Quick Reference Regulatory Alert: Website Accessibility Lawsuits

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Please note, the information outlined below is not intended to serve as legal advice. It simply provides an outline of the issue and the situation at hand. In the event you are faced with this issue, we urge and encourage you to consult your attorney or legal counsel. 

WEBSITE ACCESSIBILITY LAWSUITS

Please be aware, recently, the association has been alerted to lawsuits being filed against apartment communities and apartment industry-related businesses in our market relating to website accessibility.

Company websites are being targeted for what is commonly referred to as “surf-by” lawsuits. These lawsuits claim that websites violate the Americans with Disabilities Act (ADA) because they are inaccessible for people who are blind or visually impaired. Generally, the lawsuits seek court-ordered remediation of the websites, attorneys’ fees, and monetary compensation. 

AAGO members should review their websites to ensure compliance with ADA requirements to avoid being targeted. To that end, FAA and NAA have compiled the following list of resources to assist in complying with ADA requirements on website accessibility:

What steps can you take to avoid liability?

  1. Review NAA's ADA Website Accessibility Litigation Memo.
  2. Consult your website provider to see if they have the ability to identify ADA compliance issues.
  3. If needed, obtain a digital accessibility consultant to perform an audit of your website to ensure the content and coding complies with ADA requirements. The results of this audit may require you to make various changes to your website to ensure compliance.