As Parks account manager, it is on my plate to follow up with you however I had to convene with my main contact Jenni first and wait for a response. I got one last night, so I will be reaching out to you on your specific set of requests.
As for your comments on who should be responsible:
First of all: Most of this is not a web development (or developer) issue, it is an education issue. The vast majority of things that get called out are things that are related to the customers implemented content and can be adjusted by the customer (things like implementing alt tags in your images, scripts or captioning for your videos etc). Education is important, and we do our best to ensure we have content available for customers to educate themselves (including these forums) example https://www.realestatewebmasters.com/blog/ada-compliance-for-real-estate-webmasters-clients/ however ultimately it is the consumers responsibility to know and adhere to the laws of their country, state, MLS board rules etc.
2: ADA Guidelines: As you have no doubt read, while being “accessible” is law, there are no clear guidelines (And thus no enforcable policies) for ADA and thus it is not reasonable to expect or demand a web developer to adhere to a set of guiidelines, when in fact guidelines are not defined. WCAG 2.0 is certainly a good set of “recommendations” but it has nothing to do with actual ADA law or Fair housing.
3: Fair housing: This is a new one and there is no precedent. We understand that there is a new law firm trolling Florida real estate firms. We understand that this is stressful, confusing and frustrating. We do not appreciate any kind of legal trolling or ambulance chasing of any kind but it does happen, and being harassed or threated never feels good. We are here to be your partners in this, we support you, and we will help educate you etc but please know, this is a new and evolving situation and we do not have all the answers for you right now.
4: Customizations required: In the meantime, if you don’t have the expertise or time to do the work being asked, or if you have a custom site and would like to request our professional services do this work for you, we are happy to do it, but we are a fee for service company. Assisting individual customers comply with legal demands is not part of our SLA or mandate nor are we a party to any actions in any of these lawsuits (imaged or legitimate). It can be a lot of work (depending on how much content you have or how much you have customized) and professional web developers are expensive. We’ll do the work, but hopefully you can understand, that auditing, updating your content or custom site must be on your retainer time. It is not something we can pay for. For more on our TOS when it comes to custom work, please refer to https://www.realestatewebmasters.com/termsofservice/terms-conditions/
And finally, as a note (and a go forward) it is important you understand we are taking action.
Steps taken so far:
Consult with colleagues in the US (including legal colleagues, brokers, and team owners). Please keep in mind, we are an international client base company and HQ in Canada, so these issues are regional and complex.
Consult our own legal team to review our TOS and any obligations we may have in these matters.
For our own products that we are currently selling (Vision and soon to be Sagittarius) we have hired an ADA consulting firm to do a full audit of the front end of our products and produce recommendations. We will be providing these recommendations to our clients, as well as updating our sites where it makes sense to do so. This is again, not because specific ADA requirements exist, but because it is a good idea to do so (why not make ourselves more accessible and be able to provide a better user experience and something our cleints can brag about, right?)
Again, this is all very new, and I appreciate your frustration. Please understand, we are here to support you (we are not the troll lawyers coming after you, we’re the good guys). It sucks that you’re going through this, and we will do what we can to help you.
None of what is said here is legal advice and we do recommend that all clients get their own legal counsel to advise them.
We will provide updates as we have them (in the coming weeks) but in the meantime, if you do require updates to be made to your website, you can order them through your account manager.
Jason, I will reach out to your directly, as I am the Parks account manager.