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AAAtraq - Accessibility Risk Management

Common Hurdles

Being transparent - forewarned is forearmed.

Challenges you will come up against

AAAtraq is built on transparency. We don't sugar coat the process and we don't just tell you what you want to hear. If there are challenges ahead, we'd rather you knew about them upfront than discovered them halfway through.

Moving from reactive spend to structured control and compliance is a shift. It's the right move, but it's not always a smooth one. These are the five hurdles organizations commonly face - knowing what they are puts you in a stronger position to deal with them.

"Not much sugar coating with AAAtraq - we don't just tell you what you want to hear. This page is a good example, these are the challenges you will come up against. Forewarned is forearmed."

Where organizations get stuck

Vendor position protection is the biggest barrier. CMS providers and service vendors who have gone unchallenged are naturally resistant to independent oversight that may expose gaps in their own reporting and compliance claims.

1. Position protection

Vendors, particularly those providing the Content Management System, have until now gone unchallenged. They have been comfortable providing their own reporting to clients, and it is not uncommon for their marketing to focus heavily on promises of compliance. This leaves them very exposed if their platform doesn't live up to those claims, or if their own reporting is found to be misleading. Independent oversight changes that dynamic, and not everyone welcomes it.

2. Understanding scale and sprawl

Most organizations underestimate their digital footprint. Post-COVID, what started as one or two websites has grown to four, five, or more - plus PDFs, forms, videos, and third-party platforms. Once you map everything that's online, you manage the risk.

3. Seeing it as a one-time issue

Accessibility is not a project with a start and end date. Content changes daily. Staff turnover means knowledge is lost. Vendors update platforms without checking compliance. Treating this as a one-off fix guarantees the problem returns.

4. Promise of quick wins

Overlays, widgets, and automated 'fix it' tools promise instant compliance. They don't deliver it. The marketing is compelling, but the legal record is clear - these tools have been named in lawsuits, not as a defense, but as the problem.

5. Doesn't impact us

Until the demand letter arrives. ADA applies to every organization with a public-facing website. The assumption that 'we're too small' or 'we haven't been targeted' is not a risk strategy - it's an exposure.

Questions we get asked

Straight answers to the questions that come up most often.

Our software vendor has said we don't need your service - they provide a report, says we are OK.

I'm sure they do! Just like the builder of my new house wants to sign off their own work.

Too many vendors, service providers and consultants object to clients having our service.

A good starting point is assessing the risk of your website yourself, at least you'll start off with an independent view.

What's the extent to my exposure?

An initial 'first' demand typically costs $27,750 (~$16,300 - 52,800) in external fees / damages. Subsequent claims commonly exceed this by 50-75%.

Fighting a case (remember you have already been found in breach of the rules) starts at around $51,000 - typically around $110,000. The higher profile cases such as Winn Dixie / Dominos are estimated at around $4,000,000.

The biggest (and hidden) cost is the distraction - especially for smaller education establishments and city offices where the case must be internally managed, taking precious time from teaching or serving citizens.

What are the rules for public entities?

Any public entity that receives federal funding is legally required to ensure that their website is compliant with accessibility regulations in accordance with Section 508 of the Rehabilitation Act of 1973. The same rules apply to anyone who does business with a federal agency.

There are additional adherence requirements, for instance for Education 'sections / content' there are also local legislative requirements to uphold.

Regulation will continue to evolve and enforcement (and compliance with) will become ever more stringent. Ensuring you can demonstrate reasonable adjustment takes time, but you also have to remember that this is an ongoing requirement.

We use an overlay plugin, they suggested this would suffice for ADA compliance.

There are many companies who make compliance promises - a web search of 'accessiBe will get you sued' may answer your question. More so, of late certain accessibility overlays 'their buttons' have been a target for those looking to take action.

Ask any provider who is committing to any level of compliance for an indemnity against litigation.

There are no quick wins: too many people are looking for technology that can provide the silver bullet, but in reality, what you need to aim for is training staff and ensuring accountability from vendors and those fixing the highlighted issues.

What about reporting the diagnostics, something about testing against WCAG checks?

This is very important, and you need to have a way not just to report but to monitor, ensuring issues are prioritized and then fixed.

WCAG is one 'tech' standard used to measure compliance. There are a number of challenges as to what level of compliance is required, also a move to 'a recognized' measurement standard (Colorado).

The law refers to 'demonstrating reasonable adjustment' (in a proportional manner) - being able to show due process (of which addressing compliance is important) is key.

Do you teach webmasters how to fix the issues detected?

Firstly, executives must ensure that ADA awareness is organization-wide. This is not just the web team's responsibility. It's important that webmasters have the skills to manage this - ADA litigation is not going away, every organization needs to be self supporting.

AAAtraq highlights prioritized actions against prioritized pages, providing the specific details, down to the line in the code, and monitors the corresponding correction.

Accessibility Statements - does your program look at them? Do I need one?

In short 'yes' (it may also be a legislative requirement).

One of the steps in the program is to confirm the status of your Accessibility Statement. We also provide a draft for you to review and consider including on your website.

Our system gives you suggestions and best practice, and our monitoring ensures a compliant Accessibility Statement is a priority.

How long before we see measurable improvement?

Most organizations see a meaningful shift within the first 90 days. The initial audit establishes your baseline, priority actions are identified immediately, and correction tracking begins.

After the first quarter, allow around an hour a week to maintain momentum.

The key is consistency - this is not a one-off project, it is an ongoing program that compounds improvement over time.