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  • How Courts Are Addressing Serial ADA Plaintiffs

    In recent years, federal courts—particularly in New York—have seen a wave of ADA Title III lawsuits targeting website accessibility issues. While the Americans with Disabilities Act was designed to protect the rights of people with disabilities, a growing number of cases have been brought by serial ADA plaintiffs—individuals who file dozens of near-identical lawsuits across various businesses, often seeking attorney’s fees rather than pursuing real accessibility improvements.

    Now, two recent federal court decisions—Fernandez v. Buffalo Jackson Trading Co. (S.D.N.Y., April 14, 2025) and Black v. 3 Times 90, Inc. (E.D.N.Y., April 15, 2025)—are signaling a turning point. Both rulings reflect a trend toward stricter judicial scrutiny and a renewed focus on standing. The message from the courts is becoming clear: claims must be backed by credible, specific allegations of harm—not just boilerplate language.

    1. The Rise of Serial ADA Plaintiffs and Lawsuits

    In 2024, more than 2,400 ADA Title III lawsuits were filed in federal court alleging website accessibility barriers—a slight uptick from the year before. But despite the continued volume, filings in New York federal courts dropped by 39% compared to 2022, reflecting a noticeable shift. Just 23 plaintiffs were responsible for over half of the cases, pointing to a strategy rooted more in quantity than in quality—a hallmark of serial ADA plaintiffs.

    These lawsuits typically rely on generic language, vague descriptions of barriers, and claims of intent to return that lack meaningful context. Courts are now starting to challenge those claims more directly, pushing back on whether plaintiffs have suffered a legitimate “injury in fact” or have any real intention of using the websites they’re suing over.

    2. Fernandez v. Buffalo Jackson Trading Co., LLC

    In this case, Felipe Fernandez, who is legally blind, sued Buffalo Jackson Trading Co., claiming that he couldn’t complete a purchase of a leather jacket due to accessibility barriers on the company’s website. He pointed to issues like missing alt text and form labels, and stated that he intended to return and complete the purchase once the issues were resolved.

    The Court’s Response

    Judge John Cronan didn’t dismiss the case outright. Instead, he ordered jurisdictional discovery and an evidentiary hearing to explore whether Fernandez actually had standing to sue. His reasoning was grounded in constitutional principles:

    “Article III standing is not merely a pleading hurdle—it’s a core constitutional guardrail.”

    The court flagged several red flags:

    • Fernandez had filed dozens of similar complaints, often within the same week, using the same legal template.
    • He claimed to have tried to purchase items ranging from leather jackets to African necklaces to martial arts gear—an unusually wide variety for a single consumer.
    • Despite claiming he couldn’t navigate the site, he referenced specific product features, pricing, and even a promotional discount—suggesting that the site may not have been as inaccessible as alleged.

    To dig deeper, the court authorized a forensic review of Fernandez’s browsing history and potentially a deposition, signaling a strong interest in validating the sincerity of his claims and patterns consistent with serial ADA plaintiffs.

    3. Black v. 3 Times 90, Inc.

    In a separate case, plaintiff Jahron Black—also legally blind—filed suit against a Chinese restaurant, claiming he couldn’t access key information on its website, such as the menu and location details. He said he wanted to visit the restaurant “immediately” and often frequented the neighborhood.

    Why the Court Dismissed the Case

    Judge Natasha Merle dismissed the complaint for lack of standing, even though the defendant had argued mootness due to recent accessibility fixes. The judge found that:

    • Black failed to explain how the website’s issues prevented him from visiting the physical location.
    • He didn’t attempt to get the same information through other means, like a phone call or search engine—undermining his claim of urgency.
    • There was no compelling reason offered for why this particular restaurant mattered, especially given New York City’s wide range of similar dining options.

    While not central to the decision, the judge noted that Black had filed 27 similar lawsuits within the previous year, a pattern that mirrors the behavior of serial ADA plaintiffs.

