Website, Mobile, & Digital Application Accessibility

The Octillo Accessibility Team

Octillo is uniquely situated to determine if your website meets national and international standards and compliance with other privacy and security laws because its Accessibility Team includes:

  • Certified Information Privacy Professionals, United States (CIPP/US) and Certified Information Privacy Professionals, Europe (CIPP/E);
  • former web designers;
  • former web design and tech business owners;
  • significant experience representing global clients on website and mobile accessibility matters from compliance, remediation and settlement matters with regulators.

As one of the deepest and most experienced teams in the country, we have defended and resolved numerous ADA Title III claims and lawsuits, including alleged class actions, for clients in a wide variety of industries, including hospitality, restaurant, medical and retail (both luxury and other consumer goods).

Our team has offices located in the states in which the most ADA litigation is being filed—California, New York, and Pennsylvania.

Litigation Defense & Website Remediation

In the United States, a flood of ADA litigation has hit every sector and industry regardless of size, including consumer brands and retailers, restaurants, grocery stores, hotels, banks and financial institutions, not-for-profits, museums and universities.  These lawsuits are filed primarily in New York and California state and federal courts, where plaintiffs add New York Human Rights or California Unruh Act claims, which may provide an additional basis to seek statutory damages.

Octillo attorneys handle defense of website accessibility lawsuits brought under the ADA and related state and municipality laws, including the defense of putative class actions.  Octillo attorneys are up to date on ADA litigation and dismissal trends, including on Article III standing, mootness and personal jurisdiction grounds, and monitor industry trends.  Where appropriate, Octillo advises clients on settlement strategy and on technical compliance with settlement agreements.  Octillo attorneys work with industry and trade associations on initiatives to reform Title III of the ADA and to promote the adoption of reasonable and cost-effective accessibility standards.

Octillo attorneys know that companies do not intend to discriminate against potential customers or individuals with disabilities.  Online offerings should enhance business operations, and not take away from them.  To this end, our team provides practical, low-cost and high-impact solutions to address website, mobile and digital application accessibility preventatively and respond to consumer complaints, in effort to avoid litigation.

Legislation & Rule Making

Octillo’s in-house proprietary privacy tracker monitors proposed and pending state law website accessibility legislations, including initiatives in New York State’s Internet and Technology Committee, and proposed rule making by the Department of Justice.  Octillo attorneys have supported various legislative endeavors to reform Title III of the ADA.

Compliance & Audits

Octillo attorneys advise clients on website, mobile and digital application accessibility under national and international accessibility standards, including:

  • Title III of the Americans With Disabilities Act (ADA);
  • Sections 504 and 508 of Rehabilitation Act of 1973;
  • W3C Web Content Accessibility Guidelines (WCAG 2.1);
  • Accessibility for Ontarian’s with Disability Act (AODA) and the Accessible Canada Act (Bill C-81);
  • UK Equality Act 2010/BS 8878, a Code of Practice for Web Accessibility; and
  • EU Directive 2016/2012 (Web and Mobile Accessibility Directive).

Working with in-house technologists and outside developers, members of the disability community and internal assistive technologies, Octillo attorneys conduct internal and remedial audits of client websites and mobile applications, evaluate platform compatibility and oversee implementation of recommended remedial or accessibility-enhancement measures.

In particular, Octillo works with clients to:

  • Develop internal accessibility programs and conduct employee training to handle disability and accessibility related complaints;
  • Draft accessibility statements and incorporate accessibility principles into company privacy policies, terms of use, and related website and application policies, procedures and contracts;
  • Evaluate production server/website copy and product prototypes for compliance with ADA and international accessibility regimes; and
  • For e-commerce, sales, ticketing, reservations and transportation bookings, work with members of the disability community and assistive technologies to evaluate practical impediments to accessibility.