Seyfarth Shaw LLP, a labor and employment law firm, reported on the increasing number of Federal ADA Title III Lawsuits that have occurred since 2014 (see graph). They found that "most cases concern allegedly inaccessible physical facilities or websites."

The Americans with Disabilities Act of 1990, as well as revised ADA regulations Title II and Title III, that went into effect July 26, 1991, fall within the Attorney General regulations. These acts have continued to see revisions, up to the most recent changes that went into effect on January 17, 2017. A full list of regulations can be found on the ADA website.

Lawsuits continue to increase and are expected to all the more in the coming years. With many people uninformed of this act, many are blindsided to find that their site fails to comply. This comes at great cost for many who must pay large fines, even when settling out of court.

Schools and childcare facilities have been some of the more prominent targets of these lawsuits since the Department of Education has stressed ADA website compliance.

Seattle Public Schools settled for $5,000 in payment to a disabled parent. "The district estimates it will cost from $665,440 to $815,400 to implement the 3½-year decree. That includes funds to pay for an accessibility coordinator, staff training and attorney fees. Nightingale will receive $5,000 from the district for monetary relief," reported Seattle Times.

Miami University reached a settlement to pay a student actual costs up to $108,000, as costs are incurred, for up to five years and $142,000, less repaid loan amounts that are estimated to be between $40,000-$50,000.

Florida State University settled with two students in the amount of $75,000 each.

It isn't just learning facilities that are facing the heat.

​​​​​​​Target Corp reached a settlement for $3.7 million in attorney's fees and costs to the plaintiffs, in addition to establishing a $6 million settlement fund to compensate members of the California subclass.

The Orange County Clerk of Courts paid $10,000 to the Complainant to "compensate him for the harm he has endured (including, but not limited to, emotional distress, pain and suffering, inconvenience, and other consequential injury) as a result of the Clerk of Courts’ failure to provide the Complainant full and equal access to the official court record."

“We have been dealing with website issues for a long time,” said Jeff Thom, past President and Government Affairs Director for the California Council of the Blind. “We want compliance. It is a serious problem, no question about it.”

Many of the businesses targeted have been "retailers (including Winn-Dixie Stores Inc. supermarkets), restaurants (including Domino’s Pizza Inc.) and universities (including Harvard and MIT)," reported Los Angeles Times.

In addition, a large number of settlements involved lodging facilities (Hilton Worldwide Inc. and Carnival Corporation), the healthcare industry (Epic EHR and Tenet HealthSystem Medical, Inc.), and city/state groups (Humboldt County, California and the City and County of Denver, Colorado).

Even service providers, such as Zillow Group Inc., have recently faced lawsuits, meaning that your business could end up in a similar situation if you don't take proper actions to adhere to ADA regulations.

To assist companies in avoiding these issues, we offer ADA Compliance Technology. Not only can it save you from costly lawsuits, but it also is simple to implement and can be put in place quickly... Even if you've already been served papers, our service could help. Just ask us how!

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