<![CDATA[Foster Krueger APC - Articles]]>Fri, 02 Oct 2026 12:16:07 -0700Weebly<![CDATA[Estate Planning FAQs: Answers to Common Questions]]>Tue, 18 Aug 2026 07:00:00 GMThttps://www.fosterkruegerlaw.com/articles/estate-planning-faqs-answers-to-common-questions

We understand that most people have questions about the estate planning process and our law firm.

Estate planning is about much more than deciding who will receive your assets. A well-designed estate plan can help you protect your family, prepare for incapacity, provide for the people you care about, and give you greater confidence that your wishes will be carried out.

But choosing an estate planning attorney can raise plenty of questions of its own. Do I really need to work with an attorney? What does an estate planning consultation involve? And how can I know that the attorney I choose will still be there when my family needs help years from now?

At the Law Firm of Foster Krueger, we believe those are important questions. Estate planning is a long-term process, and we believe our clients deserve knowledgeable legal guidance, personal attention, and a firm they can rely on for years to come.

Below, we’ve answered some of the questions we hear most often from clients and prospective clients about our approach to estate planning, trust administration, and working with our firm.

Can I speak with a real person?

Absolutely.

Estate planning is personal, and we believe our clients deserve direct access to knowledgeable professionals who can answer your questions and provide guidance.

Whether you are creating an estate plan, updating documents, or administering a trust, you’ll always be able to speak to a member of our team.

Will Foster Krueger still be here when my family needs help in the future?

Yes!

One of the advantages of working with an established firm is knowing that your estate planning documents and records are supported by a law firm that’s here for the long term.

Our firm has served families for more than 75 years, and we are committed to serving generations to come. We continually develop systems and processes designed to provide ongoing support to our clients, whether they need to review, update, or otherwise manage their affairs in the future.

When people create estate plans, they plan decades ahead. We believe they deserve a law firm that is doing the same.

What estate planning services do you provide?

At Foster Krueger, our goal is to help you create a plan that protects your loved ones, reflects your wishes, and gives you peace of mind for the future.

We offer a comprehensive range of estate planning services, including but not limited to:

Revocable and Irrevocable Trusts
Wills
Durable Power of Attorneys
Advance Healthcare Directives
Trust Administration
Special Needs Trust
Probate
Business Succession

Since every family is different, we feel it’s important to take the time to understand your unique goals and design a plan tailored to your needs.

Do I need to return to the attorney who drafted my trust for trust administration?

No.

While many clients choose to work with the attorney(s) who prepared their estate plan, there is no requirement that trust administration needs to be handled by the original drafting attorney.

We regularly assist trustees and families with trust administration matters involving trusts that were drafted by other attorneys or firms.

If you have been named as a trustee and are unsure where to begin, we would be happy to review the situation and discuss your options.

Why will I be charged for an estate planning consultation?

An estate planning consultation is much more than an introductory meeting; therefore, a cost is involved. We don’t simply explain our services; we begin gathering information that caters to your specific goals, so we can provide legal advice tailored to you.

During your consultation, we’ll learn about your family, finances, goals, and concerns. As we listen, we begin identifying legal issues, discussing planning options, and helping you understand strategies that best fit your needs. This valuable legal work requires experience, careful analysis, and professional judgment.

Rather than treating the consultation as our sales pitch to you, we treat it as the beginning of your estate planning process.

Why should I work with an attorney instead of using online resources or AI-generated estate plans?

Online resources, including AI tools, can be helpful for learning about estate planning and understanding common concepts. However, an estate plan is rarely a one-size-fits-all endeavor.

Over the years, we have reviewed many estate plans prepared through online services that contained lengthy provisions with missing language, conflicting instructions, or language that does not accurately reflect the client’s goals. In many cases, these issues are not discovered until after death or incapacity has occurred, which can create unnecessary confusion and complications down the line.

A thoughtfully designed estate plan should reflect your unique goals, family dynamics, assets, and long-term objectives. Rather than relying on standardized documents, we take the time to understand your circumstances and prepare a customized plan designed to work for your specific needs.

