Want to lose an easily avoidable lawsuit? Ignore this blog post. post thumbnail

I bet that got your attention huh?

Normally I can’t stand fear-based advertising. It shows you don’t believe in yourself or your product, but I had to write this to get your attention. Honestly, this really is important. Get a beer, coffee, tea, cig, sit down and take a few minutes to read this. When you finish, you will be glad you did.

My Team, and I always make sure we keep up to date with the latest things on the internet like the ever-changing rules of Google and Facebook Ads. It’s a part of the job so we can make sure we’re giving the best possible service to current and future clients.

One thing I have noticed lately and NEED TO BRING TO EVERYONE’S ATTENTION is the growing number of lawsuits for websites that are not ADA compliant.

Do you see what I mean now by taking some time to read this?

What’s the ADA? It’s a civil rights act created by retired Representative Tom Harkin(D) and signed into law by President Bush Senior on July 26, 1990. You can read about it on Wikipedia when you click here. The short explanation of the act is the ADA requires places like businesses and housing complexes to be accessible to people with disabilities. For example, make a ramp for someone who has a wheelchair.

What does this have to do with websites?

According to an L.A. Times article back in 2018, as early as 2009, the act was cited in lawsuits that targeted the websites of businesses and Universities, saying the online portals must be just as accessible to disabled people as the buildings that house businesses and schools.

These are mainly suits by people who are visually impaired. ???????????

Another thing the article mentions is how business owners that get sued do not get the opportunity to fix their websites. They just get fined. Not cool.

Notable company websites sued for not being ADA compliant and their industry.

Click here to read about Beyonce’s website. QUEEN BEE, SAY IT AIN’T SO! – Entertainment

Click here to read about Winn-Dixie – Retail Grocery Store

Click here to read about Domino’s – Pizza Joint

Click here to read about Burger King – Fast Food

Click here to read about Nike – Retail / Fashion

Click here to Read about Blue Apron – Food / E-Commerce

Click here to read about Harvard and M.I.T. – Notable Universities

Numbers don’t lie folks. Thanks to Usablenet for the graphs since I can barely draw a square with MS Paint.

ADA Graph Image

As you can see the number of lawsuits EXPLODED between 2017 and 2018. It went down a bit in 2019, but New York and Florida have been taking the brunt of this lately.

ADA graph image

These suits in the above graph were filed in 2019. It would be interesting to see what happens with online websites like Amazon, or even the small business online stores. With lockdown everywhere in the world, online store sales are probably going up.

What’s your take on it Matt?

Why thanks for asking! I will be happy to tell you my opinion.

I think we’ve all met at least one person who was disabled. I was friends with many in College like a blind dude, a quadriplegic, and a few people in wheelchairs. It makes me uncomfortable calling them “disabled” because they just want to live their lives are regular dudes and regular chicks. Just a regular dignified normal life like anyone else wants.

Why would they file these silly lawsuits though? It’s hard to say, but it’s not my place to judge either.

Here’s my perspective though. This is just an opinion and I’m not judging anyone.

On my 42nd birthday, I was diagnosed with advanced-stage prostate cancer. At FORTY-TWO. I’m not looking for people to feel sorry for me, although I do welcome your prayers and sympathy.

Please don’t worry about me. I feel GREAT. I take hormone medicine to keep cancer at bay, so I’m just living a normal life like anyone else. I’m very fortunate my cancer is not aggressive. I actually joke and call it passive-aggressive.

That’s why if someone comes up to me and says, “Hey Matt. I could get you an easy 50K from suing xyz place on a technicality because you have Prostate Cancer. Are you interested?” Here is what I would say……

Get .

Uhhhhhhhhhhhhhhh……… NOOOOOOOOOOOOoooooooooooo……………

Don’t get me wrong, a 50K payout is life-changing. The problem is I would feel like I sacrificed my integrity and self-respect, but that’s just me.

There are other people who have cancer that aren’t as fortunate. Some people have cancer that is aggressive and they are desperate not to die. So if someone came up to them and say that they could get an easy 50K by suing someone, they would jump on it in a heartbeat.

That is how I look at it with the ADA lawsuits. We just don’t know what’s going on and where some people are in their lives and we don’t truly know the reason behind their motive.

Gee-Matt, I-am-so-nervous-about-an-ADA-non-compliance-lawsuit. Is-there-something-you-can-do-to-stop-me-from-being-served? LA LA LA

not-impressed-face

What a coincidence! Lucky for you I can!

Have you noticed this little dude in the wheelchair following you down as you’re reading this?

wheelchair icon

He is going to be your new best fiend.

If you click on him you’ll get this.

ADA settings

What is this? This is a widget I can put on your website to make it more ADA complaint. These are specifically for people with some sort of visual impairment.

There are no formal government standards for private businesses to follow so their websites comply with the ADA, although a group of internet webheads created guidelines, known as the Web Content Accessibility Guidelines, to make websites easier to access for disabled people. Government websites already follow those guidelines, but private business websites, which are typically loaded with images and video, are harder to change to meet the guidelines, experts say.

