No matter what geographic location, language or nationality one belongs to.  A web accessibility policy refers to extending differently-abled persons the same access to digital services, products, and resources, as an able-bodied person.  This means taking into account the needs of people with disabilities such as low vision, partial blindness or color blindness while developing websites and web platforms so that these are accessible to even those grappling with such situational barriers.


Read the full article at: kitaboo.com

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Getting to the Heart of Digital Accessibility –

Getting to the Heart of Digital Accessibility – | ProxiSpeak ADA & WCAG Solutions | Scoop.it

By swapping out one word from the original declaration and saying “Digital accessibility is a priority,” companies and their leaders have reframed the conversation with their employees. When changes are framed as “working towards a solution” and discussed openly and collaboratively, people feel like they are part of the process and are more open to embracing change. In the long run, embracing change becomes part of a company’s culture and leads to innovation (and, yes, inclusion) on all levels. Calling something a priority speaks to Stage 4: Understanding.
Read the full article at: alistapart.com

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Website Accessibility as a Key Factor in Achieving Your Business Goals

Website Accessibility as a Key Factor in Achieving Your Business Goals | ProxiSpeak ADA & WCAG Solutions | Scoop.it

According to research, 54 million people (or 18 percent of the population) in the U.S. have some form of disability. Over 20 million have visual disabilities. These are significant figures which a lot of businesses today tend to overlook.  Often when people talk about online traffic, they don’t consider those who have disabilities such as people who are blind or deaf, or those who can’t physically use their hands to navigate a website.  Much of statistical analyses that website owners perform are more focused on consumer behavior (how often they buy or what products they are interested in). Very few companies take the time to understand who among their customers are having difficulties accessing the web due to disabilities.


Read the full article at: www.smallbizdaily.com

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Students with Disabilities Are Getting Lower Quality Jobs

Students with Disabilities Are Getting Lower Quality Jobs | ProxiSpeak ADA & WCAG Solutions | Scoop.it


Students with disabilities who graduated from college work in lower paying jobs that offer fewer hours than their peers without disabilities.  A survey of nearly 5,000 graduates, half of whom have at least one disability, revealed that students with special needs were just as likely to find employment five years after college as their peers, but their jobs were either part of the gig economy or lower in quality than the careers that students without disabilities found during the same timeframe.  The survey was conducted by the Kessler Foundation, a nonprofit organization that specializes in rehabilitation research and employment funding.

Read the full article at: universitybusiness.com

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Got access for people with disabilities covered? Don't forget your website

Got access for people with disabilities covered? Don't forget your website | ProxiSpeak ADA & WCAG Solutions | Scoop.it


During the first six months of 2018, according to a mid-year report from law firm Seyfarth Shaw, more than 5,000 lawsuits were filed in federal court alleging businesses were in violation of the 1990 Americans with Disabilities Act (ADA). That number is expected to reach 10,000 by the end of the year, a 30% increase over the prior year. Is it because these businesses are not making their facilities accessible to people with disabilities? Actually, no. In most cases it’s about their websites.

Read the full article at: www.theguardian.com

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Judge Holds Winn-Dixie Supermarket’s Website Violates the ADA

Judge Holds Winn-Dixie Supermarket’s Website Violates the ADA | ProxiSpeak ADA & WCAG Solutions | Scoop.it

A federal judge ruled Tuesday that the website of the Winn-Dixie supermarkets chain violates the ADA because it’s inaccessible to visually-impaired individuals.  In his June 13 ruling, U.S. District Judge Robert Scola Jr. said plaintiff Juan Carlos Gil demonstrated that Winn-Dixie’s website is not easy to use for the legally blind because it does not offer a screen-reader software.