    The court concluded that the complaint didn’t show any real intent to return or actual harm, and dismissed the case without leave to amend.

    4. Why These Rulings Matter

    Together, these decisions point to a more assertive judicial approach to ADA website litigation driven by serial ADA plaintiffs. Courts are no longer content to accept vague allegations and templated filings. Instead, they’re insisting on:

    • Specific, credible claims of harm
    • Clear intent to return or complete a transaction
    • Evidence to support those claims, such as browsing history or meaningful engagement with the site

    In Fernandez, the court is even considering deposing the plaintiff and conducting a forensic review of his device—an extraordinary step that shows how seriously judges are taking the issue of standing.

    5. What This Means for Plaintiffs, Businesses, and the Courts

    For Plaintiffs and Their Attorneys

    Courts are demanding more. To pursue these cases in federal court, plaintiffs must provide:

    • Documented evidence of actual attempts to use the site
    • Specific descriptions of what went wrong and how it impacted them
    • A credible reason for why they’d return

    Vague complaints and mass filings are less likely to survive a motion to dismiss. They may also trigger closer scrutiny of the plaintiff’s litigation history—especially for known serial ADA filers.

    For Businesses

    These rulings present an opportunity to push back when faced with questionable lawsuits. Businesses should consider:

    • Challenging standing early, especially if the complaint lacks details or appears templated
    • Requesting jurisdictional discovery to verify the plaintiff’s claims
    • Tracking patterns of repeated filings by the same individuals or firms

    Additionally, some plaintiff firms are now shifting lawsuits to state courts, where standing requirements are generally less demanding. Businesses should prepare for this potential change in forum.

    For the Legal System

    This trend marks a balancing act: protecting the ADA’s intent while discouraging opportunistic litigation. Federal courts are raising the bar for standing in accessibility lawsuits. This reinforces the idea that these cases should address real-world barriers and genuine attempts to engage with businesses—not rely on legal templates meant to generate fees.

    6. Looking Ahead

    The upcoming hearing in Fernandez could prove to be a watershed moment. If the court finds that Fernandez lacked standing, it would further solidify the trend toward stricter standards. If the case moves forward, it may help define what constitutes credible evidence of harm in ADA website lawsuits.

    Either way, these rulings serve as a wake-up call for both sides: businesses must continue improving accessibility, but the legal process must remain focused on real harm—not manufactured complaints.

    A Turning Point—and a Call to Act

    The landscape for serial ADA plaintiffs is shifting. Courts are drawing a firmer line between legitimate accessibility concerns and litigation that appears more about fees than fairness. For businesses, this means new opportunities to defend against weak claims—but also a strong reminder that proactive, meaningful accessibility improvements remain the best long-term strategy.

    As these cases evolve, so too must the approach to compliance and litigation. The stakes are higher, and the scrutiny is sharper. Now more than ever, standing—and sincerity—matter.

    Not sure if your site is at risk? Schedule a free ADA briefing with 216digital to assess your exposure and get expert guidance

    Greg McNeil

    June 12, 2025
    Legal Compliance
    ADA, ADA Compliance, ADA Lawsuit, ADA Lawsuits, serial ADA plaintiffs
  • Web Accessibility for Retailers Under Legal Fire

    If you’re running an online retail business, digital accessibility might not be the first thing on your to-do list—but it needs to be. In today’s eCommerce landscape, accessibility for retailers isn’t just a best practice—it’s a legal requirement and a smart business move.

    Retail websites are complex, dynamic, and frequently updated, which makes them especially vulnerable to accessibility issues. And as more people rely on online shopping to meet daily needs, the stakes are higher than ever. Lawsuits are on the rise, but more importantly, so is the expectation that your site works for everyone.

    Product carousels, filters, multi-step checkout processes, popups, modals, and embedded third-party tools all add complexity and make accessibility more difficult.

