Dispensary ADA compliance is a growing topic of conversation. This article aims to help educate dispensaries on common ADA compliance requirements, how Rank Really High protects your website and how to spot a potential scam. At Rank Really High we believe in making the web accessible to all.
The cannabis industry is booming, with dispensaries popping up across the country and online sales surging. However, as with any growing industry, cannabis businesses are not immune to legal challenges. One of the rising threats in the cannabis sector is the surge of ADA (Americans with Disabilities Act) lawsuits. These lawsuits can be devastating for businesses, both financially and reputationally. Here’s what you need to know about ADA lawsuits, how to prevent them, and what steps to take if your business gets hit with one. Keeping in mind that not all ADA lawsuits are the same and there are several scammers out there. Typically a legitimate ADA claim against your business will be sent to you with an ADA.org email address associated to it. ADA complaints are normally filed via the ADA’s public website.
What Are Dispensary ADA Compliance Lawsuits?
ADA compliance lawsuits arise when individuals or law firms file legal claims against businesses for alleged violations of the Americans with Disabilities Act (ADA). These lawsuits often focus on whether a business’s website is accessible to people with disabilities, such as those who are blind or visually impaired, in accordance with ADA standards.
For dispensaries and online cannabis retailers, these lawsuits can be particularly challenging. The complexity of their websites, which must also comply with varying state regulations, can sometimes result in claims that they are not fully accessible to people with disabilities.
The Impact of Dispensary ADA Compliance Lawsuits on Cannabis Businesses
These lawsuits can have severe consequences for cannabis businesses, including:
- Financial Costs: Defending against an ADA lawsuit can be expensive, with legal fees quickly mounting up. Even if the lawsuit is frivolous, businesses may choose to settle rather than face the costs and uncertainty of a court battle.
- Reputational Damage: Being sued for ADA violations can harm a company’s reputation, particularly in the cannabis industry, where businesses are working hard to establish trust and credibility with consumers.
- Operational Disruption: Lawsuits can divert attention and resources away from daily operations, slowing growth and innovation.
How Rank Really High Protects Your Dispensary
At Rank Really High, we take web accessibility seriously and have built multiple features into our platform to ensure compliance with ADA standards. Here’s how we protect your dispensary:
- WCAG 2.1 Compliance: Our websites follow the Web Content Accessibility Guidelines (WCAG) 2.1 at Level AA, meaning that all content is designed to be perceivable, operable, understandable, and robust for users with disabilities. This helps protect your dispensary from the common ADA violations that result in lawsuits.
- Semantic HTML and ARIA Support: We use semantic HTML and ARIA roles to ensure that assistive technologies like screen readers can navigate your website efficiently. This helps individuals with disabilities access your content more easily, reducing the likelihood of accessibility-related lawsuits.
- Keyboard Navigation: We ensure that interactive elements, such as forms, buttons, and menus, are fully operable through keyboard navigation. This is crucial for users who cannot rely on a mouse, ensuring an inclusive experience for all visitors.
- Color Contrast and Readability: Rank Really High prioritizes high-contrast color schemes and readable fonts to ensure that users with visual impairments can easily read your content, adhering to recommended contrast ratios for text and images.
- Alt Text for Images: We make sure that every image on your site is equipped with descriptive alt text, which allows screen readers to convey the meaning of visuals to visually impaired users.
- Responsive Design: Our websites are fully responsive, meaning they work seamlessly across all devices, including mobile phones, ensuring accessibility regardless of the screen size.
- Continuous Monitoring and Updates: We regularly monitor your website for any accessibility issues and make necessary updates to keep it compliant with the latest standards.
How to Prevent My Dispensary from getting an ADA Lawsuit Claim
Preventing ADA lawsuits involves proactive steps to ensure that your business complies with the ADA and is less likely to be targeted. Here’s how to protect your cannabis business:
- Audit Your Dispensary Website for Accessibility: Regularly audit your website to ensure it meets ADA accessibility standards. This includes making sure that images have alt text, videos have captions, and the site is navigable using keyboard commands. There are several tools and services available that can help you identify and fix accessibility issues.
- Implement Web Accessibility Best Practices: Incorporate accessibility into the design and development of your website from the ground up. Use accessible design frameworks and follow the Web Content Accessibility Guidelines (WCAG) to ensure that your site is usable by everyone, including those with disabilities. If your website doesn’t score well on any of the several ADA website testing tools — know that there are several low cost or even Free ADA plugins that can be added to your website to improve accessibility.
- Train Your Team: Educate your web developers, designers, and content creators about the importance of accessibility and how to implement it. Make sure everyone involved in maintaining your website understands the legal requirements and best practices for ADA compliance.
- Consider a Website Accessibility Statement: Post a statement on your website that outlines your commitment to accessibility and provides contact information for users who may encounter difficulties. This shows that you are taking accessibility seriously and may discourage potential plaintiffs from targeting your business.
- Consult Legal Counsel: Work with a legal expert who specializes in ADA compliance to review your website and business practices. They can help you identify potential risks and ensure that you are in compliance with all applicable laws.
What to Do If Your Dispensary Receives an ADA Lawsuit
If your cannabis business is targeted ADA lawsuit, it’s important to act quickly and strategically. Here’s what you should do:
- Consult an Attorney Immediately: Contact a lawyer who specializes in ADA compliance and lawsuits as soon as you receive notice of a lawsuit. They can help you understand your legal options and guide you through the process.
- Do Not Ignore the Lawsuit: Ignoring an ADA lawsuit can result in a default judgment against your business. Take the lawsuit seriously and respond within the required time frame.
- Consider Settlement Options: In some cases, it may be more cost-effective to settle the lawsuit rather than fight it in court. Your attorney can help you evaluate the risks and benefits of settlement versus litigation.
- Fix the Issues: Whether you choose to fight or settle the lawsuit, it’s crucial to address any accessibility issues on your website immediately. This can help prevent future lawsuits and demonstrate your commitment to compliance. Often times scammers will create email templates that will call out several common ADA issues that may or may not actually be present on your site. It’s important to review and repair any legitimate claims as well as any improvements that could be helpful in making your website an easier experience.
- Learn from the Experience: Use the lawsuit as an opportunity to improve your business practices and prevent future legal challenges. Implement the lessons learned and ensure that your website and other business operations are fully accessible and in compliance with the ADA.
According to Google… ADA lawsuits can be scams in a few ways:
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Serial plaintiffs: Law firms may select plaintiffs to file hundreds of lawsuits against businesses to earn legal fees. These plaintiffs may claim that businesses’ websites are inaccessible, preventing them from enjoying the services equally.
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Imposters: Scammers may pose as trusted entities to trick people into sharing private information through emails, websites, or social media. For example, some say that defense attorneys and accessibility companies may send unsolicited emails, letters, or phone calls to website owners, offering to take their case and make their website ADA compliant.
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Fraudulent claims: Some people have been accused of ADA abuse and fraudulent claims. For example, one man allegedly posed as an advocate for the disabled community and demanded payments from small businesses, claiming they violated the ADA.
Conclusion
Dispensary ADA lawsuits are a growing threat in the cannabis industry, but with proactive steps, you can protect your business from becoming a target. Regularly auditing your website for accessibility, training your team, and consulting with legal experts can go a long way in preventing these lawsuits. And if you do find yourself facing an ADA lawsuit, responding quickly and effectively can help minimize the impact on your business.
By staying informed and taking the necessary precautions, you can safeguard your cannabis business against ADA lawsuits and continue to grow in this exciting and evolving industry.
