Online Shopping11th Circuit Holds a Website is Not a Place of Public Accommodation in Gil v. Winn-Dixie Stores
11th Circuit Holds a Website is Not a Place of Public Accommodation in Gil v. Winn-Dixie Stores

11th Circuit Holds a Website is Not a Place of Public Accommodation in Gil v. Winn-Dixie Stores

Website class actions alleging violations of the Americans with Disabilities Act (“ADA”) have been on the rise in recent years – involving small and large businesses alike. In June 2017 after a Southern District of Florida court held that a grocery store chain had violated the ADA because the inaccessibility of its website had denied the plaintiff the full and equal enjoyments of the goods, services, facilities, privileges, advantages, or accommodations that that grocery store offered. However, now the Eleventh Circuit has unequivocally clarified that a website is not a “place of public accommodation” within the meaning of Title III of the ADA.
BiometricsIn the Face of Huge Settlements, BIPA May Soon Be Losing Its Bite
In the Face of Huge Settlements, BIPA May Soon Be Losing Its Bite

In the Face of Huge Settlements, BIPA May Soon Be Losing Its Bite

Illinois lawmakers are considering a bill which has the potential to dramatically rein in the state’s strict Biometric Information Privacy Act (“BIPA”). On March 9, 2021, the Illinois House judiciary committee advanced House Bill 559 (the “Bill”) which would amend BIPA. The Bill has a couple of key amendments that may impact your business.
Auto DialerSCOTUS Narrows Scope of TCPA to Only Systems that Use Random Number Generators
SCOTUS Narrows Scope of TCPA to Only Systems that Use Random Number Generators

SCOTUS Narrows Scope of TCPA to Only Systems that Use Random Number Generators

In a long-awaited decision, on April 1, 2021, the Supreme Court of the United States released its opinion in Facebook v. Duguid et al., and unanimously adopted a narrow interpretation of the term “automatic telephone dialing system” or ATDS under the Telephone Consumer Protection Act (“TCPA”).
Meal KitCalifornia Automatic Renewal Laws and Recent Litigation
California Automatic Renewal Laws and Recent Litigation

California Automatic Renewal Laws and Recent Litigation

Automatic renewal contacts have become ubiquitous in our everyday lives; however, few give thought to the laws and regulations governing them. Whereas the federal government has regulations governing automatic renewal contracts, most states, similarly, have laws governing automatic renewal contracts, or automatic renewal laws (“ARL”). Perhaps unsurprisingly, in 2009 California enacted one of the strictest ARLs intended to end the practice of charging consumer credit cards without a customers’ explicit consent for ongoing shipments of product or deliveries of a service.
UtahUtah Adopts Cybersecurity Affirmative Defense Act Protecting Business from Certain Claims Arising Out of Data Breaches
Utah Adopts Cybersecurity Affirmative Defense Act Protecting Business from Certain Claims Arising Out of Data Breaches

Utah Adopts Cybersecurity Affirmative Defense Act Protecting Business from Certain Claims Arising Out of Data Breaches

On March 11, 2021, Utah Governor Spencer Cox signed the Cybersecurity Affirmative Defense Act (the “Act”) into law. The Act creates affirmative defenses to certain causes of action arising out of a breach of system security.