The Perfect Storm: Pools “easy targets” due to $Billion ADA Compliance Exposure?

Sep 09 2024

For the first time in U.S. history, there are now formal standards for digital accessibility that must be met by all public entities. With 96% of content failing basics, pools are “the easy win” cash cows’ lawyers will soon have their sights on?

In recent years pools and public entities face an adhoc, speculative ADA (Americans with Disabilities Act) compliance demands, now the potential financial exposure is escalating into the billions.

On top of present regulations (State e.g. UNRUH, and Federal OCR, 504) the Department of Justice (DoJ) has laid down stringent new requirements under Title II, mandating that all public entities ensure their digital content is accessible to individuals with disabilities. With 15 months remaining to achieve compliance—and the risk of litigation organizations must assess their exposure and act.

The Growing Threat of ADA Litigation

The impact of ADA non-compliance is already being felt by many public entities, and the situation is poised to become one of the most significant challenges post-COVID. Since June, the DoJ's mandate has made it clear: compliance is not optional. Public entities had two years to prepare, and now face a fast-approaching deadline. Failing to meet these standards not only exposes organizations to costly lawsuits but could also jeopardize their ability to operate online.

The legal landscape is rapidly shifting. It takes less than 30 seconds to identify ADA compliance failures (try yourself AAAtraq.com/check (opens in a new window)) and just an hour to issue a demand letter, with the average settlement demand reaching $27,700 'per member website'. These figures are likely to rise as new legislation comes into force, potentially leading to even harsher consequences, including the removal of online operations — not due to cyberattacks, but through mandated legal actions.

The Misconception:
ADA Compliance is a Technical Issue

For too long, ADA compliance has been viewed as a purely technical issue, leaving executives without a clear understanding of their organization's digital risks. This lack of oversight has allowed compliance practices to slip through the cracks, as those responsible for implementation were also responsible for reporting—effectively "marking their own homework."

ADA compliance is not optional, and it's not going away. Pools, captives, and their members must adopt a risk-managed approach to tackle this challenge once and for all, moving away from the reactive "fix and fail" cycle that has plagued the industry.

Launching at CAJPA 2024
Pools / Captives private SCORECARD

To address these challenges, AAAtraq are introducing SCORECARD - the first independent, reporting tool that covers ADA, Carbon, and Privacy risks. While ADA compliance is today's priority, Privacy and Carbon reporting will soon become equally critical as legislation continues to evolve.

Our independent and unbiased reporting offers decision-makers the clarity they need to understand their current compliance status. Unlike vendors who may have a vested interest in downplaying issues, SCORECARD shines a light on the true state of your digital landscape, often revealing significant gaps in compliance. This transparency allows our clients to take control of their ADA compliance, ensuring they are not caught off guard by impending legal challenges.

SCORECARD is more than just a reporting tool—it's a proactive solution that empowers organizations to monitor progress, drive improvements, and achieve full compliance. In today's regulatory environment, it's essential to have a clear, independent view of where you stand and how to move forward.

AAAtraq

AAAtraq provides InsureTech (combining AI & human intelligence) solutions that help public entities navigate the complex landscape of compliance. With a focus on ADA, (also Privacy, and Carbon) reporting, we deliver the tools and insights organizations need to manage risk and ensure compliance with evolving regulations.

Full details of the regulation and SCORECARD examples (opens in a new window).

SCORECARD ACCESS

To access your pools SCORECARD, or for Brokers Risk Manager looking for their insureds own, connect with Will Bubenik who will be at this year’s Lake Tahoe conference or email: cajpa@AAAtraq.com