Read the full article at: www.courthousenews.com

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[Webinar] Americans with Disabilities Act (ADA) and Privacy Compliance for Websites and Businesses - January 27th, 10:00 am - 11:00 am PST | Greenberg Glusker LLP - JDSupra

[Webinar] Americans with Disabilities Act (ADA) and Privacy Compliance for Websites and Businesses - January 27th, 10:00 am - 11:00 am PST | Greenberg Glusker LLP - JDSupra | ProxiSpeak ADA & WCAG Solutions | Scoop.it


ADA, CCPA, CPRA – all acronyms important for you to know when managing your business and website. Join us for a complimentary MCLE presentation where we will cover important legal issues to be compliant with:  The Americans with Disabilities Act (ADA) - California Consumer Privacy Act (CCPA) - The California Privacy Rights Act (CPRA) - This program has been approved for 1 hour of general California MCLE credit.

Read the full article at: www.jdsupra.com

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Samsung makes its 2021 TVs more accessible for people with vision or hearing disabilities

Samsung makes its 2021 TVs more accessible for people with vision or hearing disabilities | ProxiSpeak ADA & WCAG Solutions | Scoop.it


"We don't want to exclude anyone," Byungho Kim, of Samsung's social contribution center in Suwon, said in a video during Samsung's Wednesday event. "Our technology is for everyone."  Samsung's TV lineup is about to become a lot more accessible for people with low vision or hearing issues. The company on Wednesday said all of its 2020 QLED and Neo QLED models will come with features like being able to move captions to avoid blocking other text on a video and the ability zoom in on a sign language window to see it better.


Read the full article at: www.cnet.com

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As Universities Move Fall Classes Online, Are Disabled Students Being Considered?

As Universities Move Fall Classes Online, Are Disabled Students Being Considered? | ProxiSpeak ADA & WCAG Solutions | Scoop.it


Considering that 19 percent of undergraduate students live with a disability, according to the National Center for Education Statistics, you’d think institutions of higher learning would simply assume 1 in 5 students may need some sort of accommodation and plan accordingly during course development. But I guess it’s unreasonable to expect universities to be smart in their approach to remote learning. And considering only an estimated 4 percent of college instructors are disabled, “out of sight, out of mind” seems to be the modus operandi. 

Read the full article at: rewirenewsgroup.com

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Woman files ADA 500 lawsuits across US as 'tester' of compliance  (Who's next?)

Woman files ADA 500 lawsuits across US as 'tester' of compliance  (Who's next?) | ProxiSpeak ADA & WCAG Solutions | Scoop.it

A disabled Florida woman paid a virtual visit to Maine and left a trail of lawsuits in her wake. Six to be exact.  Deborah Laufer is described in the federal lawsuits as a “tester”...   All told, she has filed about 500 lawsuits in 15 different states, said Robert Thorpe, an attorney in Syracuse, New York, whose law firm, Barclay Damon LLP, is defending several hotels and motels against Laufer lawsuits in both New York and Massachusetts.

Read the full article at: bangordailynews.com

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Cooper directs state agencies to recruit more disabled workers

Cooper directs state agencies to recruit more disabled workers | ProxiSpeak ADA & WCAG Solutions | Scoop.it


State government is increasing employment for people with disabilities and is encouraging the private sector to do the same.  Gov. Roy Cooper on Thursday signed an executive order that declares North Carolina to be an "employment first" state, meaning that people with disabilities who can work should be able to do that and that the state should do what it can to help. Several states around the country are taking same steps.

Read the full article at: www.wral.com

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COVID-19 Fuels Big Enrollment Increases in Virtual Schools (Is your web site ready for ALL of them?)

COVID-19 Fuels Big Enrollment Increases in Virtual Schools (Is your web site ready for ALL of them?) | ProxiSpeak ADA & WCAG Solutions | Scoop.it

The numbers are striking and consistent: Online learning providers are seeing a boom in enrollment as parents seek an alternative to chaotic remote school experiences this spring.  Florida Virtual School’s enrollment is up 54 percent year over year for its individual online course offerings and 64 percent for full-time programs. Public schools’ online programs managed by the for-profit provider K12 Inc. have grown from 122,000 enrollments in fall 2019 to 170,000 a year later. Applications to Connections Academy, a virtual school provider owned by Pearson, are up 61 percent.

