Website Accessibility

Missouri’s new Act Against Abusive Website or Web Content Access Litigation became operative August 28. The law is good news for Missouri businesses, including dental practices, because it provides important protections against abusive website-accessibility lawsuits and demand letters. MDA staff recently participated in a Missouri Chamber webinar reviewing the new law. One takeaway stood out: the law provides protection, but it should not be a reason to wait to address accessibility.

Under the new law, once a business receives notice through a demand letter, petition or complaint, it generally has 90 days to make substantial, good-faith corrections. Good-faith remediation during that period creates a rebuttable presumption that the underlying claim was abusive. The law also gives the Missouri Attorney General, and Missouri-resident defendants themselves, avenues to pursue abusive plaintiffs and their law firms.

What to do if your practice receives a letter

• Do not ignore a demand letter, but do not panic and immediately settle either.
• Treat a new demand letter or complaint as the start of your 90-day cure period.
• Document every remediation step you take, including dates and other evidence of the work completed.
• If you are already involved in litigation, talk with legal counsel about whether the law’s cure-period protections apply.

Most importantly, do not wait for a demand letter to address accessibility. Evaluate your website and other patient-facing digital tools now and work toward recognized accessibility standards such as WCAG 2.1 AA.

While Missouri’s law changes the litigation environment, it does not eliminate underlying federal accessibility obligations. Federal requirements may apply to dental practices under laws including the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. Section 504 applies to practices that receive federal financial assistance.

Start With an Accessibility Check

Not sure where your website stands? The W3C Web Accessibility Initiative offers Easy Checks – A First Review of Web Accessibility, a free, noncommercial resource that walks website owners through basic checks including color contrast, keyboard navigation, image descriptions, forms and video captions. The checks are intended as a starting point, not a complete determination of compliance, and can be used as a guide to address identified accessibility barriers and work toward WCAG 2.1 AA standards.