At Foster Krueger, we embrace technology where it improves efficiency, but we believe that there is no substitute for professional judgment and personal guidance when planning your family’s future.

Why won’t Foster Krueger amend a trust prepared by another attorney?

While every situation is different, we generally do not amend trusts that were originally drafted by another attorney. Since we weren’t involved in the original planning, we cannot guarantee that an amendment will work as intended with the existing trust or the estate plan.

A complete estate plan is more than a single document. Your trust, wills, powers of attorney, and advanced healthcare directive all work together to carry out your wishes. A revocable living trust, for example, is just one tool used to implement your overall estate plan. Changing one part of the plan without considering the others can unintentionally create conflicts or gaps that may not become apparent until after death or incapacity.

In many cases, trusts that were created years ago also contain outdated provisions, a change in law, or no longer reflect your current goals and family circumstances.

Rather than making changes to estate plans we did not prepare, we often recommend creating, amending, and restating the trust. This allows us to review your estate plan as a whole and ensure that all provisions work together, respect your wishes, and comply with current law.

Our goal is not simply to update a document; it is to provide you with an estate plan that you can feel confident will protect you and your loved ones for years to come.

Estate planning is a process, not simply a collection of documents.

Your circumstances, family, assets, and goals are unique, and your estate plan should be designed accordingly. At Foster Krueger, we take the time to understand those circumstances and provide the legal guidance needed to create a plan that reflects your wishes and protects the people who matter most.

If you’re considering creating an estate plan, updating one, or need assistance with trust or estate administration, we invite you to learn more about our legal services or contact the law firm to discuss your individual needs.

If you’re not sure where to begin, our Estate Planning Checklist is a helpful place to start. It outlines important issues and requirements to consider as you develop or review your estate plan.

]]><![CDATA[Tyler Krueger Earns California State Bar Legal Specialist Certification in Estate Planning, Trust, and Probate Law]]>Thu, 11 Jun 2026 17:53:40 GMThttps://www.fosterkruegerlaw.com/articles/tyler-krueger-earns-california-state-bar-legal-specialist-certification-in-estate-planning-trust-and-probate-law

Congratulations to Foster Krueger, APC Attorney, Tyler Krueger

The Law Firm of Foster Krueger, APC, is pleased to announce that partner Tyler Krueger has recently attained certification by the State Bar of California as a Legal Specialist in State Planning, Trust, and Probate Law, one of the legal profession’s most respected credentials for demonstrated expertise in this specialized area of practice.

With this milestone, Foster Krueger now has two attorneys holding the prestigious certification. Founding partner Del Foster has held his certificate of legal specialization since 2009.

About The California State Bar’s Legal Specialization Program

The California State Bar’s Legal Specialization program is designed to help the public identify attorneys who have demonstrated substantial experience, advanced knowledge, and professional competence in a particular field of law. Attorneys seeking certification must satisfy rigorous requirements, including extensive practice experience, continuing legal education, favorable evaluations from fellow attorneys and judges, and passage of a written exam in the legal specialty area.

"Tyler’s certification reflects his dedication to providing exceptional legal counsel and staying at the forefront of developments in estate planning, trust administration, and probate law. Our clients trust us with some of the most important decisions they will ever make for both themselves and their families. This certification underscores Tyler’s commitment to serving our clients with the highest level of expertise
and professionalism.”

—Del Foster, Principal of Foster Krueger, APC

A Focus on Estate Planning, Trusts, and Estate Administration

Tyler’s area of practice focuses on estate planning, trusts, and estate administration. His certification further strengthens the firm’s long-standing commitment to helping individuals, families, business owners, and retirees create customized estate plans that help protect assets, minimize uncertainty, and provide peace of mind for future generations.

“As estate planning laws and regulations continue to evolve, maintaining the highest level of professional education and specialization is critical. I am honored to earn this certification and look forward to continuing to serve our clients and community with the knowledge and care they deserve.”

