Hunton Retail Law Resource

A recent decision from the Southern District of New York offers useful guidance for retailers defending website accessibility claims under Title III of the Americans with Disabilities Act. In Jones v. Moscot.com, LLC, the court dismissed the plaintiff’s ADA claim as moot after concluding that the retailer’s remediation efforts and ongoing accessibility measures eliminated any live controversy. As background, Title III of the ADA provides a narrow remedial framework for private plaintiffs, only authorizing civil actions for preventative relief via injunctions and restraining orders. Monetary damages are not available to private plaintiffs for a past violation, so the success of a plaintiff’s ADA accessibility claim depends on a showing that the violation will continue.