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  • Avoid ADA Lawsuits: Lessons from Big Companies

    Over the past few years, many well-known companies have faced lawsuits under Title III of the Americans with Disabilities Act (ADA) for failing to make their websites accessible. From retail giants like Nike and Target to entertainment brands like Beyoncé’s Parkwood Entertainment, these companies have all encountered legal challenges due to non-compliant websites.

    These cases provide an important lesson for website owners and content creators: web accessibility is not just a risk for big corporations but especially those running small businesses. Small companies are quickly becoming targets for Title III lawsuits as well. But by proactively making your website accessible, you can avoid legal trouble and enjoy several long-term benefits.

    Let’s examine some of the big companies that have been sued over website accessibility and how small businesses can protect themselves.

    1. Winn-Dixie: The ADA Case that Set the Standard

    Winn-Dixie was one of the first major brands to face a Title III lawsuit over website accessibility. In 2017, a blind customer sued the grocery chain because its website wasn’t compatible with screen reader software. The court ruled in favor of the plaintiff, marking a major precedent for future cases. This case highlighted how even websites that aren’t strictly e-commerce-based can be required to meet ADA standards.

    2. Domino’s Pizza: The Fight Over Online Ordering

    Domino’s Pizza was sued because a blind customer couldn’t use their website and app to order food. The case gained national attention when it reached the U.S. Supreme Court in 2019. Domino’s argued that the ADA didn’t apply to websites, but the Supreme Court declined to hear the case, leaving the lower court ruling in favor of the plaintiff. The lesson? ADA Title III applies to digital spaces just as much as physical locations.

    3. Nike: Accessibility in the Retail Space

    Nike was sued for having an inaccessible website that prevented visually impaired users from making purchases. The company quickly settled the case and implemented changes, demonstrating that the cost of fighting a lawsuit can be much higher than simply fixing accessibility issues upfront.

    4. Blue Apron: The Subscription Service Challenge

    Blue Apron, a meal-kit delivery service, faced a lawsuit when a blind customer was unable to sign up because the website didn’t work with screen readers. Blue Apron’s case showed that even digital-first businesses are vulnerable to accessibility claims.

    5. KitchenAid: The Importance of Universal Access

    KitchenAid, known for its appliances, was sued after a visually impaired user couldn’t navigate their website to access product information. This case underscores that accessibility isn’t just about e-commerce; it also includes providing equal access to all the content and information on your website.

    6. Fox News Network: ADA in Online Media

    Even media companies aren’t immune. Fox News faced a lawsuit for not making its website accessible to people with visual impairments. News outlets, entertainment brands, and other content-heavy websites should ensure that their pages are fully compliant with ADA guidelines.

    7. Beyoncé’s Parkwood Entertainment: Entertainment and Inclusivity

    In 2019, a visually impaired woman sued Beyoncé’s Parkwood Entertainment, claiming that her website wasn’t accessible with screen readers. This case shows that artists, musicians, and entertainment companies are also responsible for making sure their digital content is inclusive for all.

    8. H&R Block: Financial Services

    Tax preparation giant H&R Block was sued over their inaccessible website. The company settled by agreeing to make its site accessible and compliant with the Web Content Accessibility Guidelines (WCAG). This case demonstrates that financial services are held to the same standards as retail or entertainment when it comes to web accessibility.

    9. Burger King: Fast Food, Fast Accessibility Fixes

    Burger King was sued when a visually impaired customer couldn’t use its website to place an order. Like many companies, Burger King settled the case by agreeing to fix its accessibility issues rather than dragging out a lengthy court battle.

    10. Target: A Retailer Making ADA a Priority

    Target was sued in 2006 and eventually settled, becoming one of the first major retailers to make their website fully accessible. Their case set an early example that many other companies have followed.

    How Small Businesses Are Becoming Targets for ADA Lawsuits

    While these cases involved large companies, small businesses are increasingly being targeted by ADA Title III lawsuits. This shift is largely due to the rise in website accessibility lawsuits in general, which have grown significantly in recent years. Small businesses are often seen as easier targets because they may lack the resources to fight a lawsuit or may be unaware of their legal obligations under the ADA.

    The reality is that no business is too small to be sued over website accessibility. This means that whether you’re running a local boutique or a nationwide e-commerce store, you need to be proactive about making your site accessible.

    The Benefits of Web Accessibility

    Beyond avoiding lawsuits, making your website accessible offers several benefits:

    • Broaden Your Audience: An accessible website can be used by people with disabilities, which represents a significant portion of the population. By making your site accessible, you’re opening your business to more customers.
    • Improved SEO: Many accessibility improvements, like proper alt text for images, can also boost your search engine ranking.
    • Enhanced User Experience: Accessibility improvements often go hand-in-hand with usability improvements, making your site easier to navigate for all users.
    • Positive Brand Reputation: By demonstrating that your business values inclusivity, you can enhance your brand’s reputation and build customer loyalty.

    How to Calculate Your Return on Investment (ROI)

    When thinking about the cost of making your website accessible, it’s important to consider the return on investment (ROI). While the upfront cost of an accessibility audit or remediation might seem high, the long-term benefits far outweigh the cost of a lawsuit.

    To calculate your ROI for ADA Compliance, consider:

    1. Initial Accessibility Audit: This will tell you where your site currently stands and what changes need to be made. The cost will vary depending on the size and complexity of your website.
    2. Implementation Costs: These are the costs associated with fixing the accessibility issues identified in the audit. Again, this can vary but should be viewed as an investment in future-proofing your business.
    3. Avoided Lawsuits: The cost of fighting a Title III lawsuit can be substantial, both financially and reputationally. By being proactive, you can avoid these costs altogether.
    4. Expanded Customer Base: More accessible websites mean more potential customers. The boost in revenue can quickly outweigh the costs of compliance.

    How Being Proactive with Web Accessibility Offers an Incredible ROI

    The companies mentioned earlier learned the hard way that it’s always better to be proactive rather than reactive when it comes to website accessibility. Fixing accessibility issues after a lawsuit is filed is much more expensive than addressing them upfront. Not to mention, proactively making your website accessible can help you avoid the reputational damage that often accompanies ADA lawsuits.

    Protect Your Online Business

    Don’t wait for a lawsuit to take action on web accessibility. Get ahead of potential risks by ensuring your site is compliant now. At 216digital, we’re here to help you navigate the complexities of ADA compliance and safeguard your business. Schedule a personalized ADA briefing with us today to understand how you can protect your online presence, avoid costly lawsuits, and expand your customer base through an accessible website. Let’s future-proof your business together—schedule your ADA briefing now!

    Greg McNeil

    September 27, 2024
    Legal Compliance
    ADA, ADA Compliance, ADA Lawsuit, ADA Title II, web accessibility lawsuits
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