One of our clients told us this week that he loves to read the blog and Insider, but that he would really appreciate it if we would point out some hot compliance tips so when he scans the Insider he can see hot button topics that he should be aware of that he might not otherwise know about in the privacy and security world.

We thought it was a great idea, so here is the inaugural hot compliance topic.

Section 5 of the Federal Trade Commission Act requires all consumer facing websites to include a Privacy Policy or Statement of Privacy Practices to provide consumers with information about how the company collects, maintains and uses consumers’ information provided through the website.

We frequently complete website documents for companies, and we update them based upon new risks and litigation that crops up. For instance, several years ago, there was a rash of lawsuits around the Telephone Consumer Protection Act (TCPA), and many companies updated their websites to reflect language in response to that rash of litigation (among other compliance measures).

In the last year or so, there is a new rash of class action litigation relevant to websites that allege that websites are not compliant with the Americans with Disabilities Act (ADA), including allowing appropriate access for the visually impaired and most recently, alleging that the website failed to provide appropriate access for the physically impaired [view related post].

The Department of Justice has published ADA guidelines that are helpful in determining what measures companies should take for their websites to be ADA compliant. The guidance can be accessed here.

Plaintiffs’ attorneys are searching publicly available websites to determine whether they are ADA compliant, and if they aren’t, filing suit against them. As a result, now may be a good time to review your website documents and update them as necessary.

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