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Concerned About ADA?
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You've probably heard that ADA compliance is an increasingly important concern for real estate brands. That's why Agenta has partnered with UserWay to ensure ADA compliance, legal protection and increased user engagement.
What Is ADA?
Broadly speaking, the Americans with Disabilities Act (ADA), passed in 1990, is an important piece of legislation that protects people with disabilities from barriers to physical and digital access. Essentially, the law helps to ensure that anyone with a disability will receive the same opportunities that an individual without a disability has. This applies to the public sector and some parts of the private sector.
In practice, the ADA is a collection of standards that define how businesses are required to facilitate accessiblity for disabled persons. ADA standards are measured on a sliding scale, and there are 3 levels of compliance (A, AA, AAA). In context of a website, your website needs to adhere to these standards in order to achieve each level of compliance.
You can read more about ADA compliance as it pertains to websites here.
What Does ADA Mean For My Website?
In 2018, the US Department of Justice stated that websites are considered places of public accommodation and should comply with the ADA Title III. US courts refer to Web Content Accessibility Guidelines (“WCAG”) 2.1 AA as the accessibility standard.
Why Is ADA Compliance Important?
Well, first of all, because it’s right and fair. It demonstrates a commitment to inclusion. It’s also wise to take steps that reduce exposure for your real estate business. ADA compliance has become a significant area of concern in the real estate industry. With legal complaints against individual REALTORS® increasing, particularly in certain states, it's more important than ever to take steps towards ADA compliance and accessibility.
Why Is ADA Compliance Challenging?
Making a website ADA compliant is extremely complicated and can be prohibitively expensive. In fact, professional audits by a reputable specialist, which provide the only real way to know how compliant your website is, typcially start in the thousands. To make matters worse, litigation filed in recent years seems to suggest a moving target as many aspects of the law remain unsettled.
What’s The Solution?
Agenta has partnered with UserWay to improve ADA compliance, legal protection and increased user engagement. This advanced accessibility solution intelligently enhances your website to accelerate WCAG & ADA compliance. While there are free widgets that claim to make your website compliant, they typically only scratch the surface of providing adequate protection, making a more robust solution even more important.
5 Reasons To Get The AI Solution Today
- Reduce your business’ exposure to accessibility-related litigation.
- Reduce your tax liability by claiming a 50% Disabled Access Credit.
- Boost your Google search ranking by enhancing SEO.
- Set your website apart and showcase your commitment to inclusion.
- Increase engagement and create more opportunities for more clients.
Can I still get sued?
It’s important to note that ADA is a collection of standards, and there is no official “stamp of approval” that protects you from litigation. A lawsuit could be filed against a business at any time, even if your website is in fact fully AAA compliant.
While Agenta cannot offer legal advice, demonstrating a focused effort at achieving compliance is an important first step in preventing potential litigation.
What Should I Do
If I Receive A Complaint?
Do not respond to the request immediately. First, contact your broker or compliance officer to advise on next steps. Next, contact UserWay to enroll in the Complaints and Demand Letter (CDL) Program. UserWay will provide an assessment of claim validity and advise the best course of action. In many cases, prompt invocation of the CDL Program can moot or render most claims, causing most complainants to withdraw their complaint without further action.