The annual April 1st CVAA recordkeeping certification deadline is approaching. Many companies consider their compliance obligations to be complete upon filing the certification. However, while the record keeping certification may be the most visible of the CVAA requirements, it is only the tip of the compliance iceberg. The more onerous requirements and greater potential liability at the core of the CVAA lie outside the certification requirement.
In light of recent discussions between our firm and a number of companies regarding issues associated with CVAA compliance and compliance testing, we have created a high-level overview highlighting applicable CVAA requirements and compliance challenges facing the industry, as well as solutions our firm can provide to assist with achieving compliance.
The FCC, as well as class action attorneys, are stepping up their focus on ADA and CVAA compliance. And, based on our understanding of the industry’s readiness, we are concerned that many companies could face potential exposure for non-compliance with both the CVAA and the ADA. Because of these concerns, we thought it paramount to lay out covered entities’ legal duties pursuant to the CVAA and FCC regulations, as well as the potential consequences of non-compliance. Specifically, in addition to the risk of substantial FCC forfeiture amounts, there is the very real potential that violations could be addressed through federal court proceedings in class action suits brought by aggrieved consumers.
In short, if a company does not have a documented procedures and a record of having at least attempted to arrive at compliance solutions with the disabled community, there may be sufficient factual grounds to support both an administrative and civil complaint against the company. However, our firm is uniquely positioned to assist with implementing and managing the processes that are needed to reduce and mitigate such exposure.
WEBINAR ANNOUNCEMENT:
The CommLaw Group will be hosting a FREE Educational Webinar covering the CVAA’s statutory and regulatory requirements this Spring:
“CVAA: What is it? What does it mean for my business? What must we do to comply?”
If you are interested in participating in the program and would would like to receive an invitation, please send an E-mail to Jonathan S. Marashlian at jsm@CommLawGroup.com to reserve a space.