—Tyler P. Krueger, Attorney, Foster Krueger, APC

About Foster Krueger APC

Serving the South Santa Clara County community and surrounding areas since 1956, Foster Krueger has built its reputation on personalized service, deep legal knowledge, and strong community involvement. The firm assists clients throughout Santa Clara, San Benito, Monterey, and Santa Cruz Counties in all matters involving estate planning, trusts, probate, business law, and related legal services.

]]><![CDATA[Senior Resource Fair Happening in Morgan Hill]]>Mon, 20 Apr 2026 20:30:23 GMThttps://www.fosterkruegerlaw.com/articles/senior-resource-fair-happening-in-morgan-hill

Senior Resource Fair Flyer; information repeatd below in text

Don't miss this Senior Resource Fair happening on Friday, May 15th, from 10 am to 1 pm in downtown Morgan Hill.

The Senior Resource Fair aims to connect the community with services and support designed for the aging population. Event highlights:

✅ Free event - open to all
✅ Free lunch for the first 200 participants
✅ Senior service providers and resources
✅ Healthcare providers and screenings
✅ Stanford Blood Drive
✅ Transportation is available!

📍The Morgan Hill Community and Cultural Center is located at 17000 Monterey Road in downtown Morgan Hill.

For more information about this event, or to arrange transportation, please call the Senior Center at 408-782-1284

For additional rsources for Senior Citizens available in Santa Clara and San Benito Counties, view our Resources page.

]]><![CDATA[Why Legal Representation Is Critical When Administering a Trust]]>Tue, 18 Nov 2025 18:16:35 GMThttps://www.fosterkruegerlaw.com/articles/why-legal-representation-is-critical-when-administering-a-trustBy Tyler P Krueger, Attorney at Law, The Law Firm of Foster Krueger

aerial view of attorney and client rviewing tust adminstration documents

If you've been named as a trustee of a trust, you might feel honored that someone has entrusted you with this responsibility. At the same time, you might also feel a bit overwhelmed with everything that is happening. Administering a trust isn’t simply a matter of following your loved ones’ wishes. The process involves complex legal, fiduciary, and financial responsibilities. While many people assume this process is simple and they can handle it on their own, failing to consult an experienced attorney can lead to costly mistakes that could otherwise be avoided.

Three reasons why it is important to retain a competent trust attorney to represent you throughout the trust administration process:

1. Legal Notices and Information Gathering

Being a trustee means you have a legal duty to act in the best interests of the trust beneficiaries and to carry out the terms of the trust. Rarely do trust documents contain step-by-step instructions on how to comply with the complicated laws of California. Indeed, the trust states who will receive the property in the end, but it contains little to no instructions on the mechanics to achieve this goal.

An attorney can guide you through the often complex steps of a trust administration, such as sending notices to beneficiaries and government agencies, collecting and inventorying trust assets, and paying debts, taxes, and expenses. An attorney can also help you manage and protect trust assets and, when the time comes, distribute those assets according to the instructions in the trust

Without legal advice, you may overlook key requirements required by the probate code that can result in significant consequences to you or the trust beneficiaries. A trust attorney ensures compliance with the law and helps guide you through each step of the administration. Otherwise, you may find yourself in the middle of a dispute or litigation.

2. Liability for Administering the Trust Incorrectly

Many trustees don’t realize that they can be held liable if something goes wrong. Beneficiaries have certain rights, and if a trustee makes a mistake, whether intentional or unintentional, they can be liable and subject to lawsuits by beneficiaries or creditors.

These mistakes and missteps can open the door to lawsuits, surcharge actions, or petitions to remove you from your trustee role. Even if your intentions are good or you made an honest mistake, the court can find that you violated your fiduciary duties. A trust attorney serves as both a guide and a shield, helping you act prudently to protect you from liability.

