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  • ADA-Compliance Fines: How Much Will You Pay?

    Have you ever tried to use a website that was confusing, cramped, or just plain hard to read? Now imagine how much more frustrating it could be if you were relying on a screen reader or keyboard navigation because of a disability. That’s where ADA-compliance comes in. It’s about making sure everyone—regardless of ability—can enjoy and use your website.

    If your site isn’t ADA-compliant, you could be responsible for major fines. These penalties can reach tens of thousands of dollars and climb even higher for repeat violations. Besides the financial hit, failing to comply can scare away customers, invite negative press, and harm your brand. It’s not a pretty picture.

    Below, you’ll find a guide that combines vital insights about ADA-compliance: what it is, who needs to follow it, how fines are calculated, and how to avoid common slipups. Let’s jump in.

    The Americans with Disabilities Act (ADA)

    The Americans with Disabilities Act (ADA) was signed into law in 1990 to ensure that people with disabilities are treated fairly in various aspects of life. It was originally applied to physical spaces, such as offices, restaurants, and other public venues. However, as online services and websites became central to daily life, courts began to include the digital space under ADA regulations.

    Who Needs to Follow ADA-Compliance?

    If your website or digital tool is offered to the public, you likely need to comply with the ADA. This includes large retailers, small businesses, nonprofits, government sites, and e-commerce stores with no physical location. Courts often view websites and apps as “public accommodations,” meaning they must be as open to everyone online as a physical store or library is in person.

    Even if you do have a storefront, you might be surprised to learn that ADA-compliance still matters. As long as people can visit your digital space, you have a legal duty to make it accessible to those with disabilities.

    ADA Compliance Fines and Penalties

    The ADA has five main sections, or “titles”:

    1. Title I: Employment – Overseen by the Equal Employment Opportunity Commission (EEOC).
    2. Title II: Public Services – Managed by the Department of Justice (DOJ).
    3. Title III: Public Accommodations – Also enforced by the DOJ.
    4. Title IV: Telecommunications – Governed by the Federal Communications Commission (FCC).
    5. Title V: Miscellaneous Provisions – Covers other ADA rules and details.

    Both government agencies and private individuals can bring a lawsuit. If the DOJ believes your violation is especially serious, it might launch an investigation, require you to pay fines, and order you to fix your site. Individuals who face barriers can also sue you for blocking their access.

    Fines for Non-Compliance

    If you’re found guilty of violating ADA-compliance, the penalties can be steep:

    • First-Time Violations: Penalties can range from a few thousand dollars up to $75,000.
    • Repeat Violations: If an organization violates the ADA again, the fines can rise to $150,000 or more.
    • Legal Fees: You may also have to cover legal costs for both your own business and the person who filed the complaint.

    Fines can grow even higher if the problem persists. Business owners sometimes face ongoing penalties until they fix the issues. This can take a heavy toll on smaller companies that do not have large budgets. Apart from financial damage, there is also the risk of negative press. A major lawsuit can harm your brand and push potential customers away.

    Common ADA Violations

    Many people do not realize their websites have barriers for users with disabilities. The following are some of the most frequent problems:

    1. Lack of Alt Text for Images: Screen readers rely on alt text to describe images. Without it, a person with a vision impairment might not know what the image shows.
    2. Videos Without Captions: People who are deaf or hard of hearing need captions to understand the audio. Captions also help users who cannot listen to sound at a given moment.
    3. Poor Color Contrast: Text that blends into the background is difficult to read. High contrast between text and background helps everyone.
    4. Missing Labels on Forms: Online forms should have clear labels for each field. Labels guide screen readers and offer clarity to all users.
    5. Keyboard Navigation Problems: Some users cannot navigate a website with a mouse. They rely on the keyboard instead. If your site has items that cannot be accessed by tabbing or arrow keys, it may cause trouble.

    Lawsuits and Legal Actions

    Government-Initiated ADA Lawsuits

    If the Department of Justice sees your company as a major offender, it might file a lawsuit. This can lead to large fines, mandatory site changes, and ongoing monitoring. Past cases, like H&R Block and Peapod, show the DOJ doesn’t hesitate to step in when businesses ignore ADA-compliance.

