Providing quality ADA Defense, Business & Real Estate Services throughout the United States for over 40 years.

Karlin Law Firm LLP
Contact Us

Call Today At  888-698-8932

Email

CALL

Karlin Law Firm LLP

The Leading Law Firm In The Nation For ADA Legal Defense

ADA | Americans with Disabilities Act

Seasoned ADA Attorneys Defending Businesses From Website And App Lawsuits

Karlin Law Firm LLP, established in 1979, is the largest ADA defense law firm in America. Having provided legal services for over 40 years, we defend businesses and property owners facing lawsuits related to the Americans with Disabilities Act. Our firm leads in defending businesses, website and app owners against a significant surge in ADA website and app claims, often driven by individuals asserting that websites and apps fall short of their personal standards. 

We are aware of the attorneys who have been sending threatening letters and filing lawsuits regarding ADA website and app compliance. In our view, many of these claims are bogus and frivolous. Our attorneys are ready to protect your rights and guide you through the process. 

For our more in-depth information page on ADA website lawsuits, please click here. For the website checker, go to the end of this page.

Current Legal Landscape And Court Decisions

Currently, no definitive ADA standards for websites and apps have been established, as confirmed in the recent 9th Circuit Court decision in Robles v. Domino’s Pizza on January 15, 2019. The case also suggested that stand-alone websites and apps with no direct connection to a physical location or brick-and-mortar store may be exempt from ADA requirements. This aligns with the 11th Circuit’s position, though it is acknowledged that other circuits may interpret this issue differently.

Additionally, the 11th Circuit Court issued its decision in Gil v. Winn-Dixie, ruling that websites, even those associated with physical stores, do not generally need to comply with ADA requirements. This decision highlights a clear split of authority among the Federal District Courts of Appeals.

Understanding ADA Website Claims And Standards

Some ADA website claims frequently imply that the Department of Justice (DOJ) has established definitive guidelines for ADA compliance for websites or apps. We believe this interpretation is potentially misleading, as our position is that such guidelines have not been formally applied. These claims typically refer to: The World Wide Web Consortium (W3C), an international standards organization that has published Version 2.0 of the Web Content Accessibility Guidelines (WCAG), specifically guidelines 3.1.1, 2.4.4, and 3.1.2.

If you have been threatened with an ADA website or app lawsuit, feel free to reach out to us for assistance. It may be helpful to know that the 9th Circuit Court, in Robles v. Domino’s Pizza, addressed questions of due process, jurisdiction and the lack of established website standards. The court concluded that there is no specific standard that websites, mobile sites or apps must follow to accommodate the blind or visually impaired (who may use the JAWS program to translate website text into speech). Nevertheless, plaintiffs may still file lawsuits in an attempt to demonstrate that a website’s accessibility is inadequate.

In reaching its decision, the court referred to ADA language and certain DOJ guidelines (though not specific website standards), which were developed over time without Congressional input. We believe Congress or the DOJ will need to clarify this area of law.

Economic Impact Of ADA Website Lawsuits

These ADA-related lawsuits and threats against websites and apps can be viewed as disruptive not only to the internet but also to American businesses and the broader economy, comparable to a virus affecting thousands of business computers. With over 100 million websites – and an untold number of mobile sites and apps – in the United States alone, few, if any, meet the vague “standards” that certain attorneys claim should be upheld by the courts.

While a plaintiff may or may not prevail, the mere filing of the suit often compels a business, however small, to spend time, money and resources defending its website design, even if it is ultimately deemed compliant. The court’s ruling seems applicable to the smallest of businesses. This could include a retiree with a simple three-page website selling fishing lures or a handyman’s website advertising repair services.

Until clarification comes from Congress or the DOJ, we anticipate a growing wave of ADA website and app lawsuits targeting businesses of all sizes, as well as self-employed individuals operating micro-businesses. In essence, we view these lawsuits and threats as ADA-based attacks on websites and apps, no different in impact than a computer virus. In many cases, it appears that these actions are intended to extract settlement payments in exchange for dropping or not filing a lawsuit.

Karlin Law Firm LLP has defended, consulted on and resolved over 4,000 ADA cases, including ADA website and app claims, as well as physical ADA lawsuits. We recognize that most of these cases disproportionately impact small, struggling businesses, often owned by minorities and recent immigrants, who may rely on these small enterprises due to limited employment opportunities. 

While high-profile cases, such as Domino’s Pizza, may give the impression that only large businesses face ADA lawsuits, the reality is quite different. The reported cases rarely reflect the thousands of small businesses deeply affected by these rulings, leaving the public largely unaware of the broader impact on these smaller enterprises.