3. Getting a Trust Administration Attorney Saves Money in the Long Run

It may seem counterintuitive, but hiring an attorney often saves money—sometimes significantly. Generally, legal fees for administering a trust are paid from the trust itself, not out of your own pocket. More importantly, an experienced trust attorney can help you prevent costly errors, avoid tax penalties, resolve beneficiary disputes early, streamline the administration process, and assist you in administering the trust efficiently, thereby reducing unnecessary delays

For example, if you distribute assets before paying creditors or taxes, you could face personal liability or have to pursue beneficiaries to “claw back” funds (often an impossible task). A small upfront investment in legal help can prevent these financial headaches and add a layer of protection.

We're Here to Help Trust Administrators

Administering a trust is a legal process, not just a personal favor. This is not a process you have to do alone. Retaining legal representation ensures that you fulfill your duties correctly, minimize your risk of liability, and protect yourself and the trust’s assets.

Whether you're serving as a trustee for a friend, family member, or client, the smartest move you can make is to consult a trust attorney early in the process. The attorneys at Foster & Krueger have extensive experience in representing individual and professional trustees through a variety of complicated trust administrations.

]]><![CDATA[The Rise of The Psychiatric Advanced Directive (PAD)]]>Wed, 27 Aug 2025 21:03:52 GMThttps://www.fosterkruegerlaw.com/articles/the-rise-of-the-psychiatric-advanced-directive-padBy Arash Shabany, Law Clerk, The Law Firm of Foster Krueger

Close up of peoples' hands sitting in a waiting room

What is a PAD?

A legal instrument that has recently grown in popularity is the Psychiatric Advance Directive (PAD). The PAD lets you clarify your mental health treatment preferences in advance of a mental health crisis, while you are capable of making decisions about your care.

A PAD may be a portion of your Advanced Health Care Directive, but can also serve as a standalone document.

Life can be quite unpredictable, and there may be moments in the future when you don’t feel well enough or are unable to make decisions regarding your mental health treatment. The PAD lets you take control now and helps guarantee your wishes are fulfilled.

Who Should Have a PAD?

Anybody with a documented mental health condition, such as depression, bipolar disorder, OCD, or anxiety, needs a PAD. Even if you are doing well now, a PAD serves as a reassurance, making certain that your voice is heard during challenging times.

Additionally, a PAD isn't just for those with existing mental health conditions—it’s also a tool for anyone who wants to plan for the unexpected, including the possibility of incapacity due to age, illness, or an emergency.

What Constitutes a PAD?

Like an Advanced Health Care Directive, you must first designate a health care agent, someone you trust to make decisions as authorized in your PAD.

The rest of the PAD constitutes your preferences for treatment, including but not limited to:

Preferred physicians and psychiatrists
Preferred treatment facility in the case of 24-hour care
Who should be notified of your admission to a treatment facility
Your choices regarding routine medications for psychiatric treatment, especially medications you refuse to take or the maximum dosages of medications you are willing to take
Your choices for methods to avoid emergency situations
Your preferred emergency intervention(s)
Your consent or refusal to undergo electroconvulsive therapy
People are prohibited from visiting you
And any other mental health care instructions

Ready to Plan Ahead?

Whether you're managing mental health conditions or simply preparing for an unforeseeable future, a Psychiatric Advance Directive is a practical step to take control of your well-being. You can visit our Legal Resources Page to review and download a copy of a blank Advanced Healthcare Directive form and the Psychiatric Advanced Directive on our website.

If you’d like to learn more or start creating your PAD, please contact us today. We’re here to guide you through every step of the process and reduce any worries you may have.

]]><![CDATA[The Real ID Dilemma: How to Legally Change Your Name]]>Fri, 22 Aug 2025 15:14:53 GMThttps://www.fosterkruegerlaw.com/articles/the-real-id-dilemma-and-how-to-legally-change-your-nameBy Arash Shabany, Law Clerk, The Law Firm of Foster Krueger

close up of stack of documents including passport, social security card and drivers license

The Real ID Dilemma

With Real ID now fully implemented across the country, many Americans are discovering that the name on their driver’s license or state-issued ID does not match the name listed on their birth certificate or other legal documents. Whether due to marriage, divorce, adoption, clerical errors, or years using a different name, these discrepancies can prevent you from obtaining a Real ID, which is required for traveling domestically and entering federal buildings.

