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Archive for the "Lawsuits" Topic

2016 Legal Landscape Update: State and Local Government

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In 2016, the number of lawsuits for digital accessibility increased dramatically. With the court cases and settlements of previous years, the message was loud and clear: the Americans with Disabilities Act (ADA) applied to digital accessibility and the Department of Justice (DOJ) was going to enforce digital accessibility. State and local government websites have responsibility to the public to make sure that everyone living in their community has equal access to the information and services provided by the government. Some accessibility issues, such as the ability to vote, can even curtail fundamental rights. Although updates to ADA Title II (covering… Read More

Using the Law as a Tool to Advance Digital Accessibility

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This year’s 2017 Digital Accessibility Legal Update presentation at CSUN was a huge success. Prominent disability attorneys Lainey Feingold of the Law Office of Lainey Feingold and Linda Dardarian of Goldstein, Borgen, Dardarian & Ho gave a standing-room only presentation that was so successful, it required an encore the next day. SSB BART Group was honored to host this repeat presentation in our showcase suite. The Law as a Tool The presenters spoke about using the law as a tool to make websites accessible to everyone. One of the most important tools is using the laws that are already in… Read More

FCC Regulations – Legal Update Webinar

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Need to Learn More about Accessible Communications Regulations? If you are part of an organization that provides audio or video entertainment, advanced communications, or any other type of telecom product or service, you need to be well-versed in the requirements of the 21st Century Communications & Video Accessibility Act (CVAA) and the Communications Act. In our upcoming free webinar – FCC Accessible Communications Regulations Legal Update – Attorney Maria Browne of Davis Wright Tremaine LLP and SSB BART Group CEO Tim Springer will discuss: The scope of the CVAA and other laws as they pertain specific industries Requirements for compliance,… Read More

ADA and the Internet: ADA Settlements – Customer Service

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This is the 7th and final installment in the ADA and the Internet Series. Settlements will typically contain language about providing customer service to users with disabilities. This includes a requirement that you provide a method for users with disabilities to access customer service as well as a requirement to train your customer service representatives so they understand how to properly handle and escalate issues related to accessibility. For example, when someone contacts customer service and says “I have an issue using the site in JAWS,” we don’t want the response to be “What is JAWS?” Representatives should also know… Read More

ADA and the Internet: ADA Settlements – Testing and Bug Fixing

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This is the 6th installment in the ADA and the Internet Series. Automated Web Accessibility Testing Purchasing and deploying an automated web accessibility testing tool is a key part of any web accessibility program. As part of the settlement, most clients will need to secure and use an automated testing tool that covers web, mobile and electronic documents. Automated testing is another basic requirement we see in most agreements. While this can be done internally, most clients outsource this and have SSB run automated tests. There is no material cost associated with this approach as we can allocate a few… Read More

ADA and the Internet: ADA Settlements – Policies, Public Statements, and Personnel

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This is the fifth installment in our ADA and the Internet Series Web Accessibility Policy Most settlements have a requirement for a web accessibility policy and DoJ settlements have been including them for some time. Generally, we would agree that requiring a defined, written, and widely distributed digital accessibility policy is a best practice. One item we would recommend to include is the ability to update the policy upon written notice to the other party. If they choose not to object, the new policy would go in place. If they choose to object, you get together and sort it out…. Read More

ADA and the Internet: ADA Settlements – Third-Party Solutions and WCAG Carve-Outs

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This is the fourth installment in our ADA and the Internet Series Third Party Solutions Third party services and content are often carved out in agreements to allow for time to evaluate new and alternative solutions. We have also seen ads and non-functional components of websites be carved out for similar reasons. A reasonable commitment for most parties is that when evaluating, purchasing, or renewing third party solutions, accessibility will be evaluated as part of the process. One way to ensure delivery of accessible solutions by third-party providers is to revise your new contract language reflecting your organization’s policy on… Read More

ADA and the Internet: ADA Settlements – Fitting Accessibility Compliance into Your Product Lifecycle

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This is the third installment in our ADA and the Internet Series If your organization is involved in web-related ADA litigation, one of the most important things your legal counsel can do is fight for a realistic accessibility compliance timeline. We have seen settlements with timelines in the 1-2 year range. In our experience, trying to get a system into a high level of compliance with WCAG 2.0 AA standards in anything less than two years is exceptionally difficult. Our general recommendation would be a five-year remediation period as that allows for the best cost efficiency and quality while still… Read More

ADA and the Internet: So You Got a Demand Letter…Now What?

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A number of our clients have received demand letters from ADA plaintiff’s attorneys. As there seems to be a great bit of confusion behind these letters, I’d like to share a few notes to clear things up. First, take a deep breath. The vast majority of demand letters we have seen are boilerplate letters that are based principally on automatic test results and are little informed by expert testing. You may not have much—if anything—to worry about in terms of remediating your website. Next, don’t call us. Don’t call any technical expert in the digital accessibility space. Instead, contact your… Read More

ADA and the Internet: Where Things Stand

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With demand letters and litigation increasing, we are often asked about the current legal situation when it comes to the ADA and the Internet. Here is a quick summary of the legal status for digital accessibility, enforcement of the ADA when it applies to websites, and the regulatory status as it pertains to updating the ADA to specifically include requirements for the Internet. ADA Legal Status for Digital Accessibility There are no specific published technical requirements that define how the ADA is applied to the Internet. But this doesn’t mean that you can’t be sued under the ADA if your… Read More

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