ADA Compliance for Websites and Apps: Mitigating the Increasing Risk

Description

Just as physical access to a brick and mortar location must meet ADA standards of accessibility, courts have now made clear that websites and apps must also meet accessibility standards. Your client may find itself on the receiving end of a demand or a lawsuit brought by one of many plaintiffs' firms that seek out noncompliant websites and concentrate on such litigation.

According to the Department of Justice, the ADA, which became law in 1990, is based on the principle that "people with disabilities should have the same opportunities as everyone else to participate in the mainstream of American life." Although the internet was not in wide use in 1990, fluctuating ADA compliance standards have been evolving in its application to non-physical spaces like websites. Because there is no single uniform standard for website ADA compliance, counsel to businesses must be diligent in assuring compliance. If a business website is not ADA-compliant for the vision and hearing impaired, it should anticipate a demand letter or lawsuit pointing this out and seeking compliance and other damages. Attorneys pursuing these “surf by” lawsuits are focused not only on remediation of the website but the attorney’s fee recovery provisions of the ADA. They are efficient and experienced in identifying target companies, and in maximizing their recovery. Counsel to businesses targeted by these claims must prepare to defend their clients.

Fortunately, target companies and defense counsel can take proactive steps to mitigate this risk. In the pre-suit phase, these range from a website audit and proactive remediation efforts to user-directed communication about website accessibility to various software monitoring and correcting packages. Following a claim, experienced defense counsel can assist in minimizing liability and damages.

Listen as experienced counsel and industry experts discusses exposure and compliance in this evolving and litigious area, and learn how large and small businesses can identify the issues and offer solutions before the process server appears.