Emord & Associates provides representation to businesses accused of violating the Americans with Disabilities Act (ADA) or analogous state statutes like the California Unruh Act. Under the ADA, Plaintiffs are permitted to file claims against businesses for allegedly non-compliant websites. These “website accessibility” or “digital accessibility” claims allege that a business failed to maintain a compliant website that provides equal access to sight-impaired visitors. Nearly any business can be targeted through this theory of liability, and these cases have proliferated on the federal and state dockets. Plaintiff attorneys may use “testers” or professional plaintiffs to file litigation in large volumes, including claims against online-only businesses. The viability of these claims depends on many factors, including jurisdiction and facts of each matter. Retaining competent counsel early in the process is essential to avoid significant liabilities, drawn out legal proceedings, or cumbersome changes to business operations.
Our firm has represented companies in ADA digital accessibility cases along with conventional ADA access or disability claims. We take an aggressive approach to litigation that favors early resolution or, if litigation remains necessary, a successful outcome in court. The firm also provides counsel to businesses looking to avoid liability. Through our resources, businesses can pursue compliance strategies that greatly limit risk in this area.