WEBSITES –

ADA

You are probably asking who is suing my Company? The Plaintiffs in these lawsuits are usually hearing or visually impaired individuals. They are claiming that the screen reading software or other assistive technologies are unable to fully function on your company’s website due to digital barriers that are limiting their access. It is being claimed that the disabled plaintiff is being denied full and equal enjoyment of the website as compared to non-disabled individuals.

While most people are familiar with physical premises being required to comply with the ADA, a newer breed of these lawsuits are becoming more and more popular. ADA Website Compliance Lawsuits. It starts by Plaintiff’s attorney either sending a letter of Filing and serving a Complaint. The letter or Complaint (depending on the stage) that you receive provides a detailed analysis of your Company’s website from a Plaintiff’s website accessibility expert. These alleged experts usually exaggerate or overstate the number of violations and one should be weary of contacting the Lawyer to attempt to resolve the matter on his or her own. Instead, call us, a Law Firm that is well versed in the Law and has vast experience with claims of ADA violations. Rely on the Bell Law Group, PLLC to assess which violations are real versus those that are exaggerated. We utilize our own website accessibility expert at a controlled cost which enables us to properly defend these claims on a budget. 

The DOJ (Department of Justice) has given private lawyers the authority to sue on disabled individuals behalf to enforce Title III claims alleging ADA violations. Unfortunately, there is no “Notice” requirement, meaning that a Lawsuit can be filed without giving the Company some reasonable amount of time to correct an alleged violation of the ADA before a Lawsuit is initiated. This leads to Lawyers filing many lawsuits on behalf of the same Plaintiff as they are often motivated to take advantage of the provision of the Law that allows for the recoupment of their legal fees. Alleged Website violations are at a greater risk for voluminous, abusive litigation tactics in that the Lawyer does not even have to leave his or her chair as they perform internet research, browsing numerous websites to determine which ones contain violations. Once websites are identified, lawyers commence a number of lawsuits, as the more that are commenced, the more money they receive in Legal Fees. Therefore, a Lawyer has a strong motivation for commencing a multitude of litigation over alleged non-compliance with the ADA. Under Federal Law, the Plaintiff may seek injunctive relief only (that the website is corrected and no other relief) but is also entitled to receive attorney fees and costs. However, depending on the State you live in, there may be local laws that allow for additional monetary damages. For example, New York has New York State and New York City laws that may apply whereas in Florida one has to rely solely on Federal Laws.

Additionally, the Department of Justice can also pursue these matters on their own. However, in addition to injunctive relief, attorney fees and costs the DOJ can also impose civil penalties, which can range from $75,000 for initial penalties to $150,000 for additional violations.

Unfortunately, these cases are not going away. Each year there is an upward trend on the number of cases being filed. Due to the “success” of these lawsuits, we imagine that there will continue to be a significant uptick year by year, starting with larger businesses being targeted first and eventually moving on to medium and small businesses. Furthermore, the DOJ is fully supporting this type of litigation and the DOJ is considering adopting the Web Content Accessibility Guidelines (WCAG) 2.0, which are international guidelines for web accessibility created by a private company.

If a violation of the ADA is identified, a “reasonable” modification needs to be made. In evaluating whether the modification is reasonable, courts will look at it’s effectiveness and it’s cost.   The less the remedial cost, especially as compared to the cost invested into creating the entire website, the more likely a change will have to be made. Especially if it involves minor work to the website.

In hiring the Bell Law Group, LLC you are getting experienced counsel that is knowledgeable in the field and has experience with WCAG 2.0. We will be proactive in reviewing your website and if not in compliance, we will get you in compliance, cutting off any damages in the case. We have a lot of experience in negotiating with Plaintiff’s counsel in obtaining a quick inexpensive resolution of the claim. We will also come up with a plan moving forward to minimize any chances in being involved in this type of litigation again.

Give us a call at 855-566-2355 (855-JON-BELL)

Our consultation is free.  We can work on your defenses and minimize your exposure if there is any.  Our goal is to put this litigation behind you so you can focus on your business and avoid these types of lawsuits moving forward.  We look forward to hearing from you.