    Why Web Accessibility for Retailers Matters

    Retailers have become one of the biggest targets for digital accessibility lawsuits. In fact, in 2024 alone, 77% of all web accessibility lawsuits in the U.S. targeted online retailers—making the industry the most litigated digital sector. These lawsuits aren’t just targeting Fortune 500 brands; regional and mid-market businesses are facing legal action at an increasing rate.

    There are several reasons for this:

    Retail Websites are Dynamic And Complex

    They’re filled with product carousels, filters, multi-step checkout processes, popups, modals, and embedded third-party tools—all of which can be difficult to make accessible. Without proper structure, markup, and ARIA attributes, these elements can become unusable for people relying on screen readers or keyboard navigation.

    eCommerce Sites Are Constantly Updated

    Product pages change, promotions rotate, and new features are added regularly. These updates often introduce new accessibility problems—especially when not reviewed with accessibility in mind.

    Online Shopping is Essential

    It’s no longer a luxury; it’s how millions of people access everyday goods and services. If a website prevents someone from completing a purchase due to an accessibility barrier, it becomes a civil rights issue—legally and ethically.

    Demand Letters Are Widespread

    Each year, hundreds of thousands of demand letters are sent to businesses for digital accessibility violations. These letters signal that a company is excluding people with disabilities, and the reputational damage can be immediate.

    Legal and Technical Web Accessibility for Retailers

    Title III of the Americans with Disabilities Act (ADA)requires U.S. retailers to ensure accessibility for people with disabilities in all places of public accommodation. In today’s digital world, the courts and the Department of Justice (DOJ) have made it clear: this requirement also applies to websites—especially those that sell goods and services to the public.

    Courts and plaintiffs use the Web Content Accessibility Guidelines (WCAG) as the standard for compliance in nearly all accessibility-related lawsuits. The DOJ reaffirmed this approach in 2024, solidifying WCAG as the benchmark for evaluating whether a website is accessible.

    The Four Golden Rules of Accessibility: POUR

    At the heart of WCAG are four key principles known by the acronym POUR: Perceivable, Operable, Understandable, and Robust. These form the foundation for accessible digital experiences and help ensure your website works for everyone.

    • Perceivable – Users must be able to identify and interact with content. This includes providing text alternatives for images, captions for videos, and other sensory accommodations.
    • Operable – The site must support navigation with a keyboard, screen reader, or other assistive tools—without relying solely on a mouse.
    • Understandable – Information and functionality should be easy to comprehend and behave in expected ways to avoid confusion.
    • Robust – Content must be compatible with a wide range of current and future assistive technologies, such as screen readers or voice commands.

    And it’s not just your website. These principles should also extend to digital documents, confirmation emails, customer service interactions, and anything else a user might engage with online.

    Common Pitfalls on Retail Websites

    Retail sites face some of the most complex accessibility challenges. Here are a few issues that often trigger lawsuits:

    • Unlabeled or mislabeled form fields that prevent screen reader users from checking out.
    • Broken keyboard navigation makes it impossible for users with motor impairments to complete transactions.
    • Missing alt text on product images.
    • Low color contrast between text and backgrounds.
    • Non-dismissable modals or popups that trap users.
    • Checkout flows that break when even one component isn’t accessible.

    These barriers frequently appear when using templates, third-party plugins, or custom JavaScript that hasn’t been accessibility-tested. They can completely disrupt the buying experience for users who depend on assistive technologies. Web accessibility for retailers requires a consistent and intentional approach to prevent these obstacles from resurfacing.

    What Happens If You’re Sued

    Most lawsuits begin with a demand letter—often asking for immediate remediation and a financial settlement. If ignored, this can escalate into a federal lawsuit under the ADA or state-level laws like California’s Unruh Civil Rights Act, which allows for additional penalties.

    Settlements may cover remediation costs and legal fees, but the real damage is often reputational—especially when exclusion of disabled users becomes public knowledge.

    Even if your business wins the case, legal defense costs are high. And if your site remains non-compliant, you may be targeted again. With web accessibility for retailers, prevention is significantly less costly than a reactive legal defense.