    Private ADA Lawsuits

    Users who encounter barriers on your site can also file a suit. In states such as California, the Unruh Civil Rights Act sets a $4,000 penalty for each violation, while in New York, the Human Rights and Civil Rights Acts allow for legal action. These laws often motivate people to bring cases in states where they see better chances of winning.

    Costs Beyond Fines

    • Legal Fees: Defending a lawsuit can rack up thousands in attorney fees.
    • Settlements: Many businesses settle out of court, which still means paying money and fixing the accessibility issues.
    • Reputation Hits: Negative headlines can scare off customers and partners alike.

    Practical Tips to Stay ADA-Compliant

    Knowing what the common problems are is a good start. Here are practical steps to fix them:

    1. Follow WCAG Standards: Aim for at least Level AA of the Web Content Accessibility Guidelines (WCAG) 2.2.
    2. Run Accessibility Audits: Regularly audit your website for accessibility issues. There are tools available online that can help you identify problems, such as missing alt text for images or issues with color contrast. Consulting with a specialist firm like 216digital to conduct a thorough audit can also be a wise investment.
    3. Train Your Team: Train your staff, especially those involved in website management and content creation, about the basics of ADA-compliance.
    4. Gather User Feedback: People with disabilities can test your site and point out areas that need work.
    5. Stay Informed and Up-to-Date: Web accessibility standards and best practices can evolve over time. Stay informed about any changes and make updates to your website as necessary to remain compliant.

    Conclusion: Start Your ADA-Compliance Journey Now

    ADA-compliance isn’t just about avoiding fines or lawsuits—it’s about building a more inclusive online world. By making your site accessible, you allow people from all backgrounds and abilities to connect with your brand. This fosters loyalty, trust, and a sense of community among your visitors. Yes, ignoring ADA-compliance can lead to huge fines and serious legal trouble, but it also means losing out on customers who might truly need your services.

    Don’t wait for a lawsuit or a complaint letter before you act. Every day that passes is another chance for your website to be more welcoming and user-friendly. If you’re unsure about where to start or need a partner to guide you, we’re here to help.

    Schedule a briefing with 216digital using the contact form below to talk about your website’s accessibility needs. Our dedicated team will walk you through each step, from identifying problem areas to crafting a clear plan for full ADA-compliance. With the right support, you’ll not only protect your business—you’ll create a digital space that people can appreciate, trust, and enjoy.

    Greg McNeil

    February 17, 2025
    Legal Compliance
    accessibility laws, ADA Compliance, ADA Lawsuits, Web Accessibility
  • Why Legal Compliance for Websites Matters in Canada

    Imagine landing on a website and feeling stuck because you can’t navigate it properly, read the content, or interact with its features. Frustrating, right? Now imagine that being your daily reality. For many people with disabilities, this is how they experience the web.

    That’s where web accessibility comes in. It’s about making sure everyone—regardless of ability—can use websites with ease. Not only is this the ethical thing to do, but it’s also a requirement for legal compliance for websites in Canada and beyond.The good news? It’s easier to achieve than you might think, and it comes with benefits that go far beyond ticking a legal box.

    Why Web Accessibility Matters

    Web accessibility ensures that everyone, including people with disabilities, can use your website effectively. In Canada, over one in five people have a disability. By making your website accessible, you’re opening it up to a wider audience, improving your SEO, and building a stronger brand.

    Failing to address accessibility can exclude potential users, harm your reputation, and even lead to fines or lawsuits. But accessibility isn’t just about avoiding risks—it’s about fulfilling legal compliance for websites and showing you care about inclusivity while meeting the needs of all your customers.

    It also gives your business a competitive edge. Many Canadians prefer to support brands that align with their values, including social responsibility. In fact, 25% of Canadian consumers choose brands that demonstrate inclusivity. Making your website accessible shows you’re committed to these values and helps build trust with your audience.

    Accessibility Laws in Canada: What You Need to Know

    Canada’s federal and provincial laws require businesses to make their websites accessible. All these laws align with the Web Content Accessibility Guidelines (WCAG), creating a consistent standard nationwide. Below is a quick overview:

    • Accessible Canada Act (ACA): Aims for a barrier-free Canada by 2040. Federal organizations must remove barriers, including those on websites.
    • Accessibility for Ontarians with Disabilities Act (AODA): Requires Ontario businesses to meet WCAG 2.0 Level AA by 2025. Non-compliance can result in fines of up to $100,000 per day.
    • Accessibility for Manitobans Act: Focuses on removing barriers, including in technology, with WCAG compliance and staff training required.
    • Nova Scotia Accessibility Act: Aims for a fully accessible province by 2030, with penalties up to $250,000 for violations.
    • Accessible British Columbia Act: Requires websites to meet WCAG standards, with full implementation by 2024.

