“I got an ADA lawsuit. What do I do?”

One of our colleagues received a certified letter indicating they were being sued because their website was not in compliance with a recently passed ADA law in the US. On the surface this looks legitimate but after closer inspection it appears to be a scam where someone has taken quick advantage of recent legislation.

Still, this is a very real possibility for our business which directly impacts our clients.

So, what can be done?

From what we understand it boils down to this:

To be part of this requirement that all websites be ADA compliant you need be a “place of public accommodation” or, in other words, have a brick and mortar store.

“”The ADA mandates that places of public accommodation, like Domino’s, provide auxiliary aids and services to make visual materials available to individuals who are blind,” the appeals court said in January.”

What is not defined in the legislation is a “place of accommodation” and it is unclear if an online-only website is included in this definition but since this case was brought against a brick-and-mortar retailer (Domino’s) it can be inferred that it applies onto to these types of retailers.

The truth is, we really don’t know how this is going to impact online businesses. What we can be certain of is there is going to be quite a bit of misinformation and fear mongering surrounding it due to the lack of clarity.

We will be closely watching the case, our industry and will let you know if any measures need to be taken.

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