How to Stay Ahead, Stay Legal, Stay Sane
Regulatory pressure on higher education marketing is accelerating, and schools are being scrutinized in ways many did not anticipate even a few years ago. During our recent webinar with CECU and National Compliance Group, we unpacked what ADA compliance actually means in practice, why AI introduces new risk, and how schools can build defensible processes rather than relying on surface-level fixes.
Why compliance matters now
ADA enforcement is increasing, not slowing down. Complaints and lawsuits have risen significantly over the last decade, and education consistently ranks among the most targeted industries. At the same time, regulators, plaintiffs, and federal guidance are becoming more aligned, which means schools can no longer rely on ambiguity or outdated assumptions.
AI compounds this risk. As schools adopt AI for copywriting, chatbots, lead generation, and automated outreach, regulators are applying existing consumer protection and accessibility laws to these new tools. The rules have not changed, but the scrutiny has intensified.
The core shift is this: compliance is no longer a one-time project. It is a continuous operational responsibility.
ADA compliance and higher education
Under ADA Title III, private colleges, universities, trade schools, and career institutions are required to provide equal access to their programs, services, and information, including digital content.
That obligation extends well beyond physical spaces. Websites, landing pages, PDFs, forms, videos, chat tools, and third-party content are all in scope. Importantly, intent does not matter. A school does not need to intend to discriminate to be held liable.
For many institutions, risk is amplified by decentralized publishing. Multiple departments, vendors, and agencies may be creating content without centralized oversight, creating gaps schools are often unaware of until a complaint is filed.
The myth of “being compliant”
One of the clearest messages from the session was what does not count as compliance.
Automated accessibility scans alone are not sufficient. Accessibility overlays and widgets are not legal defenses. Agency assurances and third-party contracts do not transfer liability. And the absence of lawsuits does not mean a school is safe.
True compliance requires more than passing a scan or checking a box. It requires process, documentation, and ongoing validation.
Where AI Marketing increases risk
AI does not reduce legal responsibility. According to FTC guidance, if AI is used in marketing, all existing consumer protection laws still apply. “The AI wrote it” is not a defense.
Risk shows up in several common ways:
- AI-generated copy that confidently states outcomes without evidence
- Chatbots that overstate job placement or program results
- AI-written FAQs that omit required disclosures
- Personalized responses that provide inconsistent or inaccurate information
- AI-generated testimonials, reviews, or endorsements
- Chatbots or synthetic voices that impersonate humans without disclosure
If AI creates confusion, omits material facts, or misleads prospective students, the institution remains responsible.
What defensible compliance actually looks like
Legal defensibility is built through systems, not shortcuts. Schools that are better positioned share a few common traits:
- Continuous monitoring rather than one-time audits
- Ongoing remediation as issues are identified
- Human review and validation, especially for AI-generated content
- Documented policies, workflows, and decision-making processes
This applies across websites, PDFs, marketing materials, and automated tools. Waiting for a complaint is not a strategy, and reacting after the fact is often far more costly than proactive governance.
The bottom line on higher education compliance
Three themes became clear during this webinar:
- Compliance is ongoing, not static.
- AI increases risk, not immunity.
- Process matters more than tools.
Compliance does not have to feel overwhelming, but it does require process.
We partner with National Compliance Group to ensure our clients’ websites, marketing funnels, and advertising practices are legally defensible and continuously monitored.
Start with the Higher Ed Compliance Checklist here. Or, if you want clarity on where you may be exposed, book a call with us and we will assess your current risk.
Regulatory pressure on higher education marketing is accelerating, and schools are being scrutinized in ways many did not anticipate even a few years ago. During our recent webinar with CECU and National Compliance Group, we unpacked what ADA compliance actually means in practice, why AI introduces new risk, and how schools can build defensible processes rather than relying on surface-level fixes.
Why compliance matters now
ADA enforcement is increasing, not slowing down. Complaints and lawsuits have risen significantly over the last decade, and education consistently ranks among the most targeted industries. At the same time, regulators, plaintiffs, and federal guidance are becoming more aligned, which means schools can no longer rely on ambiguity or outdated assumptions.
AI compounds this risk. As schools adopt AI for copywriting, chatbots, lead generation, and automated outreach, regulators are applying existing consumer protection and accessibility laws to these new tools. The rules have not changed, but the scrutiny has intensified.
The core shift is this: compliance is no longer a one-time project. It is a continuous operational responsibility.
ADA compliance and higher education
Under ADA Title III, private colleges, universities, trade schools, and career institutions are required to provide equal access to their programs, services, and information, including digital content.
That obligation extends well beyond physical spaces. Websites, landing pages, PDFs, forms, videos, chat tools, and third-party content are all in scope. Importantly, intent does not matter. A school does not need to intend to discriminate to be held liable.
For many institutions, risk is amplified by decentralized publishing. Multiple departments, vendors, and agencies may be creating content without centralized oversight, creating gaps schools are often unaware of until a complaint is filed.
The myth of “being compliant”
One of the clearest messages from the session was what does not count as compliance.
Automated accessibility scans alone are not sufficient. Accessibility overlays and widgets are not legal defenses. Agency assurances and third-party contracts do not transfer liability. And the absence of lawsuits does not mean a school is safe.
True compliance requires more than passing a scan or checking a box. It requires process, documentation, and ongoing validation.
Where AI Marketing increases risk
AI does not reduce legal responsibility. According to FTC guidance, if AI is used in marketing, all existing consumer protection laws still apply. “The AI wrote it” is not a defense.
Risk shows up in several common ways:
- AI-generated copy that confidently states outcomes without evidence
- Chatbots that overstate job placement or program results
- AI-written FAQs that omit required disclosures
- Personalized responses that provide inconsistent or inaccurate information
- AI-generated testimonials, reviews, or endorsements
- Chatbots or synthetic voices that impersonate humans without disclosure
If AI creates confusion, omits material facts, or misleads prospective students, the institution remains responsible.
What defensible compliance actually looks like
Legal defensibility is built through systems, not shortcuts. Schools that are better positioned share a few common traits:
- Continuous monitoring rather than one-time audits
- Ongoing remediation as issues are identified
- Human review and validation, especially for AI-generated content
- Documented policies, workflows, and decision-making processes
This applies across websites, PDFs, marketing materials, and automated tools. Waiting for a complaint is not a strategy, and reacting after the fact is often far more costly than proactive governance.
The bottom line on higher education compliance
Three themes became clear during this webinar:
- Compliance is ongoing, not static.
- AI increases risk, not immunity.
- Process matters more than tools.
Compliance does not have to feel overwhelming, but it does require process.
We partner with National Compliance Group to ensure our clients’ websites, marketing funnels, and advertising practices are legally defensible and continuously monitored.
Start with the Higher Ed Compliance Checklist here. Or, if you want clarity on where you may be exposed, book a call with us and we will assess your current risk.