How to Address Threatening ADA Legal Demand Settlement Letters
ADA Title III violations can results in civil penalties up to $110,000! If you receive a legal demand letter, take the steps below to address the problem.
1. Talk with legal counsel. Contact BankSITE®.
With your legal counsel, reach out to BankSITE® Services, and ask about our partnership with AudioEye, Inc. We work with digital accessibility solutions that comply with ADA rules.
2. Reduce your exposure. Implement the ADA accessibility module on your website.
BankSITE’s partnership with AudioEye provides you with an ADA accessibility module for your bank’s website. Once deployed by BankSITE® Services, it begins fixing accessibility issues on your bank’s website immediately. After implementation, AudioEye engineers will begin testing your bank’s website, identifying accessibility issues, remediating issues, and validating that issues have been thoroughly resolved with the goal of working towards compliance with Web Content Accessibility Guidelines (WCAG) 2.0, Level AA.
3. Respond to the demand letter. Outline your accessibility efforts.
Once the ADA accessibility module is implemented and begins fixing your bank’s website, you will need to respond to the demand letter explaining your accessibility strategy. With your legal counsel, craft a response to address these critical points:
1. You are designing and developing your bank’s website with digital inclusion in mind;
2. You are striving to conform to WCAG 2.0 Level AA Guidelines;
3. You are leveraging AudioEye, Inc., a third-party web accessibility company with certified professionals and accessibility-experienced assistive technology testers, many of whom are individuals with disabilities; and
4. You are meeting the demands outlined by the plaintiff in the demand letter.
In addition to detailing the steps you are taking to address the plaintiff’s demands, your response should outline your goals to establish a long-term strategy for ensuring the equitable use of your digital assets and an optimal user experience for all users, regardless of their individual abilities.
These steps will help you respond to a legal demand letter claiming ADA Title III violations. If you have not already received a demand letter, be proactive to prevent future litigation. The websites BankSITE® Services creates and hosts for financial institutions with our proactive ADA accessibility module minimizes the risk of accessibility litigation against your financial institution and protects your public image. For more information, please contact us today.