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Preventing ADA Drive-by Lawsuits

January 29, 2024

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The Americans with Disabilities Act (ADA) was enacted in 1990 with the noble goal of ensuring equal access and opportunities for individuals with disabilities. While the ADA has undoubtedly improved accessibility across various domains, it has also given rise to a phenomenon known as “ADA drive-by lawsuits.” These lawsuits are often filed with the primary intention of financial gain rather than addressing legitimate accessibility concerns. In this article, we will explore what ADA drive-by lawsuits are, their impact on businesses, and most importantly, how businesses can prevent becoming targets of such legal actions. Luckily, you have come to the right place we specialize in preventing these lawsuits with our latest technology that we will implement on your website and this will monitor and make your website compliant instantly.

Understanding ADA Drive-By Lawsuits:

ADA drive-by lawsuits typically involve individuals or entities filing lawsuits against businesses for alleged ADA violations without prior notification or attempts to resolve the issues amicably. In many cases, these lawsuits are initiated with the sole purpose of extracting settlements from businesses, rather than promoting genuine accessibility improvements.

Impact on Businesses:

The impact of ADA drive-by lawsuits on businesses can be significant. Apart from the financial burden of settlements, businesses may suffer reputational damage and face operational disruptions. Moreover, these lawsuits divert resources away from addressing actual accessibility concerns, hindering the ADA’s original purpose.

Preventing ADA Drive-By Lawsuits:

  1. Proactive Accessibility Assessments: Conduct regular accessibility assessments of your physical and digital spaces. Identify and address potential barriers to access for individuals with disabilities. Proactively addressing accessibility concerns can prevent legal action.
  2. Employee Training: Our experts here at OMA Ccmp can train your employees to recognize and address accessibility issues. This includes educating staff on ADA requirements and fostering a culture prioritizing inclusivity. Frontline employees are often the first to encounter customers, making their awareness crucial.
  3. Engage Accessibility Experts: Contact OMA Comp for an ADA website consultation to ensure compliance. Our professionals can provide valuable insights and help businesses implement effective accessibility measures.
  4. Clear Communication: Establish open lines of communication with customers and the community. Encourage individuals to report accessibility concerns directly to the business, providing an opportunity to address issues before legal action is considered.
  5. Digital Accessibility: Ensure your digital platforms, including websites and mobile apps, comply with ADA standards for web accessibility with our special software designed to make your website compliant on installation. Many drive-by lawsuits target online accessibility issues, making it crucial for businesses to prioritize digital inclusion.
  6. Document Compliance Efforts: Maintain thorough documentation of your accessibility compliance efforts. This documentation can serve as evidence of your commitment to accessibility, which may be beneficial in the event of legal challenges.
  7. Legal Counsel: Consult with legal professionals knowledgeable about ADA regulations. Legal advice can help businesses understand their obligations, navigate potential pitfalls, and develop strategies to mitigate legal risks.

Conclusion:

Preventing ADA drive-by lawsuits requires a proactive and comprehensive approach. By prioritizing accessibility, fostering a culture of inclusivity, and staying informed about ADA regulations, businesses can reduce the likelihood of becoming targets for opportunistic legal actions. Ultimately, businesses should view ADA compliance not just as a legal obligation but as an essential component of creating an accessible and inclusive environment for all. Contact us today at (248) 616-3057 or visit our website www.omacomp.com to see how we can help make your website ADA-compliant today. Don’t wait a lawsuit could occur at any moment and we want to make sure your website and business are running as smoothly as possible!

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318 Woodlawn Avenue
Royal Oak, MI 48073-2615

Phone: 248-616-3057
Fax: 248-232-0075

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