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Victoria Summerfield

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Victoria’s primary area of practice is litigation with an emphasis on the oil and gas industry. She also is a registered patent attorney.

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Q: Does the ADA apply to internet-only businesses?

A: The U.S. District Court for the Eastern District of New York recently ruled that the Americans With Disabilities Act (ADA) does not apply to websites that maintain no connection to a brick-and-mortar retail location based on a strict construction of the statutory language. Currently, the circuits are split as to the standard to be met for the ADA to apply to a website, and it remains to be seen whether the Second Circuit or other federal district courts will adopt the same rationale to afford a safe harbor for web-only retailers.
Continue Reading NY District Court Rules ADA Does Not Apply to Internet-Only Businesses

Q.  Does a consumer need to actually try to buy a product or service at a store to have standing to sue under the ADA for failure to maintain an accessible website?

A.  Evolving case law regarding website accessibility under the Americans with Disabilities Act (ADA) and comparable state laws continues to impact companies across…

Q.  What can I do to protect my company from lawsuits claiming that our website is not accessible to visually-impaired individuals?

A.  Companies, universities and other organizations around the country continue to face an onslaught of lawsuits brought under the Americans with Disabilities Act (ADA) alleging that commercial websites cannot be appropriately accessed by visually…