    A Proactive Plan for Retailers

    Accessibility isn’t a one-time fix. It’s an ongoing strategy. Here’s how to start with accessibility for retailers:

    1. Start with an Audit

    Use automated tools like Lighthouse or WAVE for a quick scan. But don’t stop there—manual testing is essential for identifying real-world usability barriers.

    2. Fix Key Areas First

    Prioritize your homepage, product pages, cart, and checkout. Make sure form fields are labeled, keyboard navigation works, and screen readers can read your content.

    3. Address Dynamic Elements

    Focus on complex components—like popups, modals, filters, and third-party integrations—that often create the biggest challenges. Use semantic markup and ARIA attributes to support assistive tech.

    4. Monitor Continuously

    Your site changes frequently. Build accessibility checks into your update process so new features don’t break usability, or use a monitoring service like a11y.Radar.

    5. Train Your Team

    Give your developers, content editors, and marketing teams the knowledge they need to create inclusive content from the start.

    6. Consider Outside Help

    Accessibility is nuanced. A qualified team can help you get it right—and keep it that way.

    Retailers: Don’t Let Accessibility Be an Afterthought

    Web accessibility for retailers is no longer optional. It’s central to building a sustainable, inclusive, and legally safe business. In a digital environment where over 30% of the top 500 eCommerce retailers were sued last year, doing nothing is no longer a risk—it’s a liability.

    But there’s a real upside, too. Accessibility leads to better experiences, broader audiences, stronger SEO, and a more trusted brand.

    Start now. Audit your site. Fix the gaps. Train your team. Partner with experts. Turn accessibility from a compliance headache into a strategic advantage.

    Need Help Making Your Retail Site Accessible?

    216digital offers full audits, real-world testing, and proactive monitoring to ensure your site meets WCAG standards and stays lawsuit-resistant. Let’s make your eCommerce experience inclusive—and legally safe—from day one.

    Greg McNeil

    June 11, 2025
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ecommerce website, Retail, WCAG, Web Accessibility, Website Accessibility
  • WordPress Accessibility: Common Pitfalls & Fixes

    WordPress gives developers a head start with accessibility—but it’s just that: a start. While the platform includes solid foundations like semantic markup and keyboard-friendly admin features, building an experience that works for everyone still requires thoughtful decisions on our part. As developers, we’re in a unique position to go beyond the basics, spotting the small oversights that can create big barriers for users.

    In this guide, we’ll walk through some of the most common accessibility missteps we see in WordPress projects—along with practical fixes you can implement right away. Whether you’re refactoring an old theme or launching something new, these insights are meant to help you create experiences that are not just compliant, but genuinely inclusive.

    Misuse of Heading Structures for Visual Styling

    It’s easy to reach for <h2> or <h3> tags to style text because they’re built into most WordPress themes with bold and larger font sizes. But when headings are used purely for visual emphasis—not structure—you end up distorting the page’s semantic outline.

    Why It Matters

    Screen reader users often rely on heading navigation to scan and jump between sections. If headings are skipped, out of order, or misused, the page becomes harder to understand, and key content may get missed entirely.

    How to Fix It

    • Use CSS for Styling: Apply styles using classes or inline styles, not heading tags. In Gutenberg, you can use blocks with custom styles or reusable blocks instead of jumping heading levels.
    • Follow a Logical Heading Hierarchy: Begin with one <h1> per page (usually the title), then use <h2> for top-level sections, <h3> for subsections, and so on.
    • Audit Your Work: Use tools like WAVE or the Google Lighthouse Accessibility Report to evaluate your heading structure and flag potential misuses before they go live.

    Overreliance on Theme Defaults for Color Contrast

    Many developers trust their WordPress theme’s default color scheme to do the heavy lifting—but while a palette may look good visually, it doesn’t mean it’s accessible. Default colors often fail to meetWCAG 2.1 AA standards, especially for body text and buttons.

    Accessibility Risk

    Poor color contrast is a major barrier for users with low vision or color blindness. If your text blends into the background, you’re excluding readers—sometimes without realizing it.

