Dear Developer,
In 2022, over 4000 website accessibility lawsuits were filed. If a new piece of legislation in California, AB 1757, passes, the frequency of these lawsuits could rise dramatically.
AB 1757 poses a significant threat not only to small businesses but also to you, the developers and resource providers. This bill, originally known as AB 950, has been reintroduced through a controversial Gut & Amend process, with the potential to adversely affect every organization or business with a web presence.
Here’s why you should be concerned:
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Universal Impact: This legislation could allow attorneys in California to sue businesses, and crucially, their web developers, for a minimum statutory damage of $4000 per “visit” to a non-compliant website.
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Legal Transformation of Guidelines: AB 1757 intends to convert the WCAG 2.1 AA, currently a flexible set of website accessibility recommendations for enhancing web accessibility, into enforceable legal standards. If passed, a single instance of non-compliance with these complex guidelines could trigger expensive lawsuits from plaintiff attorneys and their serial clients.
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Deceptive “Safe Harbor” Clause: The bill proposes a ‘Safe Harbor’ clause that supposedly shields websites and apps from lawsuits if they’re 100% WCAG 2.1 AA compliant at all times. Rather than providing a safety net, this clause sets stringent, nearly impossible to meet requirements, offering minimal legal defense. This is not a safe harbor, it’s a trap.
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Unrealistic Compliance Deadline: AB 1757 requires all websites accessible in California, irrespective of their launch date or where they’re hosted, to be compliant by January 1, 2024, or risk increased lawsuits. This deadline is practically unachievable.
In the guise of promoting accessibility and clarifying standards, this proposed law opens the floodgates for opportunistic plaintiff attorneys and their litigation-seeking clients.
Your immediate action against AB 1757 is crucial as a hearing is scheduled for July 11, 2023. Here’s how you can contribute:
- Submit an Opposition Letter: Send an opposition letter to the Senate Judiciary Committee before June 30. Use the ready-to-send template at stopab1757.com to voice your concerns to lawmakers and the media.
- Spread Awareness: Share our website with your networks, on social media, and with industry groups to raise awareness about the potential harm of AB 1757.
- Sign Our Petition: Sign our petition opposing AB 1757. Each one strengthens our united voice against this damaging legislation.
We must act swiftly to protect our industry and promote innovation. United, we can counter AB 1757 and ensure a business environment that nurtures innovation, supports small businesses, and promotes realistic accessibility standards.
Let’s put a stop to AB 1757. Visit stopab1757.com to learn more and take a stand. Protect our industry, innovation, and fairness. Your voice matters.
Best regards,
The ADA team at EcomBack