While there are temporary workarounds at the airport, the only permanent solution is to correct the record through a legal name change.

The Legal Name Change Process

The process of legally changing one’s name is generally straightforward but takes several months to complete. In certain cases, it can take significantly longer.

The legal process begins with preparing and filing a formal petition with the court, along with the required forms. Then, your attorney will coordinate the legally required publication notice. This notice must be published in a local newspaper once a week for four consecutive weeks before the court hearing.

Fortunately, these hearings are routine, and judges approve name changes without requiring an in-person or virtual appearance.

Once the judge issues the signed Decree, the law office will provide you with a certified copy. Here in California, you will then take this document to the Department of Motor Vehicles (DMV) to update your records and complete the DMV’s Real ID application.

Traveling Without a Real ID?

Given the time involved in completing a name change, you may need to travel before receiving your Real ID. Currently, the Transportation Security Administration (TSA) still permits travelers without a Real ID to fly. However, you may be directed to a separate screening line and required to undergo additional identity verification, during which an agent may collect personal information, such as your current address, to confirm your identity.

So, if you’re flying without a Real ID, it is strongly recommended that you arrive at the airport at least one hour earlier than usual. For the most current information, please consult the TSA’s official website.

We Are Here to Assist With Name Changes

At The Law Firm of Foster Krueger, we’ve handled many name change matters over the past year, and we anticipate continued demand as Real ID enforcement expands. If you are facing this issue and require legal assistance, please contact us today. We are committed to making the process as efficient and smooth as possible — so you can update your ID and travel with confidence.

]]><![CDATA[Del Foster ON "The Basics" of Estate Planning]]>Thu, 09 Jan 2025 23:40:27 GMThttps://www.fosterkruegerlaw.com/articles/del-foster-presents-the-basics-of-estate-planning

Planning for the End - A Series of Free Community Programs

The Law Firm of Foster Krueger has partnered with the AAUW and Peggy Martin of Family Wealth Consulting Group to provide an essential and helpful series of free events. The first of which, on "The Basics" of estate planning presented by Del Foster, was held at the Morgan Hill Library last week, but there are three more upcoming programs in the series. Mark your calendar for:

✏️Details - Get your Ducks in a Row - on Wednesday, February 5th, 2025

✏️Declutter - Get Rid of Your Stuff - on Tuesday, March 4th, 2025

✏️Legacy - How Do You Want to be Remembered? - on Tuesday, April 1st, 2025

Join us for the remaining programs and learn "how not to leave a mess for your loved ones." All events in the series are held at the Morgan Hill Library in Morgan Hill, CA.

]]><![CDATA[New Federal Requirements for BUsinesses]]>Wed, 21 Feb 2024 21:55:27 GMThttps://www.fosterkruegerlaw.com/articles/new-federal-requirements-for-businessesBy John C. "Del" Foster, Attorney at Law and Certified Specialist Estate Planning, Trust and Probate Law

New Federal Reporting Requirements Effective January 1, 2024

Effective January 1, 2024, the Corporate Transparency Act, 31 U.S.C. § 5336, requires, with some limited exceptions, all newly-created domestic and foreign corporations and other legal entities to submit certain information about their beneficial owners directly to the U.S. Treasury’s Financial Crimes Enforcement Network (“FinCen”).

Legal Entities Created Before January 1, 2024 Have Until January 1, 2025 to File Their Initital Report

Legal entities created prior to this date will have until January 1, 2025 to file their initial report with FinCen.

This is a one-time filing provided none of the reported information changes. In the event any reported information changes, applicable entities are required to file an amendment within thirty (30) days of any change. Failure to comply with the reporting requirements and deadlines may result in significant monetary and, potentially, criminal penalties.