Emerging Trends In ADA App Lawsuits

A trend has developed in which certain law firms are targeting developers and owners of mobile applications with claims of alleged ADA noncompliance. In our view, these ADA app claims and lawsuits generally lack a sound legal basis. The law firm Carlson Lynch, based in Pittsburgh, PA, is among those pursuing claims on behalf of Robert Jahoda and Eddie White through attorneys R. Bruce Carlson, Kevin W. Tucker, and Todd D. Carpenter. If you have received a claim letter from this firm, please feel free to reach out to us.

Even the Department of Justice (DOJ) has faced challenges in proposing a consistent standard for website information display. After a decade of deliberation, the DOJ appears to have moved away from establishing such requirements. To our knowledge, under Title III, the DOJ has not mandated ADA compliance for apps or software for private businesses. Despite this, some ADA plaintiff firms persist in filing lawsuits and, in some cases, are even threatening litigation over mobile sites and apps.

Law Firms And Plaintiffs Involved In ADA Website Claims

Some of these attorneys and law firms include Scott Ferrell, David Reid, Pacific Trial Attorneys, Victoria Knowles, Rusty Payton, Marc Dann, Joseph Manning (hotel website ADA lawsuits and other claims), Michael Manning (hotel website ADA lawsuits and other claims), Craig Cote (hotel website ADA lawsuits and other claims), Caitlin Scott, Vineet Dubey plaintiffs Sean Gorecki, Dona Dugo (hotel website ADA lawsuits), Kayla Reed (hotel website ADA lawsuits), Edward Davis, Perla Mageno, Poupak Barekat (hotel website ADA lawsuits), Abacuc, Abacus Heras (hotel website ADA lawsuits), Cesar Cotto, Jennifer Carbine, Perla Mageno, Rebecca Castillo (Website ADA lawsuits), James Farr (website ADA lawsuits), and Brett Deslavo (website ADA lawsuits).

Additional attorneys include Lipsky Lowe, LLP, Douglas B. Lipsky (New York City, New York) Plaintiff: Brian Fischler, Kevin W. Tucker (website letters) plaintiff: Blair Douglass, Morgan J. McGrath (website letters in Florida), Hasstie Sanjar, Steven L. Derby, Amanda F. Benedict, Law Office of Amanda Benedict, Plaintiff: Richard Cooks, Ruban D. Nathan, Nathan & Associates, APC, Plaintiff: William White, Amanda Seabock with Center for Disability Access with plaintiffs: Orlando Garcia (Hotel Websites), Chris Langer, Megan Erasmus & Allan J. Williams II (Closed Captioning), Jonathan A. Stieglitz, Apex Law, Ryan M. Ferrell, (website letters, based in Arizona), Thomas W. Kohler, and Jonathan A. Stieglitz.

David Paul Force of Stein Saks, PLLC, in New Jersey files lawsuits in New York. David Force represents plaintiffs Mary West, Pamela Williams, Frances Kalender, Joseph Guglielmo, Yaseen Traynor and Valentin Reid. Jeffrey M. Gottlieb files website lawsuits in the Eastern and Southern Districts of New York. Gottlieb’s plaintiffs include Henry Tucker, Yony Sosa, Lawrence Young, Marcos Calcano, Donna Hedges, Emanuel Delacruz, Sandy Graciano, Cedric Bishop, Braulio Thorne, Milton Williams, Steven Matzura, Juan Roman and Arturo Stevez. Dan Shaked filing lawsuits against APPS in New York, including plaintiff’s: Aretha Crosson, Mary Conner, Rasheta Bunting, Denette J. Ligon, Linda Slade, Angel Rodriguez.

Florida Realtors has issued letters to its members regarding Portell Law Group, which represents Access4All, Inc. Led by Jennifer Portell (also known as Jennifer Espinet-Portell) in Miami, Florida, with an office in Washington, D.C., this firm has been the subject of a warning from the Florida Realtors Association. For further details, please see our separate page on Portell Law Group’s website claims. Another firm, The Canon Law Firm, led by Mr. Berokim, has been issuing ADA-related threat letters, claiming representation of Xandra Krahe, a blind or visually impaired resident of California. For specifics, refer to our page on Canon Law and Berokim website claims. The Canon Law Firm and Kousha Berokim have targeted bike stores with ADA website lawsuit threats.

How We Can Help

Our attorneys focus specifically on ADA website defense, providing both legal representation and consultation on measures that you, your IT team or your web developer can implement to help mitigate the risk of ADA claims. One valuable resource is the WCAG, the Web Content Accessibility Guidelines from the World Wide Web Consortium (W3C), although these are not formally established standards.

With offices serving clients throughout California – including Tustin, Los Angeles, San Diego, and San Jose – and across the United States, our attorneys are strategically positioned to provide immediate assistance.

Contact us today for a consultation to discuss your situation. Whether you’re facing an active lawsuit or want to proactively protect your business from potential claims, early intervention can significantly improve your chances of a favorable resolution. Call us at 888-698-8932 or complete our online form to schedule your consultation. 

Resources For Website Accessibility

Here are some resources for web and website accessibility checkers and testers and testing: