Jay-z is now in hot water growing trend of federal class action lawsuits claiming those websitesthat violate Title III of the Americans with Disabilities Act (the “ADA”).
You would have thought that since his wife Beyonce was already in a lawsuit for her website not being ADA & WCAG accessibility compliant, Mr Carter other wise known as Jay-Z would have paid attention and made sure his online properties were up the standards. This is not the case however and he has become a victim of the growing trend targeting businesses with websites that have not been updated to be accessible to people with disabilities.
The recent change in how business is now been conducted has increased the use of websites as portals for transactions seeing as though we are not able to walk into businesses because of the COVID-19 pandemic now facing the world.
This has become a playing field for lawyers looking to make some quick money; check a website see if it violates the ADA (Americans with Disabilities Act) and simply cash in for non- compliance. The ADA requires that there is no hinderances that interferes with a diabled persons ability to access products or services online. If the claim that is filed is successful the defendant can be obligated to pay not only the costs of redesigning the website but also the plaintiff’s legal fees and costs to get ADA compliant.
These lawsuits typically come from people who are visually impaired and the website doesnt facilitate their disability. This has been the unfortunate case for Jay-z and the Cannabis company he backs NC3 which operates as Caliva. The Company was sued on July 12. 2020 for “its failure to design, construct, maintain and operate its website to be fully and equally accessible to and independently useable by the plaintiff and other blind or visually-impaired people”
The class action alleges that the plaintiff, Bruce Begg, tried to access www.caliva.com as recently as January 2020 and “encountered multiple access barriers that denied him full and equal access to the facilities, goods and services” that Caliva offered to the public, including the ability to “learn about store locations and hours and contact information; make an online purchase, determine prices for and availability of certain products, and related goods and services available both online and in stores.”
Begg claims for all he can in damages under the ADA and UCRA:
- A declaratory judgment that NC3 Systems was in violation of the ADA and that it had taken no action that was reasonably calculated to ensure that caliva.com is fully accessible to, and independently usable by, individuals with visual disabilities;
- A preliminary and permanent injunction enjoining NC3 Systems from further violating the ADA and UCRA, and requiring it to take the steps necessary to make caliva.com readily accessible to and usable by visually-impaired individuals;
- An award of costs and expenses of this action;
- An award of attorneys’ fees and expenses; and
- An award of statutory minimum damages of $4,000 per offense per person pursuant to section 52(a) of the California Civil Code.
This is not a situation that seems to be going away any time soon as a matter of fact these lawsuits are now trending up. The increase use of websites,apps and other digital forms of communcations and transactions is opening a whole new world of fear for many business owners. Especcially small business owners and professionals like doctors dentists and chiropractors.
There are few if any affordable solutions for smaller businesses that do not have the $20 -$50,000 dollars to get there website ADA & WCAG Compliant. Florida Digital Marketing Experts have however come up with an A.I. powered automated 24/7 solution that will keep small businesses comliant daily without breaking the bank. To find out more and get your free ADA & WCAG website accessability audit Click Here.
