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Civil Litigation,
California Supreme Court

Aug. 30, 2019

Standing and website discrimination: Square peg in a round hole

In the past, California courts required plaintiffs to show that an allegedly discriminatory website prevented their full use and enjoyment of a connected brick-and-mortar location. However, the ruling provides standing for discrimination claims based on an individual’s mere intent to use a website’s services, regardless whether the individual actually attempted to use the website to purchase products or services at a physical location.

Jeffrey M. Goldman

Partner
Pepper Hamilton LLP

Email: goldmanj@pepperlaw.com

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Tracey E. Diamond

Of Counsel
PepperHamilton

Email: diamondt@pepperlaw.com

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Victoria D. Summerfield

Associate
PepperHamilton

Email: summerfieldv@pepperlaw.com

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Most major businesses in California and elsewhere have an online presence. But, some businesses do not know that courts across the nation have required that their websites (not to mention other digital platforms, including apps) must comply with the Americans With Disabilities Act and analogous state law so that visually impaired users can access those sites.

A recent decision by the California Supreme Court has provided broad standi...

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