    Practical Fixes

    • Test Contrast Ratios: Use WebAIM’s Contrast Checker or the Color Contrast Analyzer to validate text against its background.
    • Override Theme Defaults: Most modern themes offer customization options via the Customizer or Full Site Editing. Make small adjustments—lighten text, darken backgrounds—to meet or exceed the 4.5:1 minimum contrast ratio.
    • Offer User Controls: Consider giving users the ability to switch to high-contrast mode with plugins like “WP Accessibility.” This gives more control to your users while improving inclusivity.

    Improper List Markup Practices

    It’s not unusual to see developers create the appearance of a list using <div> tags, line breaks, or other non-semantic methods—especially in custom blocks or page builders commonly used in WordPress.

    Why It’s a Problem

    Screen readers rely on semantic tags like <ul>, <ol>, and <li> to announce that a list exists, how many items are in it, and how items relate to each other. Without this structure, users lose context.

    Best Practices

    • Use Native List Markup: If it’s a list—code it as a list. Use <ul> for unordered lists and <ol> for ordered ones. Wrap each list item in <li>.
    • Handle Nesting Thoughtfully: For sub-lists, nest another <ul> or <ol> inside an <li>. Screen readers will announce the nested structure properly.
    • Test Your Output: Run accessibility audits or inspect the DOM to ensure list structures are coded semantically, especially when using custom Gutenberg blocks or page builders.

    Neglecting Contextual Relevance in Alt Text

    WordPress auto-generates alt text from image file names if authors don’t supply one. That’s how you end up with images labeled “IMG_4829.jpg”—which isn’t helpful to anyone.

    Why It Matters

    Alt text should describe why the image is there, not just what it looks like. If the image provides important context, instructions, or emotion, a generic label fails users who rely on screen readers.

    What Developers Can Do

    • Write Purpose-Driven Alt Text: If the image is showing a concept, outcome, or step in a process, describe that context directly. For example, “Screenshot of the plugin settings menu with Accessibility Mode enabled.”
    • Avoid Phrases Like “Image of…” Screen readers already announce the presence of an image. Jump straight into the relevant description.
    • Use Empty Alt for Decorative Images: For visuals that are purely aesthetic and add no informational value, use alt="" so assistive tech knows to skip it entirely.

    Overuse and Misapplication of ARIA Attributes

    ARIA is a powerful toolset—but like any tool, misuse can cause more harm than good. Adding roles and attributes without understanding their implications can break screen reader behavior or clutter the accessibility tree.

    The Real Cost

    Improper ARIA use can confuse assistive technologies, interfere with default behaviors, and even make components harder—not easier—to use. Overengineering is just as dangerous as under-engineering.

    Smarter ARIA Use

    • Favor Native HTML First: If you’re building a checkbox, <input type="checkbox"> with an associated <label> is far more reliable than using a <div> with ARIA roles and states.
    • Use ARIA Only When Required: If you’re building a custom interactive widget (like a tabbed interface or menu), consult the ARIA Authoring Practices Guide. Choose correct roles and manage keyboard interactions accordingly.
    • Test Your Implementation: Use screen readers like NVDA or VoiceOver to verify that ARIA is behaving as expected. Pay attention to focus, announcements, and interaction patterns.

    Overlooking Keyboard Navigation and Focus Management

    Many developers unintentionally design for mouse users first. But for users relying on keyboards—whether due to preference, disability, or temporary injury—keyboard accessibility is critical.

    Key Accessibility Concerns

    • No Visible Focus Indicators: Removing browser outlines with outline: none; without providing alternatives leaves users lost.
    • Custom Components Not Keyboard-Aware: Modals, sliders, dropdowns, and carousels built from scratch often lack proper keyboard event handling and focus management.