    These laws emphasize legal compliance for websites to create inclusive digital spaces while highlighting the risks of non-compliance, such as significant fines and damage to your brand’s reputation.

    What is WCAG?

    The Web Content Accessibility Guidelines (WCAG), developed by the Wide Web Consortium (W3C), are the global standard for creating accessible websites. These guidelines provide a framework for ensuring that web content is usable by people with a wide range of disabilities, including visual, auditory, physical, speech, cognitive, and neurological disabilities.

    WCAG is built on four core principles, ensuring that websites are:

    • Perceivable: Content must be presented in ways that all users can perceive, whether through sight, hearing, or touch.
    • Operable: Navigation and interaction must be functional using various input methods, such as keyboards, voice commands, or assistive devices.
    • Understandable: Information and the operation of the user interface should be clear and intuitive.
    • Robust: Websites must work with a variety of assistive technologies, including screen readers and text magnifiers

    The guidelines are structured across levels of compliance: A (basic), AA (intermediate), and AAA (advanced). For instance, under laws like AODA, Ontario businesses must meet WCAG 2.0 Level AA standards.

    Why Accessibility is a Smart Move for Canadian Retailers

    Let’s talk business for a minute. Canadians with disabilities represent a market with over CAD 55 billion in annual purchasing power. Making your website accessible means you’re opening your doors to this massive audience.

    Accessibility also tackles common issues like shopping cart abandonment. Did you know the average cart abandonment rate is 70%? For users with disabilities, it’s probably even higher—often due to frustrating website designs. By improving accessibility, you’re making it easier for everyone to shop with you, which can boost your sales.

    On top of that, Canadians expect brands to align with their values. Studies show that 16% of consumers will stop supporting businesses that don’t prioritize social responsibility. Making your site inclusive sends a clear message: you care about your customers, and you’re committed to doing the right thing.

    Why Accessibility Benefits Everyone

    When you make your website accessible, you’re not just meeting legal compliance for websites—you’re gaining a ton of other advantages:

    • Inclusivity: Your website becomes usable for everyone.
    • Better SEO: Search engines love accessible websites, so you’re more likely to rank higher.
    • Wider Audience: You’re opening up your site to millions of Canadians with disabilities.
    • Stronger Brand Image: Being inclusive shows you care about your customers.
    • Legal Protection: You’ll avoid fines and lawsuits, while building a more user-friendly site.

    Steps to Make Your Website Accessible

    Not sure where to start? Here’s a simple game plan to get your site on the right track:

    1. Audit Your Site: Use tools like WAVE and Lighthouse to spot accessibility issues.
    2. Learn WCAG Standards: Get familiar with WCAG 2.0 or 2.1 Level AA guidelines.
    3. Fix the Basics: Add alt text to images, ensure keyboard navigation works, and include captions for videos.
    4. Get Feedback: Work with users who have disabilities to test your site.
    5. Educate Your Team: Train your staff on accessibility best practices.
    6. Call in the Pros: Accessibility consultants can help with trickier issues.
    7. Stay Updated: Keep up with changes in accessibility standards and laws.

    The Risks of Ignoring Accessibility

    Skipping accessibility isn’t just a bad look—it’s risky business. For example, AODA violations can cost corporations up to $100,000 a day. But the financial cost is just part of the problem.

    An inaccessible website can damage your reputation and alienate a large chunk of your audience. People want to support brands that align with their values, and being seen as inaccessible could send them straight to your competitors.

    Building a More Inclusive Future

    Legal compliance for websites is more than a regulatory checkbox—it’s an opportunity to create a welcoming digital space for everyone. By prioritizing accessibility, you not only expand your audience but also demonstrate your commitment to inclusivity and social responsibility. Canadians value businesses that align with their beliefs, and web accessibility is a clear way to build trust and loyalty while fostering meaningful connections with your customers.

