In recent months, we’ve seen a notable increase in demand letters and lawsuits related to data privacy and website accessibility. Many of these cases target businesses, large and small alike.
We’re sharing this information to help our clients take proactive steps to protect themselves from potential litigation and to ensure their websites meet modern expectations for the two areas we’re seeing lawsuits come up: data privacy and accessibility.
Data Privacy
Modern data privacy laws, such as the California Consumer Privacy Act (CCPA/CPRA), Colorado Privacy Act (CPA), and others emerging across the U.S., require that websites clearly disclose how they collect and use personal information. Many of these laws also require users to consent before certain types of data collection, particularly cookies and tracking technologies.
However, the exact requirements for your business depend on:
- The states or countries where you operate or have customers
- The type of data you collect
- How that data is used or shared
- The size of your business
Because these laws vary by jurisdiction, it’s important to consult with a qualified attorney to understand which regulations apply to your specific business.
Once you’ve received legal guidance, Workhorse can implement those compliance measures — including configuring or updating your cookie consent banner to align with your jurisdiction’s requirements.
That said, if you currently do not have any cookie banner in place, we strongly recommend adding one as this is an important first step toward protecting your business.
Accessibility
Website accessibility ensures that all users, including those with disabilities, can interact with your site. Accessibility isn’t just a best practice, it’s increasingly a legal requirement under the Americans with Disabilities Act (ADA) and related state laws.
Failing to provide accessible digital experiences (for example, lacking proper text alternatives for images or adequate color contrast) has led to a growing number of lawsuits against website owners.
To determine what accessibility standards apply to your business, it’s essential to consult an attorney specialized in digital accessibility compliance. Once your requirements are clear, Workhorse can assist with implementing those recommendations, such as updating your site’s design and code to meet the determined compliance standards.
How Workhorse Can Help
Workhorse is committed to helping our clients understand and take the right steps toward protecting themselves from litigation. While we cannot provide legal advice, we can:
- Configure a cookie consent banner that aligns with your state’s privacy laws once advised by your legal counsel
- Implement technical changes to support your accessibility compliance plan after you’ve received professional guidance
- Offer proactive recommendations and ongoing support to maintain compliance once standards have been recommended by legal counsel
Protecting your business from legal risk starts with awareness and proactive action. If you’d like to review your website’s current privacy and accessibility setup, contact your team at Workhorse, and we’ll help you take the next right steps.