Lawsuits Targeting Auto Dealer Websites

A dealer client called me up today to inform me that two of their dealerships received lawsuits from an attorney representing a local car shopper. The lawsuit claims that the dealership's website failed to support features for consumers with disabilities. The lawsuit stems from Federal ADA laws. Of course the lawyer is looking for reimbursement of reasonable legal fees. Is your dealership next?

Here are some excerpts from the lawsuit:

* When Plaintiff tried to interact and engage the Defendant through its Website, he encountered a Website that was not designed with accessibility (for the disabled) in mind.

* Defendant?s Website is not designed with consideration for Universal design. Universal design is necessary so visually impaired individuals who use screen reader software can access the Website4.

* Furthermore, Defendant's Website does not have the sign of website accessibility.

* Defendant has not provided any other auxiliary aid or service which would assist Plaintiff (or other visually impaired customers) to meaningfully access and comprehend Defendant's inventory of new and used automobiles, to become pre-approved for an automobile loan, or to schedule automobile repair service, as this information (and service) is available to the public through Defendant's Website.

*Defendant's Website was inaccessible so Plaintiff could not purchase an automobile online. Neither could Plaintiff:

• learn about Defendant?s inventory of new and used automobiles,
• apply for an automobile loan and become pre-approved prior to coming to the dealership,
• schedule an on-line chat regarding automobiles for sale, and/or
• schedule automobile service or repair.

Check with Your Website Company Today

Every company creating dealership websites in the United States has their own response to the ADA laws. Some vendors clearly state that their websites are compliant. Others charge an additional fee, per month, to keep the website ADA compliant. Do you know if your website is ADA compliant?

For example, here is a document explaining CDK Global's response to ADA Compliance. Here is a document that explains Dealer.com's ADA Compliance statement.

Every dealer reading this article should get a letter from their website company stating if their website is ADA compliant. This simple step could save your dealership legal headaches and financial settlements.

Learning From The Best

I also encourage all dealership managers who are seeking to find the very best technology and agency partners for their dealership to attend the 8th Annual Digital Marketing Strategies Conference (DMSC). Each year we attract the top dealers and vendors to have a candid conversation on what is working, and what is not producing the desired results. Dealers who attend come home with actionable insights to sell more cars!

Check out the impressive lineup of speakers and topics this year by visiting: https://digitalmarketingstrategies.org/. Some of the topics we will be addressing include:

• Is Digital Retailing Working?
• Subscription based ownership models
• Uncovering Google AdWords Myths
• Strategic Social Media Advertising on Facebook
• Exploring the Benefits of Marketing Ecosystems
• Artificial Intelligence (AI) in Automotive Marketing

I hope to see you in Napa, June 3-5th for DMSC. If you would like to receive information on the conference, send me a message or email.