    Achieving accessibility doesn’t have to be overwhelming. Simple steps like conducting audits, adhering to WCAG standards, and training your team can make your website more inclusive and user-friendly for all. Accessibility isn’t just about meeting legal requirements—it’s about creating a future where everyone can participate equally in the digital world.

    Ready to take the next step? Partner with 216digital for expert guidance on legal compliance for websites. From comprehensive audits to ongoing support, we’ll help you achieve compliance and build a more inclusive online experience. Schedule your ADA briefing today!

    Greg McNeil

    January 20, 2025
    Legal Compliance
    Accessibility, accessibility laws, AODA, Canada, International Accessibility Laws, Legal compliance, Website Accessibility
  • 2025 Web Accessibility Standards & Requirements

    The digital world is changing fast, and the 2025 ADA web accessibility standards are right around the corner. For public entities and businesses, the countdown to compliance has begun. But this isn’t just about ticking legal boxes—it’s a chance to create online spaces that everyone can access and enjoy.

    From keeping track of important compliance dates to navigating global standards like the European Accessibility Act, this guide has everything you need to stay ahead. Whether you’re running a local government site or a growing business, you’ll find actionable steps to get your website up to date with the latest accessibility standards. Let’s break it all down so you can be prepared for what’s coming.

    Key Dates for Compliance

    Staying on top of the timeline is crucial for meeting the new ADA Title II accessibility standards. Here’s the scoop on the most important deadlines for public entities:

    • April 24, 2026: Public entities in cities or counties with 50,000 or more residents must comply with the updated standards.
    • April 24, 2027: Smaller public entities—those in areas with fewer than 50,000 people—have an extra year to meet these same requirements.

    What Public Entities Should Focus On

    Public entities include everything from state and local governments to public schools, libraries, and other essential services. For these organizations, accessibility isn’t optional—it’s a must. That means ensuring your website works seamlessly with assistive technologies like screen readers, providing alternative text for images, and offering captions on video content.

    Why Meeting These Deadlines Matters

    Missing these deadlines isn’t just a bad look—it can lead to lawsuits and a loss of trust in your community. ADA lawsuits targeting government websites are on the rise, often flagging accessibility gaps that make it hard for users with disabilities to access essential services.

    Don’t Forget Global Accessibility Standards

    If your business operates internationally or even just ships products overseas, you’ll also need to think about global accessibility laws. Standards like the European Accessibility Act (EAA) and Accessibility for Ontarians with Disabilities Act (AODA) could apply to you, even if your business is based in the U.S.

    • European Accessibility Act (EAA): Takes effect on June 28, 2025. Similar to the ADA, it requires accessible websites, apps, and digital services across the European Union.
    • Accessibility for Ontarians with Disabilities Act (AODA): Applies to organizations in Ontario or those serving Canadian users. Emphasizes WCAG standards, with compliance starting January 1, 2025.

    Ignoring these global laws can lead to fines or legal challenges, so keep them in mind if your reach extends beyond the U.S.

    What’s New in the 2025 Web Content Accessibility Guidelines

    The 2025 ADA updates focus on making websites easier for everyone to use, especially as technology keeps evolving. At the heart of these changes is the Web Content Accessibility Guidelines (WCAG) 2.2, developed by the World Wide Web Consortium (W3C).

    Here’s what’s new:

    • WCAG 2.2 Integration: The updated accessibility standards now include criteria for making websites more accessible on mobile devices, easier for people with cognitive disabilities, and generally more user-friendly.
    • Assistive Technology Compatibility: Websites need to work smoothly with tools like screen readers and voice recognition software.
    • Mobile Accessibility: With more people using phones and tablets, sites must be fully functional on smaller screens.
    • Video Accessibility: There’s a bigger focus on captions, audio descriptions, and media players that everyone can use.

    These updates aren’t just about staying out of court; they’re about building an inclusive online environment. For instance, captions on videos don’t just help users with hearing impairments—they also benefit anyone viewing in a noisy place.

    The Cost of Ignoring Compliance

    Noncompliance comes with serious risks. In 2024 alone, over 4,000 ADA lawsuits were filed in the U.S. Many stemmed from missing alt text, lack of keyboard navigation, or poor color contrast.

