How Website Owners Should Prepare For ADA Compliance Lawsuits

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There has been a shift of ADA access lawsuits over the last two years. Owners of e-commerce stores have been complaining about receiving letters from looting law firms.

These groups claim to represent people with disabilities. The letters state that their e-Commerce stores and the software as a service they run are not ADA compliant.

Companies like Pacific Trial Attorneys seem to be sending a lot of these letters.

Why do website owners face ADA laws?

Under the Obama administration, the DOJ stated that all websites are public residences. That automatically makes them the subject of the Americans with Disabilities Act (ADA).

The Obama administration had also set a date for the publication of guidelines on website accessibility. These rules would tell you what you needed to do to make your website ADA compliant. When the Trump administration took over, they removed this calendar item and did not return it.

It created a gray space for all relevant parties. There is an approach for ADA compliance website. If you have been hit by an ADA lawsuit or think you may be in the future, the first thing you need to do is evaluate the standards of your website. If you can’t assess on your own, online accessibility solutions can help. Compliance with WCAG standards is your best bet to comply with ADA.

WCAG

Right now WCAG The standard version is version 2.1, which was released in 2018. The 2.2 standard is still at the preview level. To create adequate protection against this lawsuit, you need to be at least compatible with the 2.0 standard.

That’s a simpler place to start as well. And if a complaint is made, you can say that you have started with efforts to make your website more accessible to people with disabilities.

There are specific criteria for judging WCAG compliance

  • Note: Users should be able to see and hear the content.
  • Operational: Web technology should be designed in such a way that it can be used with keyboards and voice commands.
  • Understandable: People should be given clear and simple language.
  • Sustainability: Different assistive technologies should be similar on the web.

Examples of disabilities that WCAG may be able to help with:

  • People without arms use a mouth stick for writing.
  • People with hearing loss watch videos with subtitles. Subtitles have other advantages because one can use them when they cannot play the audio.
  • People with vision loss use screen readers to understand the content. Better design helps with the overall user experience. Higher variations help with outdoor use.

Features easy to implement

  • Screen readers read other text options for images. These will also be used by search engines for indexing.
  • Clear headers and labels for all website content to make it easy for technologies to navigate website accessibility.

Terms of use contract

Many small website owners do not consider this factor. Always have terms of use agreement drafted by a qualified solicitor. Such agreement shall include the disclaimer of ADA. It will also have an alternative compliance route and provision of conciliation that could create a number of obstacles for the other party.

Conciliation

For example, the terms state that settlement can only take place in the state in which your website is located. In addition, the laws of that state apply to anyone who attempts to use your website.

It prevents litigation tax lawyers from taking action against you. Lawyers do not want to travel to another state to fight a case. They do not fight on their home ground, and all travel expenses could go to waste if they lose the case.

ADA Policy

ADA’s strong policy goes a long way in protecting your e-Commerce business. If you are ever complained, you can say that you have made other arrangements for people with disabilities.

For example, you could use a telephone line to take orders. ADA phone compliance is easy to implement. It would be reasonable to say that you have operators who can send orders for someone who cannot use a computer. If a lawsuit is provoked, it will also give your lawyer a point of factual argument.

Here are some ways to protect yourself and your business from unnecessary legal problems.