Read the full article at: www.edweek.org

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Apple, disability rights activists, and others reflect on the Americans with Disabilities Act and accessibility

Apple, disability rights activists, and others reflect on the Americans with Disabilities Act and accessibility | ProxiSpeak ADA & WCAG Solutions | Scoop.it

Accessibility is one of the primary goals for Apple and the products it releases, aiming to democratize the most powerful technology and make it usable by the broadest scope of individuals.  So in a press release sent out today, July 22, Apple, several creatives, and disability rights activities reflect on 30 years of the Americans with Disability Act being in existence, and how accessibility features baked into the hardware and software we use every day makes a powerful impact.

Read the full article at: www.idownloadblog.com

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Digital Accessibility for Young Adults in Europe - EuroScientist Journal

Digital Accessibility for Young Adults in Europe - EuroScientist Journal | ProxiSpeak ADA & WCAG Solutions | Scoop.it

Digital technology continues to play an ever-increasing role in people’s lives, and has become an indispensable tool in many arenas, such as education and training, seeking employment, interacting with government bodies and companies, gaining an awareness of current affairs and issues faced by humanity, and communicating with others on digital platforms such as social media. Citizens have varying levels of physical, sensory, and cognitive abilities and disabilities—indeed, it is estimated that 80 million Europeans have a disability—and it is of vital importance that all have full and equal access to digital technologies.

Read the full article at: www.euroscientist.com

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ADA Website “Tester’s” Lawsuit Dismissed - Again (but no cause for celebration...  read on)

ADA Website “Tester’s” Lawsuit Dismissed - Again (but no cause for celebration...  read on) | ProxiSpeak ADA & WCAG Solutions | Scoop.it

FTA: "How to avoid ADA website litigation - Whether or not testers have standing to sue hotels for not complying with ADA standards on their websites, hoteliers still have to deal with the headache and expense required to respond to these lawsuits. The best course of action is to update your websites to comply with the ADA and make sure OTAs that present your properties on their sites do the same."

Read the full article at: www.lexology.com

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Companies still fail on online accessibility, even as new challenges emerge

Companies still fail on online accessibility, even as new challenges emerge | ProxiSpeak ADA & WCAG Solutions | Scoop.it


A US lawsuit against Domino’s Pizza has highlighted that popular food delivery apps are yet to meet accessibility standards for vision-impaired users, despite universal guidelines having existed for a decade.  Which-50 has confirmed several leading food ordering apps in Australia do not fully meet Web Content Accessibility Guidelines (WCAG) 2.0, the global standards for web content released in 2008. 

Read the full article at: which-50.com

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CRITICAL INFORMATION: DOJ Mandated ADA Compliance and Interactive Accessibility

CRITICAL INFORMATION: DOJ Mandated ADA Compliance and Interactive Accessibility | ProxiSpeak ADA & WCAG Solutions | Scoop.it


The Department of Justice (DOJ) published the Americans with Disabilities Act (ADA) Standards for Accessible Design in September 2010. These standards state that all electronic and information technology must be accessible to people with disabilities.  The ADA differs from Section 508 regulations, which are an amendment to the Rehabilitation Act of 1973 and apply to all information technology, including computer hardware, software and documentation.

Read the full article at: www.interactiveaccessibility.com

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Web Accessibility Explained. Web Accessibility is one of the…

Web Accessibility Explained. Web Accessibility is one of the… | ProxiSpeak ADA & WCAG Solutions | Scoop.it


Web Accessibility is one of the integral parts of digital product development process. Its scope and the implementation are dependent on the breadth of the product’s strategy. Driven by legal, regulatory and policy considerations, implementing organizational web accessibility initiatives may involve considerable efforts and resources.

Read the full article at: uxplanet.org

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