Intended audience: Website Owners, Compliance Managers, Executive Team Members, Legal Team Members
Immediate actions to take upon receipt of a claim
AudioEye® provides a full suite of solutions to help respond to legal complaints. If an accessibility-related complaint is filed, organizations may keep legal costs to a minimum by becoming familiar with the nature of the threats, embracing the reality of the legal landscape, and taking the steps suggested below:
- Consult with legal counsel and contact the organization’s insurance carrier.
- Alert AudioEye that a demand letter, complaint, or lawsuit has been received by contacting the organization’s AudioEye Account Manager or completing a legal support services request form.
- Provide AudioEye with relevant materials from the complaint, particularly the details about exactly what is alleged to be inaccessible on the site.
- If the site receives AudioEye’s active monitoring and automated fixes, download the site’s Legal Action Response Plan for the organization’s legal counsel to review.
- If the site also receives AudioEye’s expert auditing and fixes, request a Legal Response from the organization’s AudioEye Account Manager.
AudioEye understands that legal issues are sensitive, and organizations may be limited in what they are willing or able to share. If the organization requires a mutual non-disclosure agreement (MNDA) to share information with AudioEye, please reach out to the organization’s AudioEye contact to facilitate this.
Documents that may be provided by AudioEye
All sites receiving AudioEye’s active monitoring and automated fixes have access to the following documents in response to a lawsuit or demand letter:
- Legal Action Response Plan – a comprehensive strategy designed to promote web accessibility compliance for businesses and organizations. Available to both Marketplace and Enterprise customers, this plan encompasses four key components: Sustain, Test, Analyze, and Remediate. The plan involves continuously maintaining web accessibility through ongoing monitoring and updates, conducting regular testing to identify potential barriers, reviewing test results to understand and prioritize issues, and implementing necessary fixes to resolve accessibility problems. This approach allows organizations to achieve and maintain a high level of web accessibility, ensuring their digital content remains inclusive and accessible to all users, regardless of their abilities.
- Trusted Certification – AudioEye's Trusted Certification recognizes a website's commitment to digital inclusion and compliance with accessibility regulations. Achieving the Trusted Certification demonstrates a commitment to digital inclusion and compliance with accessibility regulations. Note: This does not mean customers are receiving Managed Services and may only have the Platform.
AudioEye prepares the following documents for sites receiving AudioEye’s fully managed services including expert audits and fixes in response to a demand letter:
- Automated Test Suite Response – AudioEye’s common response to claims made using popular free automated scanners prone to generating false positives.
- Debunk Response – A Debunk Response addresses a specific claim of inaccessibility with respect to a website. This involves presenting factual evidence, technical details, and expert opinions to address an alleged claim of inaccessibility.
- Legal Response – AudioEye’s response to a Demand Letter or Lawsuit generated by AudioEye’s Service Operations Team that addresses the claims in a Demand Letter or Lawsuit.
Organizations should work with their legal counsel to determine how to respond with the documentation prepared by AudioEye or if there is a need to provide the claimant with additional information. We encourage organizations to share the outcome of any case with their point of contact at AudioEye.
Disclaimer: The recommendations in this article do not, and are not intended to, constitute legal advice. AudioEye encourages you to engage and consult with your own legal counsel in responding to any letter or lawsuit.