Accessibility – ADA and CVAA Compliance

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Practical counsel and real-world experience helping clients comply with ADA and CVAA accessibility requirements

Title III of the Americans with Disabilities Act (ADA)’s definition of “public accommodation” has expanded to the digital world. Now, companies conducting business via websites, mobile apps, connected devices, and other communications technology have faced litigation and enforcement actions for violation of accessibility laws. 

The CVAA, or 21st Century Communications and Video Accessibility Act, is an ADA law that seeks to create equity for people with disabilities in the digital environment. The goal of the CVAA is to increase access of people with disabilities to modern communications.

All regulated providers of telecommunications or advanced services and telecommunications equipment manufacturers must provide the FCC with an annual record-keeping certification demonstrating compliance with the CVAA.

Through this certification, all such service providers and equipment manufacturers must certify that they have instituted record-keeping requirements which document efforts to ensure covered services and equipment are accessible to individuals with disabilities unless doing so is not achievable. 

There are also regulations related to close captioning of TV programs shown on the Internet, as well as access by disabled people to 911 and new generation 911 emergency service and the Emergency Alert System (“EAS”).

CVAA certification must be completed by all service providers providing interstate telecommunications or advanced services, IP-based communications services (including interconnected VoIP, non-interconnected VoIP, and ancillary VoIP-based communications services), instant messaging services, email services, and interoperable video conferencing services.  Manufacturers of equipment that provides these services must also file a certification with the FCC. 

Our experienced attorneys can help you safely navigate the complexities of ADA and CVAA compliance.

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