How can being proactive save/make me money?

Cash on Keyboard

Lawyer’s fees, court costs, fines, and settlement costs are extremely expensive. We can help you avoid these costs with implementation of a website mitigation plan. While simultaneously opening a new revenue source of disabled individuals who otherwise may be unable to use your website.

Jim Butler wrote:

My partner Marty Orlick, who heads JMBM's ADA compliance and defense team, has defended more than 500 ADA claims all over the country. Marty warns that we may be about to see a tidal wave of Cyber Accessibility claims.

Why could there be a big slug of these ADA lawsuits over websites? Marty says that there are several reasons:

 
  1. First, these lawsuits will be very easy for plaintiffs to work up. The plaintiffs do not need any site inspection, experts or research. They can just surf the web from the convenience of their homes or offices. Marty says the "surf by" complaints could dwarf the "drive by" ADA lawsuits that looked for missing accessible parking spaces and other readily visible shortcomings.
  2. Second, some owners and operators have not been paying enough attention to this issue. They have had their attention elsewhere, such as on operating fundamentals, labor costs and ADA pool lift requirements.
  3. Both the DOJ and private plaintiffs have had tremendous success with website accessibility lawsuits under the ADA (see the discussion below and related articles about the Hilton International consent decree and the Charles Schwab class action case), and they are growing impatient for compliance.
  4. In addition, a lack of clear industry standards and misinformed marketing staff have lulled some into thinking they are already in compliance when that is not so.
  5. Finally, some owners and operators have not recognized ADA compliance for the high priority it demands. They have not appreciated how costly ADA litigation and defense can be, and how compliance is so much cheaper than defense.
The landscape of disabled access litigation related to online services has significantly changed and expanded over the past decade. Initially, the internet was an area of little concern as courts uniformly held that the ADA applied to "brick and mortar" facilities, not to cyberspace. This has changed and online accessibility is presently, and will continue to be, an area of significant investigation and litigation.