Website Compliance
Having a website for your business is crucial in this day and age for many reasons, including, increasing your customer base, your credibility, and your customer engagement. However, having a website also brings about many potential liabilities and the risk of litigation. Knowing how to properly comply with the laws, rules. and regulations surrounding the internet and your website is an important part of any businesses’ online strategy. The Karlin Law Firm has consulted for many years on emerging legal issues related to the internet, websites, and compliance.
Some areas which the Karlin Law Firm provides both consulting and legal defense are:
ADA Website Accessibility Compliance – Disabled individuals, including visually impaired and deaf individuals, need full and equal access to your business’ website. The laws surrounding website accessibility are complex and have lead to a large industry of predatory lawsuits that come after businesses of all sizes for having websites that lack the appropriate accessibility. Further, the standards on what makes a website accessible are complex and unclear; adhering to the WCAG or installing an accessibility widget is not enough to keep your business out of a lawsuit. The Karlin Law Firm can guide you though the maze of website accessibility to help ensure you have both provided great accessibility on your business’ website to disabled users and have minimized the risk of accessibility litigation.
Website Privacy and Data Policies – The protection of users’ data has become an area of complex legislation both in the United States and abroad. Business owners need to understand the specific disclosure rules around user data. This includes understanding the California Consumer Privacy Act (CCPA), Children’s Online Privacy Protection Act (COPPA), and Europe’s General Data Protection Regulation (GDPR). The Karlin Law Firm can help you with crafting your business’ online privacy and data policies and advise you on areas in which your policies and procedures make you most vulnerable to litigation.
Privacy, Trap and Trace, and California CIPA Lawsuits (Including California Penal Code 638 & 638.51– A new type of lawsuit is being filed against business websites which capture user data. They are called “Privacy”, “Trap and Trace”, or “CIPA” violations. Most business websites capture user data, yet most website owners are unaware of this process. These lawsuits are growing at an extremely rapid pace and are filed as class action lawsuits, claiming that websites which store a user’s IP address and collect other user data and/or have “pixels” that pass on user information to third-party sites such as Google, Facebook, TikTok, and others, are violating California Penal Code sections 638.51, 638.50(c), 637.2, 631, or 631(a). Currently these Trap and Trace, CIPA, and Privacy claims are being filed by Matthew Smith at Tauler Smith LLP, Scott Ferrell at Pacific Trial Attorneys, and Joshua Swigart at Swigart Law Group. See our separate page for more information on Trap & Trace, CIPA, California Penal Code 638, 638.51, 638.50(c), 637.2, & 631. See sample Trap & Trace claim letters by Matthew Smith at Tauler Smith, by Joshua Swigart at Swigart Law, and by Scott Ferrell at Pacific Trial Attorneys.
Reocurring Credit-Card Subscription Compliance – Laws regulating recurring credit card subscriptions vary by country, but some common regulations include: Clear and conspicuous disclosure of terms and conditions, easy opt-out or cancellation process, restrictions on automatic renewals or continuity programs, requirements for obtaining express informed consent, prohibitions on deceptive or misleading marketing practices, protections against unauthorized billing or excessive charges, and provisions for customer dispute resolution and refunds. It’s important for businesses to be familiar with and comply with applicable laws, such as the Federal Trade Commission (FTC) in the US, the Consumer Contracts Regulations in the UK, and the Australian Consumer Law. The Karlin Law Firm can advise your business on navigating these rules and regulations.
Chat Box Wiretapping Lawsuits and Claims – Lawsuits are on the rise surrounding claims that chat boxes violate wiretapping laws because of their failure to disclose what user data is being collected through their use. The Karlin Law Firm can help you with crafting your business’ discloser policies regarding chat boxes and advise you on areas in which your policies and procedures make you most vulnerable to litigation.
Copyright / Trademark / Trade Secrets on Websites – A website’s design and content can contain many elements of intellectual property, including copyrights, trademarks, and trade secrets. It is important to understand how to best protect the intellectual property on your website. Additionally, it is important to know if your website is complying with the proper licensing requirements for the use of other’s intellectual property on your website.
Contact the Karlin Law Firm LLP for consulting and legal advice your website’s compliance or any related litigation matters.