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The Hidden Website Risk Many Business Owners Never See Until It’s Too Late
At Creative Marketing Arts, we meet business owners every day who are doing everything right. They care about their customers. They invest in marketing. They trust professionals to help them grow.
And yet, one overlooked detail continues to put even the best businesses at risk.
Website compliance.
Many business owners assume that if a website looks good and functions well, it must be compliant. Unfortunately, that is not always the case.
We recently learned about a business owner who trusted their marketing company to fully handle their website. What they did not realize was that two critical protections were missing: ADA website accessibility and proper privacy and cookie disclosures. That oversight led to a costly legal situation that could have been avoided.
This type of situation is becoming increasingly common, which is why we believe education is just as important as marketing.
Why Website Compliance Matters Today
Website compliance is not about scare tactics or technical jargon. It is about protecting your business, your customers, and your reputation.
Two areas are driving lawsuits, settlements, and forced website changes across the country:
ADA website accessibility
Privacy and cookie compliance
Both affect businesses of every size, including small and local companies.
ADA Website Accessibility Explained Simply
The Americans with Disabilities Act exists to ensure equal access for individuals with disabilities. Today, courts increasingly recognize business websites as places of public accommodation.
This means your website should be usable by people who rely on:
- Screen readers
- Keyboard navigation
- Clear color contrast and readable text
- Captions or transcripts for audio and video content
Many business owners are surprised to learn that websites can be the basis for ADA lawsuits. These cases are typically civil lawsuits, not government fines, but the costs add up quickly once legal fees, settlements, and required fixes are involved.
Privacy and Cookie Compliance Is Just as Important
If your website uses analytics, contact forms, tracking pixels, or advertising platforms, it is collecting user data.
Privacy laws such as GDPR and CCPA require websites to clearly explain how data is collected and used. In many cases, users must also be given choices regarding cookies and tracking.
Missing or unclear privacy disclosures can lead to complaints, legal action, and loss of consumer trust.
Why “My Marketing Company Built It” Is Not Enough
This is one of the most important things business owners need to understand.
Even if your website was built or managed by a third party, the responsibility for compliance ultimately falls on the business owner. Courts do not accept vendor oversight as a defense.
That is why understanding compliance is essential, even if you do not handle the technical side yourself.
10 Reasons Website Compliance Is No Longer Optional
- Website lawsuits are increasing every year
- Small and local businesses are common targets
- Compliance costs far less than legal action
- Accessibility supports people of all abilities
- Search engines favor accessible, well-structured websites
- Transparency builds trust with your audience
- Noncompliance can damage your reputation
- Websites change and compliance must be maintained
- Ignoring the issue does not eliminate the risk
- Peace of mind is invaluable for business owners
Our Philosophy at Creative Marketing Arts
We believe marketing should support your business, not expose it to unnecessary risk.
A compliant website is not just a legal safeguard. It reflects professionalism, care for your audience, and long-term thinking.
That is why we help clients understand what compliance means, why it matters, and how to stay protected as their business grows.
If you are unsure whether your website meets accessibility and privacy standards, Creative Marketing Arts can help you understand where you stand. We work with business owners to identify potential compliance gaps, explain what matters most, and support long term website health as your business grows.
Reach out to our team to start the conversation and make sure your website is supporting your business, not putting it at risk.
This blog will be followed by a practical website compliance checklist. Check back next week for that resource.
This content is for informational purposes only and does not constitute legal advice.
AUTHOR
Kim Kelley, Marketing Guru
Kim Kelley is the founder of Creative Marketing Arts, a California-based marketing agency specializing in digital strategy, experiential events, and community-driven campaigns. With over 30 years in the shopping center industry, Kim blends creative ideas with data-driven marketing to deliver innovative solutions for REIT advertising and brand engagement. With an eye for detail and a passion for results, she helps clients discover Out of the Box strategies that connect with audiences and build loyalty.
CMA partners with local and national brands to create meaningful connections that inspire action. The full service marketing agency proudly supports community causes, including the Homeless Assistance Resource Team (HART) and the Sacramento SPCA, by donating a portion of proceeds from every event to help families and animals in need.