E-Space Inclusion: A Case for the Americans with Disabilities Act in Cyberspace

Abstract

Consumers who are blind or visually impaired face greater risks of injury from deceptive or fraudulent online advertising practices that may be difficult to define as unlawful or misleading under the Federal Trade Commission (FTC) Act. The FTC's clear and conspicuous requirements are not adequate to ensure effective communication with blind or visually impaired consumers. This article suggests that the Americans with Disabilities Act needs to be expanded to include commercial Web sites and more specific definitions of disabilities. Disability-specific accessibility guidelines should also be incorporated into the FTC's clear and conspicuous requirement in order for online advertisements to minimize visually impaired consumers’ risk of injury. The author discusses technological barriers to Internet access and their implications for marketing operations and policy reform.

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