For more information, please see Small Entity Compliance Guide: Beneficial Ownership Information Reporting Requirements published by FinCen, which can be accessed and downloaded via this link:
https://www.fincen.gov/sites/default/files/shared/BOI_Small_Compliance_Guide_FINAL_Sept_508C.pdf

Legal Assistance is Available

We are available to discuss this Federal compliance issue with you and assist you with completing and reporting the required information. Should you have any questions about this new reporting requirement or any other Business Planning issues please contact us.

]]><![CDATA[USING A “SMALL ESTATE AFFIDAVIT” TO AVOID PROBATE IN CALIFORNIA]]>Wed, 31 Aug 2022 07:00:00 GMThttps://www.fosterkruegerlaw.com/articles/using-a-small-estate-affidavit-to-avoid-probate-in-californiaBy John C. Clark, Attorney at Law

Decorative image of house shaped planter with succulent and a spilled jar of coins

California law provides a procedure for avoiding the probate of an estate if the total value of the estate falls below a certain threshold and satisfies other conditions. If the estate qualifies as a “small estate,” the executor of the will or next of kin (in an intestate estate) may collect assets without the need to file a petition in probate court to accomplish the same, thus saving significant time and expense.

What qualifies as a “small estate”?

A qualifying estate is one where the decedent died either with or without a will but with a low total gross value of their assets. In California, this means less than or equal to $166,500 if the decedent passed before April 1, 2022, or $184,500 if the decedent died on or after April 1, 2022. The total gross value of the assets includes all real and personal property.

Given these limitations, most estates in California which include real estate are not likely to qualify as a “small estate.” As a result, this small estate affidavit is principally used to gather assets held in bank accounts or other financial institutions.

In handling retirement accounts, including 401K, pensions, and IRA accounts, the decedent should have designated an individual or individuals as direct beneficiaries. In doing so, these assets can usually be excluded from probate or a small estate affidavit.

However, where the decedent failed to designate a pay-on-death beneficiary properly, or if the beneficiary named is the decedent’s estate, the assets would be included in any small estate calculation and are also subject to retrieval via the small estate affidavit.

While the California Legislature intended that this procedure be relatively simple for determining small estate qualification and completing paperwork, it is not unusual that the determination can become complicated by various factors. In such a situation, the estate executor should consult an attorney.

Who can present and use a Small Estate Affidavit?

For a decedent who died with a will, the designated executor of the will would be the person who may properly complete and submit a small estate affidavit.

If the decedent died without a will, a person who has a right to inherit under the laws of intestate inheritance would possess the authority to gather assets through the small estate affidavit. Under intestate succession laws, that would usually be a surviving spouse, parent, or child. If neither exists at death, then perhaps a sibling, cousin, or niece/nephew may be an appropriate applicant.

How do you obtain and complete the Small Estate Affidavit?

If the estate qualifies as a “small estate,” and if you are the appropriate representative or next of kin, then you should obtain a small estate affidavit form from the county's probate court in which the decedent was a resident at the time of death.

The affidavit can usually be obtained easily online from the county probate court’s self-help center or through an internet search. Here is a link to the affidavit form provided by the California Judicial Council.

You will need to include attachments to the form, which include a certified copy of the death certificate, proof that the decedent owned the property you are listing, proof of your identity, and an inventory and appraisal of any real property owned by the decedent.

In addition, you’ll need to complete “Form DE-160” if real property is applicable. Although this form is not required to be notarized by the Probate Court, most financial institutions will require it to be notarized to accept the document as authentic and release the assets to the applicant. Also, you will need to obtain the signatures of other persons who are legally entitled to inherit where the decedent died intestate or where the will names co-executors.

What is the process for transferring assets?

You must wait at least 40 days after the date of death before presenting the affidavit and attachments to any person or company holding the property sought to be obtained. Once obtained, the assets should be carefully accounted for and then distributed pursuant to the instructions in the will or according to the intestate succession laws.

In addition, there may be income tax issues that can arise, so it is strongly advised that you consult with an attorney and an accountant before distributing funds to beneficiaries.

