Category: Accessibility Law

Small Businesses Can’t Afford Website Accessibility ADA Lawsuits

Posted by Kim Krause Berg cre8pc    Updated
Published under: Accessibility, Accessibility Law, Blog, Kim's Notes

An ADA accessibility lawsuit for a website can be the kiss of death for a small online business, or startup. Accessibility advocates try to educate anyone considering owning a website for their business, but the reality is that most view accessibility as too expensive to implement, or is taken care of automatically by their theme, host, plugin, or widget. It’s a shock when they learn their website may be legally required to meet accessibility compliance. Most countries address equal rights…
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Avoid Financial Penalties for Not Complying with California’s California Consumer Privacy Act

Posted by Kim Krause Berg cre8pc    Updated
Published under: Accessibility, Accessibility Law

As of July 1, 2020, California’s CCPA (California Consumer Privacy Act) will require that privacy policies and other notices meet WCAG2.1 accessibility compliance or risk being fined. If your company is based in, or does business with California, your privacy policy and any online notice must be accessible. This includes making sure an alternative format such as a PDF is accessible.  If your company collects personal information online, this must be stated in a way that’s accessible. The only way…
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Do I Need an Accessibility Statement?

Posted by Kim Krause Berg cre8pc    Updated
Published under: Accessibility, Accessibility Law

If you own a website that you want people to use, the answer is yes. All websites are expected to be usable and accessible. If you have heard about adding an official Accessibility Statement to your website it is important to understand what it is for. An accessibility statement does not prevent you or your business from receiving an ADA website accessibility lawsuit, demand letter or letter of complaint. It is not a legal document. It is not binding. Reference:…
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Kim’s Notes June 10

Posted by Kim Krause Berg cre8pc    Updated
Published under: Accessibility Law, Kim's Notes

“Courts across the nation are split on what it means for a website to be considered a place of public accommodation under the ADA. The Ninth Circuit, discussed above, finds that the ADA applies to websites if there is a “nexus” between the website and the company’s “physical space” open to the public. For example, in Earll v. eBay Inc., the Ninth Circuit concluded that eBay is not subject to the ADA because its services are not connected to any “actual physical…
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