Americans with Disabilities Act
Complete online presence compliance
Dear valued dentist,
As you may know, your online assets are treated like physical assets.
Just as your offices must provide wheelchair accessibility, we are now legally obligated by the Americans with Disabilities Act (ADA) to provide the same ease of accessibility online to users who may find normal website browsing difficult.
- Visually impaired people who rely on text-to-speed software to navigate your website,
- Physically impaired people who may require alternative ways of inputting text or scrolling through,
Unfortunately, this has created a small group of predatory law firms who are maliciously flagging dental websites in order to profit from settlements.
Take this excerpt from DentalEconomics:
“several years ago the lawsuits began when individuals with disabilities became frustrated with websites, did not receive cooperation from businesses, and then hired lawyers to get satisfaction.”
“But in the last three or four years, this has changed so that now law firms usually initiate the complaints. Krezalek says about two-thirds of the lawsuits are being filed by only 10 firms. These firms pick an area of focus, usually by industry and sometimes by geography, and compile a list of participants in that category. Then they run an accessibility scan of the website and scans of most websites come back with a list of errors. They then send a demand letter listing the errors, or they just file the lawsuit and await the response. The goal is to make it less costly for defendants to settle than to defend themselves. More than 90% of these cases never go to trial but are negotiated to a settlement.”
It appears that dentists are now being targeted with these lawsuits. Some have settled for tens of thousands.
What to do if you've been targeted
If you or someone you know is cited for accessibility issues, here’s what you need to do.
Note: I don’t want anyone who reads this to believe that we have created an attorney-client relationship or that you can rely on information in this page as legal advice. Every situation is different and I recommend you seek your own counsel as well.
In 2016, California implemented Senate bill number 269 which “provides small businesses with 15 days following a complaint under the ADA to correct alleged violations. If corrected, small businesses would not be subject to statutory penalties and attorneys’ fees. “Small business” is defined to include those businesses that employ 25 or fewer employees on average over the past three years and have average annual gross receipts of less than $3.5 million over the previous three years.”
(Many business owners and lawyers are not aware of this and have settled prematurely.)
- Immediately forward the complaint to your lawyer and web designer.
- Your web designer should not only fix the listed complaints, but also ensure that the entirety of your website is up to guidelines.
- Keep an eye out for ADA complaints. Forward them immediately to your lawyer and web designer.
- Do NOT rely solely on accessibility software like UserWay or EqualWeb. Unfortunately, software cannot guarantee full compliance. While they may offer financial warranties, you will still be the one dealing with litigation, headache, and career fallout.
- Bring your website up to compliance proactively.
How to get help
Hello! I’m Isaac Oh.
As someone who specializes in dental marketing and understands ADA guidelines, I’m in a unique position to help you resolve these issues, bring your online presence into compliance, and take advantage of other hidden opportunities.
I’ve worked closely with the Korean American Dental Association and have helped their members protect themselves from ADA lawsuits and I can also help you.
Click the button below to schedule your free initial consultation.
In order to maintain quick turnaround times and high attention to detail, I can only accept a limited number of new clients every month and may not be available for help.
Free initial consultation
The purpose of this 15 minute consultation is to:
- help you determine if you are a potential target for ADA complaints,
- answer any questions you may have,
- and to determine the best course of action depending on your circumstances.
More often than not, you may be vulnerable to predatory lawsuits and I will recommend a diagnosis at minimum.
Jump the line and get a full diagnosis
You will get a comprehensive diagnosis of your website for ADA legal compliance. You will also receive a custom checklist of what changes you need to make to bring your website into ADA compliance. No obligations – you may send this to your personal web designer to fix.
Hire us for online compliance
You will receive compliance updates for all the listed compliances.
Clients of ours will receive frequent updates to stay in compliance as laws change and will receive prompt corrections any time a complaint is brought to our attention, free of any additional charge.
$200 diagnosis payments will be credited towards this payment.
Hire us for online compliance
Have you been sent a complaint? We will bring you into compliance within 3 business days.
(Only available for those who have been served complaints.)
Get your practice protected
What will happen next:
Thank you for choosing Pharo!
After you fill out the form, I will reach out to you by email with the following before I can begin work:
- Payment Link
Turnaround times for full compliance can take up to a month but I can typically deliver in two weeks.
Diagnosis may take up to 5 business days.
Emergencies will take 3 business days. Websites with over 30 pages may take longer.
Please contact by email at email@example.com