I agree with the experts because I think you guys are putting too many funny pictures on your website to make people laugh.

ironman rolls eyes

Seriously though. This widget can be a lifesaver. Feel free to play around with it on my site.

Is my website ADA compliant?

Click here to go to my contact form and I can do a free scan to show you were your issues are. I guarantee you though, your website does have issues, but I would be happy to do it anyway.

I can do a scan of the ADA compliance issues you have on your website. I guarantee you that you have them.

You can take a look at my company website problems.
Click here to download my .pdf to show the results before I got the widget.

Click here for the scan of my website after.

Okay, time for the brass tacks. How much is it going to cost? It’s going to be $497/year, or $47/month. Up to you. 🙂

Here are some important points to consider:

1) If it sounds expensive, try googling how much it costs to be ADA compliant. The lowest I have seen is $2500. I will be happy to price match if you can find someone offering a service with a price lower than mine.

2) This widget that I will put on your website isn’t a one-and-done, like posting a funny picture. It’s a script and I have a control panel for it. The coding is constantly updated to keep up with the never-ending internet updates.

3) If you look at Beyonce’s lawsuit, she was sued for her picture alt tags. For now, the widget doesn’t fix this. It’s something you should be doing anyway on your photos. If you want me to take the time filling them in, let me know and I’ll give you a quote of how much I’m going to charge.

4) If you’ve researched this online you will see being ADA compliant will help with Search Engine Optimization (SEO) on Google. Will this widget help you rank better on Google? Honestly, I don’t know. What I do know is this will be a good way to promote yourself to say that you are accommodating the visually impaired.

5) If you are a super researcher like me and put my website into a scanner to see if it is ADA compliant, you will see that it is not even though I have the widget on my site. The reason why that happens is that nothing is activated unless you click on the widget. For example, I could take a picture of my room at night with the lights off and say there is no electricity……. when all I need to do is flip the light switch.

6) Legal Disclaimer: I am not an attorney, nor do I play one on TV, or YouTube.

Am I offering legal protection? No. Can you anyone for anything? Yes, and that is not a joke.

I still think you will still be okay and here is why.

You have played with the widget by now, right? You can see how it covers everything for visually impaired people with colors, text to speech, changing the sizes of things blah blah blah. It looks like everything is covered, right?

People that really mean business don’t file lawsuits willy nilly. None of the ones I listed were out of the blue. They do their research first. If they see how you’re accommodating people with the widget but they decide to file suit against you anyway because of tiny pieces of coding that might not be there, do you think WESH, WTFV, News13, News6, Orlando Sentinal, Daytona Beach news journal (Central Florida News for non-Floridians) would LOVE to broadcast that story? I think the news would jump all over that one.

That is why I think you will be safe. The backlash that would happen would most likely make the person and or law firm back off.

Do you want this for free?

Absolutely. There are two ways to do that.

First: You get it for free if you pay for a premium $27/month listing on one of my websites Bad Ass Daytona Restaurants, and other listing sites (for all businesses, not just restaurants) coming soon in Daytona Beach, Flagler County, and Broward County (Click here if you want to get notified when these websites are up and ready to go. Just tell me which one you want to be notified for, and I’ll put you on the list).

The Premium member ship is $27/month, no contract.

Want to get this another way? Be my client. On the front of this website I say, “My business won’t grow unless yours grows.” I stand behind that. I mainly focus on local businesses, and my main priority is taking care of my clients. I don’t want to earn a living selling the security widget. I want to earn a living by making your business grow, and I can do that.

If you’re not local around Palm Coast, Daytona Beach, or Broward County, I can still help you achieve your goals. Just send me a message telling me what you do and let’s see if we’re a good fit. You can be anywhere in the English speaking world and I can help you out. Try me out just for a month to see what I can do for your business, and we’re not a good fit, that’s fine. You get a free year just for trying my marketing out and then I will charge you the next year if you want to continue having the widget on your site.

I might have some entrepreneurs with online stores reading this. That’s not something I market for but let’s have a conversation click here to go to my contact page I think I can take care of helping your business grow in other ways.

If you’re still wondering if the price is worth it, think about it this way. Are you going to get sued for having a website that’s not ADA compliant? I will be honest. There is probably a low chance of that.

Do you know what else had a low chance of happening? Me getting Prostate Cancer… at 42. Would it have been a good idea to invest in my health for protection? Yes.

Don’t you think you could say the same thing for your business?

If you’re a restaurant owner or manager, join badassdaytonarestaurants.com. It’s $27/month for premium listings and you get the ADA compliant widget, or if you want a free listing, that is fine too. No pressure.

Coming soon
Bad Ass Beach Side Deals (Daytona, Ormond, Port Orange, Edgewater, New Symerna)
Bad Ass Broward County Deals
Bad Ass Palm Coast Deals
Click here to send me a message to get notified when they go live.

Do you own an online store and you’re interested in this service? Click here and let’s talk.



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