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Articles Posted by Stuart Tubis

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What is the “Prevailing Market Price” Under California’s Strike-Through Pricing Laws

California’s strike-through pricing and false advertising laws aim to protect consumers from misleading discount claims. Law firms like Pacific Trial Attorneys, Tauler Smith LLP, Dovel & Luner LLP, and Bursor & Fisher, P.A. have filed these types of consumer rights cases against businesses in California. A key component of these…

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Defending ADA and Unruh Act Lawsuits: Winning Attorneys’ Fees as a Business

For small business owners, facing an Americans with Disabilities Act (ADA) lawsuit can feel like an uphill battle. These lawsuits often allege accessibility violations, and the costs of litigation can be daunting, even for businesses striving to comply with ADA regulations. However, a recent victory in the case of Orlando…

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Defending Against Strike-Through Pricing Lawsuits: Strategies and Considerations

In the world of online retail, strike-through pricing—displaying a higher “original” price crossed out next to a lower “sale” price—is a common marketing tactic to highlight discounts and drive sales. However, when not implemented correctly, this strategy can lead to legal claims from consumer protection law firms like Pacific Trial…

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How to Make a Website Accessible and ADA Compliant

Creating an accessible website is not just good for business—it’s a legal imperative to comply with the Americans with Disabilities Act (ADA) and California Unruh Civil Rights Act. The Web Content Accessibility Guidelines (WCAG) 2.1 AA standards are widely recognized as the benchmark for website accessibility by US courts. This…

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Possible Accessibility Litigation Reform Coming for California Businesses and Landlords: Understanding SB-84

California has long seen a high number of lawsuits filed by individuals with disabilities alleging violations of the Americans with Disabilities Act (ADA), Unruh Civil Rights Act and the California Disabled Persons Act. Many have complained that these laws have been exploited by serial plaintiffs who file hundreds or thousands…

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Navigating Website Accessibility: Legal Pitfalls and Proactive Compliance Strategies

The digital age has transformed how businesses interact with customers, but with this shift comes heightened legal exposure under the Americans with Disabilities Act (ADA) and Unruh Civil Rights Act. Website accessibility lawsuits now account for a substantial percentage of all ADA Title III claims in recent years—a trend fueled…

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Understanding California’s “Strike-Through Pricing” Laws: Compliance and Best Practices for Businesses

“Strike-through pricing”—where retailers display a higher original price alongside a lower sale price—has been an effective marketing strategy for decades. However, in California, businesses must be cautious when using this strategy to ensure compliance with state laws. Misleading pricing claims can lead to expensive unanticipated legal repercussions, consumer mistrust, and…

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Reform of California Accessibility Law Proposed by SB 585

California Senate Bill 585 (SB 585) seeks to achieve a balance between ensuring accessibility for individuals with disabilities and protecting small businesses from exploitative litigation. The draft bill proposes a “right to cure” period, allowing businesses with 50 or fewer employees 120 days to rectify alleged construction-related accessibility violations before…

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ADA & Unruh Civil Rights Act Plaintiffs and Law Firms – 2024 Edition

On our ADA Compliance & Defense Blog, we have written extensively about Americans with Disabilities Act (ADA) and California Unruh Civil Rights Act lawsuits. Many such lawsuits are filed by a small handful of serial plaintiffs and their law firms who actively seek out physical locations and websites of businesses…

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