The internet presents a high-speed, low-friction way for companies to interact with the public.  Consumers can browse inventory, gather information and complete transactions from the comfort of their own homes in a fraction of the time it takes to travel to a brick-and-mortar store. Companies can also respond to consumer inquires at all hours through chat features and email. To streamline customer service and maximize sales, companies often employ sophisticated technologies that enable them to identify and monitor consumer behavior through their digital footprint. However, these technologies―and indeed the websites themselves―present legal implications on state and federal levels, including issues related to accessibility and privacy. 

Disabled users often allege that they encounter barriers limiting their access to websites, or even preventing them from completing transactions. Additionally, as businesses devise targeted marketing and business development opportunities, users are more astute to consumer protection laws, especially as it relates to their electronic data and personal identifiable information.

Duane Morris advises businesses on establishing standards and implementing various safeguards and strategies that minimize exposure to litigation, including class actions, related to the Americans with Disabilities Act (ADA), federal and state privacy and wiretapping regulations and laws, the overall online experience and other related technology. Should potential litigation arise, our team collaborates with clients to explore avenues for resolution before a case is filed and works to defend against class certification.

In addition to litigation, we have substantial experience counseling clients in all phases and areas of the digital experience, from preventative measures to solutions concerning their public-facing websites arising out of state and federal privacy laws such as the Federal Wiretap Act, the Electronic Communications Privacy Act (ECPA), the California Invasion of Privacy Act (CIPA), the Video Privacy Protection Act (VPPA) and the Illinois Biometric Information Privacy Act (BIPA).

Services We Provide

  • Develop strategies and proactive measures to minimize risk with consumer activity
  • Review existing company policies and processes for consumer data on websites to ensure compliance with federal and state privacy statutes
  • Defend class action lawsuits
  • Counsel and defend companies on issues related to wiretap and privacy laws and statutes
  • Advise on establishing website standards, including the Web Content Accessibility Guidelines (WCAG)

For More Information

For more information, please contact J. Colin Knisely, Michael S. Zullo or any of the group members referenced in the Attorney Listing