Don't Hesitate to Get Legal Assistance

Although this Small Estate Affidavit procedure in California is intended to be simple, it can still be complicated and confusing. Consult with a probate attorney for assistance. It’s a small price to pay, and beneficiaries can share the legal expenses. Our attorneys are available to discuss comprehensive estate planning with you. Contact us today.

]]><![CDATA[ADA COMPLIANCE FOR SMALL BUSINESS WEBSITES]]>Sun, 20 Mar 2022 07:00:00 GMThttps://www.fosterkruegerlaw.com/articles/ada-compliance-for-small-business-websitesBy John C. Clark, Attorney at Law

a clodeup of a keyboard with an wheelchair icon on one key

Is your website a "place of public accommodation"?

Title III of the Americans with Disabilities Act (ADA) forbids discrimination on the basis of disabilities and requires that “places of public accommodation and commercial facilities to be designed, constructed, and altered” in compliance with standards for accessibility. Since the ADA was enacted in 1991, when company and commercially based websites were mostly non-existent, the issue of whether websites constitute “places of public accommodation” and subject to ADA compliance has been in need of some definition and guidance.

All privately owned websites offering services to the general public must comply with Web Content Accessibility Guidelines.

In 2010, the Department of Justice announced it would issue regulations concerning accessibility of websites under Title III, but such guidance has generally consisted of proposed rules and regulations without finalization or implementation.

The current position of the DOJ is a requirement that all privately owned websites offering services to the general public must comply with Web Content Accessibility Guidelines 2.0, Level AA, issued by the World Wide Web Consortium (WWWC.) The requirement is based on whether the website is a place of public accommodation in itself or is a service of a place of public accommodation.

One problem, however, is that a business owner who Googles the WWWC guidelines will review a lengthy document that isn’t comprehensible to anyone other than an experienced computer engineer or programmer. The California legislature undertook to draft some guidelines for its citizens and businesses, but nothing will be forthcoming any time soon.

There has been some recent web accessibility guidance from the courts.

The U.S. 9th Circuit (covering the western states, including California) has interpreted the term “place of public accommodation” to require some connection between the goods or services complained of and an actual physical place. However, other jurisdictions have ruled differently. The U.S. Supreme Court has not provided any guidance in this area as yet.

California, in addition to the ADA requirements, has the Unruh Civil Rights Act and the California Disabled Persons Act, which provide for minimum damages and attorney fees for successful claimants of discrimination.

One California case involving Domino’s Pizza asked whether its website and mobile application lacked adequate written descriptions for their images, which prevented the plaintiff (who was blind) from using the platforms to order food from the restaurant. The court concluded that the website and phone app were connected to the physical locations and thus subject to the ADA requirements. This ruling, which the U.S. Supreme Court refused to review, means that businesses need to determine whether and how the ADA, and Unruh Act, may require compliance for a company’s website.

There has been an increase in predatory plaintiff demands.

Recently, we have become aware of predatory plaintiffs who purport to visit company websites and issue compliance demand letters from an attorney. Then, following the compliance letter, a demand for payment of damages follows.

A review of the demand letters makes apparent the claimant is not a legitimate consumer or normal visitor to the website but is only seeking monetary damages and attorney fees. Thus, we suggest an ounce of prevention now instead of the prospect of litigation later.

Indeed, the minimum damage award under the Unruh Act is $4,000 plus reasonable attorneys fees. Thus, a violation of the ADA requirements would likely result in a settlement of between $5,000 - $10,000 in addition to the cost of making your website compliant with ADA standards.

The best way to prevent predatory ADA claims is to ensure your small business website is accessible.

We recommend that you contact your website administrator and request that your website be reviewed for ADA compliance. If compliance is needed, you may require a major overhaul, or it could be as simple as installing an add-on program to your website. One such product is from Accessibe.com, installs in minutes, and has a relatively low monthly license fee. Should you wish to discuss further or wonder whether your business operation requires ADA compliance for your website, feel free to contact our firm.

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