    Copycat Lawsuits

    A worrying trend is the rise of copycat lawsuits: about 41% of 2024’s accessibility lawsuits targeted companies that had already been sued before. These repeat lawsuits happen when businesses fix only part of their accessibility issues, leaving gaps that new plaintiffs exploit. Often, the same websites, related brands, or even parent companies become repeated targets, creating a cycle of litigation that can be difficult to escape.

    The Cost of Noncompliance

    Legal fees, settlements, and potential fines add up quickly, with smaller organizations often feeling the strain the most. Defending even one lawsuit can cost tens of thousands of dollars or more, depending on the complexity of the claims. For businesses with unresolved accessibility gaps, these lawsuits not only bring immediate costs but also invite ongoing legal scrutiny, making comprehensive compliance efforts critical to long-term risk management.

    Steps to Ensure Compliance

    Achieving compliance with the 2025 accessibility standards may seem daunting, but with a structured approach, it’s manageable. By taking proactive steps, you can stay ahead of the curve:

    Meeting the 2025 standards might seem overwhelming, but with the right approach, it’s absolutely doable:

    1. Audit Your Website: Use tools to catch common accessibility issues, but don’t skip manual checks for things like focus indicators or smooth screen reader navigation.
    2. Train Your Team: Make sure everyone—from developers to content creators—understands accessibility guidelines.
    3. Implement Updates: Prioritize fixes like alternative text for images and keyboard navigation improvements.
    4. Monitoring: Accessibility isn’t a one-and-done thing. Regular updates and monitoring are essential.

    Overcoming Challenges in Achieving Compliance

    Even with clear guidelines, reaching full accessibility can be tough. A major hurdle lies in understanding the full scope of accessibility requirements. Automated tools often overlook hidden barriers, and smaller organizations may not have the resources or expertise to do a deep dive on every aspect of their site. Legacy systems could add in another wrinkle: retrofitting older platforms for accessibility can be time-consuming and costly.

    That’s where partnering with accessibility experts like 216digital can make all the difference. We offer custom audits, expert training, and ongoing monitoring with tools like a11y.Radar, helping you build a sustainable compliance strategy.

    It’s Time to Act

    With the 2025 deadlines on the horizon, there’s no better time to get started. Sure, it might feel daunting at first, but making your online experience accessible to everyone brings long-term benefits for both your users and your brand. It’s not just about dodging lawsuits—it’s about doing the right thing.

    By taking steps now—especially if your deadline is 2026 or just around the corner—you’ll save yourself time, money, and stress down the road. If you’re feeling stuck or overwhelmed, consider chatting with accessibility experts or scheduling a consultation with 216digital. Let’s work together to ensure your website is a place where everyone feels welcome and empowered.

    Greg McNeil

    January 7, 2025
    Legal Compliance
    2025, accessibility laws, ADA Compliance, EAA, International Accessibility Laws, WCAG
  • Navigating International Accessibility Laws

    Navigating International Accessibility Laws

    In today’s digital age, having an online presence is crucial for businesses of all sizes. But with the global reach of the internet comes a maze of regulations and standards, especially when it comes to web accessibility. If you’re a website owner or content creator in the United States, you might wonder how international accessibility laws affect your business. This article will walk you through the basics of these laws, help you understand which ones apply to your online business, and explain why staying compliant is not just about following the rules but also about expanding your audience and boosting your brand’s reputation.

    What Are the Different International Accessibility Laws?

    When it comes to accessibility laws, different countries have their own rules and guidelines to ensure that websites are accessible to everyone, including people with disabilities. Let’s take a look at some of the key international laws and what they cover:

    The European Accessibility Act (EAA)

    The EAA is a significant law in the European Union that came into effect in 2019. It aims to make products and services more accessible to people with disabilities. For online businesses, this means ensuring that websites, apps, and e-commerce platforms are usable by everyone. The EAA covers a broad range of industries, from banking services to e-books and online shopping. If your business operates or sells products in the EU, compliance with the EAA is a must.

    The Accessibility for Ontarians with Disabilities Act (AODA)  

    In Canada, the AODA sets out guidelines to make Ontario more accessible by 2025. It applies to both public and private sectors, requiring businesses to ensure their websites are accessible to people with disabilities. This includes providing text alternatives for images, ensuring that website navigation is straightforward, and making online forms accessible. If your online business targets customers in Ontario, following AODA guidelines is essential.

