Is your site ADA Title III Compliant and Does It Have To Be?
Hi Everyone...
This is another short post so no need for the words, time, or coffee requirement data I normally add to my posts these days!
I have been getting tons of marketers sending me mails on the latest issue they have drummed up to get me to buy something that I may or may not need.
It involves the laws and accessibility of websites for people with disabilities. It gets a bit complicated, but essentially it comes down to this:
There are different laws in different areas of the world, but many countries and regions (i.e. the EU) have accessibility rules that require you to provide means for everyone to be able to access your content.
In the US, the laws come up under the ADA Title II and III (for us) plus there are a number of other guidelines that are to be found at the national and state level.
Should we care?
---
Here are some statistics that raise eyebrows:
"In 2017, 7,663 ADA Title III lawsuits were filed in Federal Court, 1,062 more than 2016. Compare that with 2013, when there were only 2,722 cases.
Of those filed in 2017, a small number were for websites. Although one law firm projected a 30 percent increase in website accessibility cases for 2018, Usable dot net tracked 2,285 website lawsuits — up 181 percent over 2017."
(Courtesy of Kim Krause Berg, blog post dated 9 Jan 2019 at SearchEngineJournal...)
Of course we should care in that we want to offer what we have to all people as much as possible, no matter if they have a disabiity.
There are some problems however...
There is no single standard at the moment across the board and the standards that are out there are not clear either. There are conflicting rules and depending on the state you may have some rules that are entirely different than in another state.
All this confusion brings up the question: Do we as small business owners (affiliate marketers) have to comply with these standards and if so, how do we do that?
---
What Is Happening Now With ADA Title III Compliance Enforcement?
Let's look at what is going on over in the USA regarding this subject and problem:
The lawyers are having a field day, bringing lawsuits (and winning them) against many of the big players like Target, Amazon, etc. and the companies are paying lots of money to get things right (in the millions).
Just as with other opportunities such as the tobacco company lawsuits, the lawyers are smelling money. This ADA Title III is an area ripe for picking and it seems, in spite of the fact that there are no standard rules, indeed the lawyers are going to pick...
What areas may be next for these digital ambulance chasers?
Other areas ripe for sticking are hotels, the travel industry, online healthcare, all sorts of financial institutions, and even educational facilities that have websites. Things like online courses, any mobile apps, and even progressive apps can very well be next too.
My guess is that we may have to be concerned about this too, although at the moment you likely can get away with a statement in your terms and conditions (there is even controversy whether or not to do that).
It does bring up the question...
Should you spend money on a plugin that will cover you (maybe) for this potential liability as a small business owner with a website promoting products and services?
Because there is so much confusion, I would say at the moment you do not need to spend any money. The ambulance chasers are only outshone by the marketers out there that want you to buy the next thing that will put money in their pockets...
Much like their counterparts the ambulance chasers, these marketers really do not have your interests in mind, they are interested in selling something, anything, whether or not you need it. Unsavory, indeed...
Is there a free option to address this ADA Title III issue?
Yes...Do not spend money on the widget or plugin that the online marketers will try to sell you (probably with 6 upsells too)...
Here is an example of what you might see:
"Hi [insert gullible person's name]...
I am sure by now you know what ADA means. It’s the latest law from the government that mandates every single website online to be accessible for people with disabilities.
[This statement above is untrue, as there are a number of laws at the national and local levels out there and so far there is no enforceable single standard or requirement that all agree on at the moment]
You can’t blame them. Americans with disabilities deserve access. The only question is, you may not be ready today. You may not be ready to create all the features that ADA asks you to create.
- It’s hard work
- It requires a lot of technical know-how
- It may require a total revamp of your site.
If you don’t do that your business could attract strict penalties.
There should be an easier way out.
This is it!
(Use coupon code xxxxxxx to get $2 off)
This is xxxxxxx is a fresh website compliance plugin that works with all sites and automatically introduces features that makes websites 100% ADA compliant in a matter of seconds.
[100% compliant with what standard?]
It’s still on sale, you can get a big fat discount if you pick it up now. So don’t wait too long."
[FOMO turned on its head - get this or be ruined!]
There will be various versions of this hitting your inbox...
Don't fall for this!
There is a free plugin that you can install on your website called UserWay if you are concerned. Much like the GDPR requirements and the plugins that are available for free, this is a quick solution for the moment.
If you have any questions go to UserWay dot org for instructions and a video on how to set it up. Remember there is no single standard out there, and the lawyers are going after the big fish first, not you or me...
Easy, peasy, and free (has a nice ring to it yes?)...
Do not fall for the scare tactics that are flying around the email inboxes today or over the next week that have cookie cutter scripts telling you that you are going to get sued and lose your house and first born child. Not true.
---
Wrapping Up...
That was my tidbit for the day...
Note that I DO support making our websites as accessible as possible/practical for those with disabilities. I have several family members who would appreciate this as they live with disabilities every day and it is not easy...
What I do hope the laws bring about too is a new focus and more attention to the real problem as it definitely deserves to have. I want solutions to be discovered using the advanced technology we have today. If we can send a man to the moon (and we did that ages ago) we can certainly fix this!
Meanwhile...
Did you see what I did with that image above? "Wrapping up..." 'Tis the season, could not help myself, hehe! In fact, it is time to once again switch to my holiday image here (will do it immediately after publishing this blog! ; )
Anyway...
I also want to thank everyone for the outpouring of support and wishes on my last post. I am catching up slowly on that, one by one answering each comment, thought, and wish...
Because it is also the shopping season, I am quite engaged in selling stuff and have limited time here...Great to pop in though, as always...
