Stand Out in a Sea of Sameness (jschmid.com)

Last month, a federal appellate panel revived claims that ad-tech company NaviStone violated a Pennsylvania wiretap law by allegedly tracking users who visited online retail sites. Since then, at least 10 new lawsuits with similar allegations have been filed against other web companies -- including online pet store Chewy.com, travel service Expedia, and real estate company Zillow.com -- NaviStone's lawyers said in papers filed Friday with the 3rd Circuit Court of Appeals. In a letter filed Friday with the appellate court, NaviStone's lawyers write that the new cases “illustrate that the panel’s decision effectively renders any company with a website accessible in Pennsylvania” subject to a lawsuit alleging violations of the state's wiretap law. NaviStone is calling attention to the new cases to bolster its request that the 3rd Circuit reconsider its recent ruling.

Web accessibility lawsuits are occurring at an alarming pace. Understanding the legal and technical guidelines of what is mandated is often tricky and confusing. Although the ADA (Americans with Disability Act) laws don’t formally specify compliance with the Web Content Accessibility Guidelines (WCAG) set of technical standards, private business sites have to be accessible, and it’s well-accepted that compliance with WCAG is the best way to achieve that standard. Unfortunately, this growing trend in claims is also due in part to the significant complexity in implementing the WCAG guidelines. As a result, the painful reality is that the majority of sites do not meet these standards. Resolving issues manually or without technical expertise can be a struggle or even cause additional accessibility problems. Further complicating matters is that by its nature, ecommerce is driven by dynamic change, continually coming in from all directions. Often, the number of people contributing to the site increases the challenge to remain in compliance. In this environment, not having a plan to protect your business from these accessibility claims could leave merchants with significant legal exposure.

The coronavirus has been a life-changing event. We've never experienced anything like this before. Baby Boomers were young when polio was nearly eradicated with the Salk vaccine in 1955. At that time, very little was known about polio, which paralyzed and often killed young children. Science has greatly advanced since then. Even so, until we have a proven vaccine, the spread of COVID-19 will continue and the so called “new normal” will evolve and become even more of a reality with every day that passes. COVID-19 has brought about changes in ways we never imagined. Changes in the way we shop, how we work from home, homeschool our children, entertain ourselves, and so much more. What we wouldn't have imagined prior to the coronavirus is becoming the new normal today. Some of the changes we've made will revert back to the old way of doing things once the virus passes. Many of the changes will remain at least for an extended period of time. Many consumer catalog and online businesses have seen a significant increase in response to the way people shop during the coronavirus — i.e., “The COVID factor.” The increase varies by product category.