EXPERIENCED ADA LAW FIRM FOCUSED ON DEFENDING AGAINST MISSOURI WEBSITE ADA CASES.

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Business owners across Missouri are facing a growing wave of litigation regarding digital accessibility. Plaintiffs’ attorneys are filing lawsuits alleging that business websites violate Title III of the Americans with Disabilities Act (ADA). These claims assert that websites are not accessible to individuals with visual or hearing impairments, effectively barring them from goods and services.

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The Legal Basis for Website Accessibility Claims

The core of these Missouri ADA website lawsuits lies in the interpretation of the ADA. While the Act was passed in 1990—before the internet was a commercial hub—courts have increasingly interpreted "places of public accommodation" to include digital spaces.

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Plaintiffs typically allege that a website fails to comply with the Web Content Accessibility Guidelines (WCAG). These guidelines, developed by the World Wide Web Consortium, are the gold standard for digital accessibility. Common violations cited in litigation include:

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• Lack of Alternative Text (Alt-Text): Images missing descriptions for screen readers.

• Incompatible Keyboard Navigation: Websites that cannot be navigated without a mouse.

• Empty Links: Hyperlinks that lack context or descriptive text.

• Video Captioning: Missing captions for audio and visual media.

When a website contains these technical barriers, plaintiffs argue they are denied equal access, triggering potential liability under the ADA, and the possibility of a Missouri ADA website case. 

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Strategic Defenses Against Missouri ADA Lawsuits

Defending against an ADA website lawsuit in Missouri requires a nuanced understanding of both federal law and technical compliance standards. A general practice attorney may not possess the specific experience necessary to navigate these complex claims. Experienced ADA defense counsel will utilize specific legal strategies to protect your interests.

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Challenging Standing

One of the primary defenses is challenging the plaintiff's standing to sue. To establish standing, a plaintiff must prove they suffered a concrete injury. We scrutinize whether the plaintiff actually visited the website with a genuine intent to use the services or if they visited solely to manufacture a lawsuit. If the plaintiff is a "serial filer" who never intended to patronize the business, the case may be subject to dismissal.

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Technical Compliance Defense

Not every deviation from WCAG constitutes a violation of the ADA. The law requires "meaningful access," not necessarily perfect compliance with every technical standard. We analyze the specific allegations to determine if the claimed barriers actually prevented the user from accessing the fundamental goods or services offered by the business.

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Steps to Take If You Are Sued in a Missouri ADA case 

If your Missouri business is targeted, immediate action is required. The timeline for responding to a federal complaint is strict, and delays can result in a default judgment.

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1. Do Not Respond Directly to the Plaintiff: Engaging with the plaintiff or their counsel without representation can compromise your defense.

2. Secure Specialized Counsel: Retain an attorney with specific experience in ADA defense. General litigators often lack the technical knowledge required to assess WCAG compliance.

3. Audit Your Digital Assets: Conduct a comprehensive audit of your website to identify accessibility gaps. This should be done under the direction of counsel to maintain attorney-client privilege where possible.

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Protecting Your Business Future

The goal of ADA defense is not only to resolve the immediate litigation but to insulate the business from future claims. Settling a single lawsuit without addressing the underlying accessibility issues leaves the door open for subsequent copycat lawsuits.

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A robust defense strategy involves a dual approach: aggressively defending the legal claim while simultaneously implementing a remediation plan to bring the digital presence into compliance. This demonstrates good faith to the court and ensures that your services are accessible to all potential customers. 

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If your business has been served with a Missouri ADA website lawsuit, contact us today to discuss your case.