WASHINGTON–Nineteen state Attorneys General have sent a letter to the Department of Justice asking it to clarify the Americans with Disabilities Act (ADA) with respect to websites.
“When it comes to web accessibility standards, the ADA does not provide clear guidance to the public or regulated entities,” states the letter, a copy of which was obtained by CUToday.info. “This void in the law has led to unnecessary lawsuits in an effort to exploit the law’s ambiguity for financial gain with little or no corresponding benefit to consumers.”
Any clarification of ADA’s applicability to websites would be welcome news by credit unions, which have been hit by a wave of litigation and threats of litigation by a few law firms that have made lawsuits a cottage industry for themselves. Both credit union trade groups have been actively pressing both the Department of Justice, Congress and the administration to do something about the threats being made and the legal costs being incurred.
Indeed, the letter states, “Unfortunately, these lawsuits target a number of industries, including credit unions, community banks, retailers, and other small to large businesses, with questionable legal theories. In addition, law firms are sending demand letters asserting violations of the ADA based on alleged improper web accessibility. Given the uncertainly in the law, these businesses are often forced to pay the demand letter or settle the case. This drives up the cost of doing business, while providing no clear benefit to individuals the ADA is meant to protect.”
The letter goes on to say the ADA does not provide clear guidance regarding web accessibility, even as many businesses already provide high levels of website access to people with disabilities.
A 'Significant Split'
Yet even when taking multiple steps to provide access, the letter notes, “These steps do not protect from lawsuits or demand letters.” The letter goes on to state the lack of guidance has led to a “significant split” in the courts over the proper standards and even whether websites should be considered places of accommodation.
The state Attorneys General conclude by saying the DoJ is the property agency with legal authority to provide clarity, and ask the Department to issue a “proposed rule to provide exact standards for web accessibility.”
The letter was signed by Attorneys General from Alaska, Arkansas, Colorado, the District of Columbia, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Montana, Nebraska, Nevada, North Dakota, South Carolina, Tennessee, Texas, Utah and Wisconsin.