What Are Click-By Lawsuits
Charles Gibbs
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I read this story about a restaurant owner who was complaining about being forced to update his website to include accessibility features thanks to a “Stupid Lawsuit”!
The gentleman was mad that he had to spend $3,000 adding features to make his site more user-friendly for those with disabilities! Even though he was reluctant he agreed because it sounded better than being sued for $50,000 on average. Hence The Term 'Click-By Lawsuits'!
What Is A Click-By Lawsuit?
There are several ways to describe these Lawsuits which seem to have derived from the term Drive-By Lawsuits, however, most of them have been exhausted and Hotels, Restaurants, etc. have mostly become compliant physically. So now attorneys are becoming more sophisticated and steering their focus to what they are calling “Click-By Lawsuits".?
These Click-By Lawsuits will not stop with Hotels and Restaurants! Most of society never knew how much they depended on the Internet until the Pandemic of 2020...the COVID-19 effect I call it. This is where we all became more and more dependent on the Internet and for the Website Owners who didn't get the memo about taking into consideration the disabled, well the opportunistic Lawyers have picked up the problem and they are now coming for you!
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How do you defend your company against a Click-By Lawsuit?
What I have discovered that others are doing if pre-lawsuit settlement discussions do not work and a lawsuit is filed. Then they are simply getting their website compliant, and then raise the defense that the plaintiff's claims are moot. It is said that as a defendant you can raise the defense of mootness because now that you have remediated the violations alleged in the plaintiff's complaint the courts need to take that into consideration.
Yes, Lawyers who are being opportunistic are on the prowl and you really can't blame them considering their profession. However, try to see it from the visually impaired and other disability problem the person using the website might be dealing with.
The fix from what the website visitor sees is simple because it's like putting a Wedgit in the same area as a Chat Wedgit etc. Now there is an immediate way your site becomes user-friendly and accessible for all shoppers to experience the benefits of having a beautifully well-designed website that is also ADA Compliant showcasing to the world that you are serious about every visitor seeing the best you have to offer!
If you are looking for an immediate solution to this problem we are here to help! As a way to thank you for reading my article, we are offering a FREE ADA COMPLIANCE Analysis Of Your Website which shows what you need to do to Fix The Problem.