December 7, 2023
 
 
Question:

Jennifer,

I received a letter from a visually impaired person claiming my website is not ADA accessible, and asking me to reimburse them for a lawyer's fee for their legal consult. Do I have to take any action or throw this shake-down out? 

Thanks, 
Dr. R

Answer:

So, yes, ADA compliance for a website is a real legal necessity.   Yes, the Federal laws do give a private right of action to disabled individuals not able to "access" your website, for any number of reasons.   I cannot advise you to throw the letter out.  Time to take action.  The statutes creating ADA website compliance requirements also create liability for non compliance. To avoid additional cost related to litigation, take heed to the extortion threats of website non compliance, and use as a wake up call to confirm compliance, and consider Cyber insurance.  We have asked around to the medical and dental societies we work with and have received a few company and vendor recommendations for the technical solutions needed.  See below - 

ADA Accessibility Recommended Product Solutions –

  1. https://userway.org/
  2. https://www.deque.com/ 
  3. https://accessibe.com/

Recommended Vendor by the New York State Ophthalmological Society
https://www.glacial.com/
Michael Dobkowski
Glacial Multimedia
 (207) 878-5900
info@glacial.com
Michael’s blog post on ADA compliance - https://www.glacial.com/make-a-website-ada-compliant/  (worth the 4 minute read).

(please note our firm is not affiliated with any of the above, and we are also not a client of any of the above so we cannot offer any feedback, nor are we providing a direct endorsement).

Going back to insurance....Cyber insurance is a bit of a quagmire in itself because depending on the policy, you may not have key coverage areas.   Be sure to spend the time pressing your broker you will be covered for HIPAA related exposures, as well as ADA, along with ransomware and anything else they can come up with...Try to keep the deductible at a reasonable level so you would actually avail yourself of insurance coverage. 

Heading over to web designer commentary for a tangent - Please Please Please show us your web designer contract BEFORE you sign.  Wouldn't it be nice for me to answer you that your web designer is on the hook for non compliance?  I can only do that if we contract for that accountability in your initial vendor contract.... 

If you do receive a letter or lawsuit, do not hesitate to report it to us (your attorney) / insurance immediately.  Time is of the essence with all filings.