By the way, what do you think about this latest thing to worry about? Have you had any experiences with the subject of ADA and Title III? What would you recommend? Let us know in the comment section below!
Take care all!
Cheers!
Dave : )
Recent Comments
40
Good Morning. So glad you are feeling better and better every day. 🙃
Thank you for sharing this with us. I am bookmarking this for later when I'm home. Great information to know.
I have yet to receive that kind of email. I will keep an eye out for them and delete them. 😃 Have a great and productive day.
That image reminded me, time to wrap my presents. 😆
Hi, Kelyee!
Thanks for popping through and adding in your thoughts! Yes, I am back at it full throttle at the moment - no rest for the weary hehe! Maybe next year (sound overdramatic until you realize that it is only a couple of weeks from now!)...
There are fixes needed for this major issue of accessibility but a plugin that puts a couple of statements on your website ain't it! It is a deceptive promotion tactic they are using...
Most certainly it is time to get those gifts wrapped, we are 1o days away from a sleepless night putting toys together the kids and grandkids have received from Santa!
Cheers!
Dave : )
Good Morning Dave,
Oh, boy, and you call this a tidbit? I call this a huge tough bone and that is before breakfast and coffee, in my case green tea.
I will have a look at that UserWay plugin and read what it does as I can not visualize what improvement it would create for disabled people. The idea is a good idea so I will dive into this issue.
I am sending you the link to my second post as this Gravatar has a long tail. Gravatar II, check your commenter Greetings from the south of Spain,
Taetske
Thank you, Dave, for always keeping us in the “know!” I’m going to check out UserWay, and see how it works. I agree with you that we need to make our sites as accessible and user friendly as possible to those with disabilities. After all, they live with this day in and day out. I really feel for them...
Blessings:)
Suzi
Wow ! Dave if that's a short post I would hate to see your long post ha ha 😜
Anyway surprising enough it was a quick read and interesting info.
One reason I never became a liar I mean a lawyer, most of them are heartless but I know a few that are good but only 2😜
I know many years ago I had a lawyer trying to sue me and I was a poor teenager and I had a few dollars in the bank so, I said go ahead and sue me but I don't have any money and that was the end of that.
So if you have money or own a house watch out.
Thanks for the info !
HaHa, Hi John...
Well, it started out as a short one, but as with many of my posts here and on my website, they tend to get longer with editing and the addition of more information...
I actually have a couple of lawyers in my circle of friends too, and they are great people. Lawyers get a bad rap sometimes, but it is no wonder. There are plenty of bad examples out there...
Sometimes I use the threat of bringing lawyers into a dispute just to make the other person aware of the seriousness of my approach to the problem.
Most people want to avoid the litigation thing if at all possible, and then there are some that refuse to be reasonable until you throw some lawyers into the mix (at too great a cost IMO, I might add)...
Your approach was a good one. You can't squeeze blood out of a turnip, is what my father used to say...Glad that worked out for you!
Cheers!
Dave : )
Yes I have added to posts many times, like I'am doing one right now 😎👌
Yes can't get blood out of a turnip is a new one for me but I think your father is smart man .
I've heard of out of a stone before
.
Well they never got any money from but I think I paid my lawyer less than $100.00 and he wrote a letter to the other lawyer to forgetaboutit ha ha .
My lawyer told me I hope you learned a lesson from this ha ha .
It's quite a funny story when I was going to college, if you pm me I will tell you the story😜
All the best !
See more comments
Hi Dave, great post. I'm totally blind and to answer the question: Should we care?
I'd say yes, simply because it is the morally right thing to do, to care for our fellow human beings.
However, as you stated it is complicated and there are no real laws to enforce, at least not in the U.S.
All the ADA does is mediate to ensure reasonable acommodations for the disable individuals. As you pointed out to comply fully is very costly, even without the existence of ruthless money makers.
The truth is the ideal is impossible despite our high technology world, because greed is at a much higher level. I think I can summarize the message of your post this way: " Care for all people and do your best to accommodate those with disabilities, but, do not let anyone take advantage of you with lies."
I have been blind for 22 years, and online in some fashion from the beginning when I learned to use assistive technology as part of my rehabilitation. To this day I haven't found any website I can navigate and enjoy as a sighted person would without any problems. It is just unreal. Having said that, I do appreciate every portal which has obviously been developed with accessibility in mind.
Blessings,
Edwin
Hi, Edwin...
I have a brother who is blind as well, and I know very well the challenges that you both have when it comes to online accessibility.
There are a bunch of people that totally agree that solutions need to be developed to the maximum degree that is possible. What I do not like is the scare tactics that are being used to sell something that is not going to do it.
From what I can see, it only adds in a statement similar to the GDPR statement and pages that we all use now. It does not help make sites more accessible to the blind or deaf people.
So the sales pitch and scare tactic for the masses are the lawsuits that have been brought against the big players online (and we all could be next so the line goes) and their claim that every website owner will be covered legally if they buy the plugin.
That is deceptive because it will not really solve the problem of accessibility. That is also preying on a segment of the population that really does need the help to get access as they deserve, and that includes you and my brother and many millions across the globe...
We should care for sure, and I do hope that the overall impression of my article is not that we should not care. We definitely need to. It is a matter of why haven't we fixed this up to now in my mind.
In this day of wondrous advances in technology, there are solutions that can be developed, tried, and provided to the masses if we put our money and our mind to it...
Thanks so much for sharing your story, and indeed you and several others have been kind in sharing them with us here. I am supportive and would pay a certain amount to get this fixed...
But I do not want to buy a plugin that really is not doing anything (and even the claim that you will be covered 100% against lawsuits using that plugin is frivolous...I think it is unethical to market that plugin as they are doing...
Cheers!
Dave : )