Santa Cruz Businesses Attacked by Carpetbaggers
This article is a composite from confidential discussions with Santa Cruz business who have been targeted, and credit to AAAtraq Shopify article.
Let’s call them what they are
We call them carpetbaggers, ambulance chasers, dirtbags, scumbags, other words not appropriate for publication. They are people who could not make it as a public defender, a legitimate corporate contributor, who can’t find a dignified purpose, so they prey on businesses and people who can’t afford to pay for defense.
Recently, a number of Santa Cruz businesses using Shopify have been targeted by a NY law firm for Americans with Disabilities Act (ADA) compliance. Their tactic is to alert the business that they represent a “client” who is suing because they are unable to access the business’ web site. Next, legal filings to sue for damages for amounts that they deem appropriate for the size of the business: the larger your business, the larger the amount. As the weeks go by, and the legal filing paperwork stacks up, the firm will eventually ask you to settle out of court for less - perhaps 50% less. This is extortion.
The requirement for websites to comply with the ADA is not going away. Organizations that ignore this are likely to face litigation, negative public opinion, and much higher costs than those that take immediate action. In the same way that we expect buildings to accommodate people living with disabilities, inclusivity for all is expected online.
Due to lucrative rewards and the ease of demonstrating non-compliance, litigation is growing exponentially across all sectors – and with considerable expansion in e- commerce platforms, such as Shopify, organizations must start dealing with compliance in this well-established sector.
Compounding the problem is a false sense of security who rightly believe the software publisher e.g., Shopify should be responsible, not the consumer.
“The access rights at issue in these cases are important. Federal law puts them on par with other civil rights, such as the right to be free of discrimination based on one's age, race or gender. While bad actors can take advantage of the laws, especially because there is no "safe harbor" provision for unknowing violators, it is important to remember that the rights of the disabled to access digital storefronts online is no different than their rights to access brick and mortar locations, which is why the penalties for violation are severe. Businesses need to be proactive in assuring compliance. It is a shame that Shopify offers a platform that ignores disability access and sets up its customers for liability." Caleb Baskin of BASKIN+FOWLER
Most sites fail
In a study of 100 sites by AAAtraq, 96% of the sites failed to be inclusive. The stark reality is that more than 9 out of 10 websites are at risk and vulnerable to litigation from serial plaintiffs.
The INDEX is made up of 100 Shopify websites (looking at their primary website) and took no more than an hour to build. It really is very easy to identify vulnerabilities, which is why the plaintiff lawyers are targeting this sector, worse there is limited if any defense either; with the prospect of a futile and expensive legal fight, most claims are settled.
Even those organizations that show as ‘low-risk’ cannot afford to be complacent. The results are based on an audit of the homepage of the organization’s main website. With a more in-depth audit, it’s highly likely that failures could be identified on every website.
It takes 1 minute to identify vulnerabilities, and under 30 minutes to issue a demand.
Help Is At Hand
All too often, for far too many, the arrival of a demand notice is the first indication as to the importance of not discriminating online. Unfortunately, the clock is ticking by then and costs are starting to build.
Assess the Risk yourself, you can do this in 60 seconds (and it’s free) at AAAtraq.com
Technical assistance - connect with Santa Cruz IT company Cloudbrigade
Check to see if your present law firm has specific expertise in this area. In Santa Cruz, start with Caleb Baskin.
If they don’t, you would be better served to use a specialist for this type of work, https://theinternetisforeveryone.com/contact
Sign up to AAAtraq – it doesn’t cover you for this initial case, but you are at least covered for the future.