BROKERS FACE WEBSITE ACCESSIBILITY LAWSUITS ACROSS CALIFORNIA
A rash of website accessibility lawsuits have been filed across the state with real estate brokerages named as the defendants. The legal claim underlying such suits is that a business’ website is not accessible to those with disabilities in violation of the federal American with Disabilities Act (ADA) and California’s Unruh Act.
What is website accessibility? Website accessibility means that a site is set up to enable persons with impairments or disabilities to use the site. For example, a visually impaired person may employ a “screen reader” (which vocalizes text) to navigate and interact with a site. But a screen reader is only effective if the site can be read by screen reading software. Mind you, website accessibility is not limited to assisting those with visual impairments, but also allows those with auditory, cognitive, neurological, physical, and speech impairments to engage effectively with the site.
What is the likelihood of being sued for non-compliance and what amount of money can be claimed in damages in these types of lawsuits? The likelihood of being sued increases by the day. Certain plaintiffs’ firms reportedly have automated systems that scour the internet for non-compliant sites and send out automated demand letters. Many real estate firms, large and small, have already received such demand letters. In some cases, the demand letters have been followed up with a lawsuit being filed against the brokerage or the individual agent.
In terms of damages, a lawsuit will always demand compliance with the Web Content Accessibility Guidelines standards, which may be quite expensive in and of itself. Next, although the ADA itself does not award damages, California does: the Unruh Act provides for statutory damages of $4,000 for “each offense.” Plaintiffs’ attorneys are incentivized to bring these suits because both the ADA and the Unruh Act permit a plaintiff to claim attorneys’ fees. Although the total damages are limited, attorney fees are awarded by the court. It is often the intent of the plaintiffs filing these “nuisance suits,” to settle the claim for as much money and as little work as possible.
I’m looking for practical advice on how to make my website more accessible. Do you have a Quick Guide for this purpose or any other information?
Yes. C.A.R. has just created a new Quick Guide entitled, “Website Accessibility: Practical steps you can take right now to make your website more accessible.” This new Quick Guide provides a starting point for understanding these complex issues as well as offering a host of practical advice for getting your website up to speed. You’ll also want to listen to C.A.R.’s webinar “Website Accessibility: Compliance and Beyond.” It’s only 35 minutes in length, and it is presented by CAR’s tech savant and Chief Technology and Innovation Officer, Josh Sharfman, and Assistant General Counsel, Brian Manson. Finally, we have revised our previous Quick Guide “Website Accessibility and ADA Compliance” which is more focused on the legal aspects of website accessibility.