Business Law

Business Law Annual Review 2017

Banks Face Wave of Website Accessibility Claims Under the ADA

Merrit Jones

Merrit Jones is an associate at Bryan Cave, LLP in San Francisco who has defended numerous accessibility claims on behalf of banks and retailers, and also has extensive experience advising such clients concerning ADA compliance. Her practice focuses on commercial litigation, with an emphasis on representation of retailers and financial services companies in a broad range of consumer protection and privacy, lender liability, and regulatory compliance matters.

This past year has seen a surge in demand letters and lawsuits alleging that websites are inaccessible in violation of the Americans With Disabilities Act of 1990 (the "ADA"), despite the fact that the ADA and its implementing regulations do not expressly address websites.

Banks and credit unions are among the most recent targets. Title III of the ADA prohibits discrimination against individuals "on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation,"1 which includes banks and financial institutions that offer services to the public.

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