Executive Summary: Despite the recent explosion of lawsuits challenging the accessibility of websites under Title III of the Americans with Disabilities Act (ADA), the Department of Justice (DOJ) has announced that it will not publish proposed revisions to the Title III regulations to address website accessibility until 2018. However, businesses should not view this as a reprieve or anticipate a slowdown in litigation. In fact, the DOJ continues to conduct investigations of website accessibility under both Title III and Title II (applicable to public entities, such as public universities). Additionally, plaintiffs’ lawyers have filed class actions against a variety of businesses including on-line entertainment providers, retailers, providers of e-books, financial institutions, credit reporting agencies, public universities, and even the NBA and NCAA, alleging violations of Title III based on inaccessible websites. The DOJ has intervened in many of these lawsuits.
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