    The UK Equality Act 2010  

    The UK Equality Act is a comprehensive piece of legislation that protects people from discrimination in the workplace and wider society. For online businesses, this means ensuring that websites are accessible to everyone, regardless of their abilities. The law covers all aspects of web accessibility, including content readability, keyboard navigation, and screen reader compatibility. If your business has customers in the UK, the Equality Act’s requirements apply to you.

    The Web Content Accessibility Guidelines (WCAG)  

    While not a law, WCAG is a set of guidelines developed by the World Wide Web Consortium (W3C) that is widely used as the global standard for web accessibility. Many international laws, including those mentioned above, reference WCAG as the benchmark for accessibility. WCAG provides a clear roadmap for making web content more accessible, covering everything from text alternatives to visual content, to ensuring that your website works well with assistive technologies.

    What International Laws Apply to Your Online Business?

    Understanding which international accessibility laws apply to your online business can feel overwhelming, especially if you’re targeting customers from different parts of the world. Here’s a simple way to figure it out:

    • Identify Your Audience: Start by identifying where your customers are located. If you have a global audience, it’s important to consider the accessibility laws in each region. For example, if you sell products in the EU, the EAA will apply to your business.
    • Assess Your Operations: If your business operates in multiple countries, you’ll need to comply with the accessibility laws in each of those regions. This might include following the EAA for the EU, AODA for Ontario, and the UK Equality Act for the UK. If your business is based solely in the United States but reaches customers globally, you should still be mindful of these laws to avoid potential legal issues.
    • Check the Legal Requirements: Different countries have different thresholds for when their laws apply to foreign businesses. For instance, if your business has a significant presence in the EU, you are required to comply with the EAA. Similarly, if you provide goods or services in Ontario, Canada, the AODA will apply.

    Do These Laws Apply to Your Online Business?

    The big question for many website owners and content creators is whether these international laws actually apply to their online business. The answer depends on a few factors:

    • Business Location: If your business is based in a country with specific accessibility laws (like the EU or Canada), you’re automatically required to comply with those laws.
    • Global Reach: Even if your business is based in the United States, you might still be subject to international accessibility laws if you sell products or services to customers in other countries. For example, if you ship products to the UK or have a website that targets European customers, you need to comply with the relevant accessibility laws.
    • Legal Consequences: Non-compliance with international accessibility laws can lead to fines, legal action, and damage to your brand’s reputation. Even if you’re not legally required to follow these laws, doing so voluntarily can help you avoid these risks and demonstrate that you value inclusivity.

    The Importance of Web Compliance and Accessibility

    Web compliance and web accessibility aren’t just about avoiding legal trouble—they’re also about doing the right thing and expanding your reach. By making your website accessible, you’re ensuring that everyone, including people with disabilities, can access your content and services. This can lead to increased customer satisfaction, a larger audience, and a stronger brand reputation.

    At 216digital, we understand the complexities of navigating international accessibility laws. Our web remediation services are designed to help your business stay compliant and accessible, no matter where your customers are located. From initial audits to ongoing support, we offer a comprehensive approach to web compliance that ensures your website meets the latest standards and guidelines.

    Whether you’re just starting to explore international accessibility laws or need help bringing your website up to code, 216digital is here to guide you through the process. Our team of experts stays up-to-date with the latest regulations and guidelines, ensuring that your website is not only compliant but also user-friendly for everyone.

    Conclusion

    Navigating international accessibility laws might seem daunting, but with the right approach, it can be manageable and even beneficial for your business. By understanding the different laws, knowing which ones apply to your online business, and taking steps to ensure compliance, you can avoid legal pitfalls, expand your audience, and enhance your brand’s reputation.

    If you’re ready to take the next step in making your website accessible and compliant with international laws, 216digital is here to help. Our web remediation services are tailored to your business needs, ensuring that you meet the necessary standards while creating an inclusive online experience for all users. Don’t wait—let’s work together to make your website accessible to everyone, everywhere.
    Contact us today to schedule a complementary ADA Strategy Briefing so that you can confidently take this next step into digital accessibility.

    Greg McNeil

    August 7, 2024
    Legal Compliance
    accessibility laws, ADA Compliance, digital accessibility, International Accessibility Laws, Web Accessibility, Website Accessibility
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