    Developer-Friendly Fixes

    • Ensure Focus Visibility: Style focused elements clearly using CSS, like :focus { outline: 2px solid #000; }. Customize this to match your theme, but don’t remove it entirely.
    • Handle Keyboard Events: For custom components, add keydown or keyup listeners to handle Enter, Escape, and Arrow keys appropriately. Don’t rely on click events alone.
    • Do Keyboard-Only Testing: Regularly test your site using only the keyboard. Tab through each interactive element and verify focus moves logically, without skipping important controls.

    What True Accessibility Looks Like in WordPress

    Accessibility isn’t a checklist—it’s a mindset. When we write clean, semantic code, ensure visual clarity, and support every way a user might interact with our sites, we’re not just doing right by WCAG—we’re doing right by our users. The real goal is to build experiences that work for everyone, without assumptions about how people navigate the web.

    As WordPress developers, we have powerful tools and a vibrant ecosystem at our disposal. Let’s use them with care and intention. Keep testing, stay curious, and don’t hesitate to dig deeper. And if you’re looking to strengthen your accessibility efforts, 216digital offers ADA compliance briefings tailored to development teams. We’re here to support your work—because inclusive development is better development.

    Greg McNeil

    June 10, 2025
    How-to Guides, Legal Compliance
    Accessibility, How-to, WCAG, Web Accessibility, web developers, web development, Website Accessibility, WordPress
  • Law Firms Aren’t Built for Accessibility Remediation Services

    When a demand letter lands in your inbox, or an ADA-related lawsuit hits your desk, your first thought might be to call a lawyer. That’s a natural reaction—after all, legal issues usually call for legal help.

    But here’s where things get a little more complicated: if the problem is your website’s accessibility, then legal advice alone won’t fix it. And that’s where many businesses take a wrong turn. Legal teams can guide you through the paperwork, but they’re rarely the ones who dig into your code, address the real barriers, or help you prevent the next lawsuit.

    This article walks you through why relying on a law firm to handle accessibility remediation services might not be the best move—and what a smarter, more effective approach looks like.

    The Problem: Law Firms Handle Lawsuits—Not Code

    Let’s be clear—attorneys have an important role. If you’ve received a demand letter or lawsuit, they can help you respond, negotiate, or represent you in court. But legal involvement doesn’t make the accessibility problem go away. The root issue—your website not working for people with disabilities—still remains. And it’s that issue that continues to carry legal and reputational risk.

    Most law firms don’t have in-house technical teams. No developers, no certified accessibility experts, no usability testers. So what happens? They either outsource the actual accessibility remediation services to third-party vendors (often charging a premium along the way) or provide high-level reports filled with checklists that leave your dev team guessing at what to do next.

    That means you’re still on the hook for the real work—and possibly paying more for it.

    Hidden Risk #1: You’ll Pay More for Less

    Law firms typically charge by the hour, which makes sense for legal tasks like reviewing contracts or negotiating settlements. But when they apply those same rates to accessibility-related work—such as interpreting WCAG guidelines, coordinating with vendors, or reviewing audit summaries—it turns into a costly game of telephone.

    You end up paying for layers of administrative overhead that slow down progress and don’t actually improve your website.

    Worse, you might not even realize where the money is going. Legal fees can pile up quickly without producing the tangible results your business actually needs: a compliant, accessible, functional website. For small to mid-size organizations trying to manage both compliance and budget, this model is hard to justify.

    Hidden Risk #2: The Fixes May Not Be Complete

    Fixing accessibility isn’t about running a quick scan and addressing a handful of errors. Real remediation requires technical precision, contextual judgment, and manual testing—especially with screen readers and keyboard navigation. It involves understanding how accessibility issues present in code and how they affect the user experience for people with different disabilities.

    Many law firms don’t have the tools—or the trained personnel—to go that deep. And their vendor partners often lean heavily on automated tools that only catch surface-level issues.

    Here’s what that kind of partial remediation can miss:

    • Form fields without accessible labels
    • Improper heading structures that confuse screen readers
    • Modal windows that can’t be closed without a mouse
    • Buttons or links that don’t receive keyboard focus
    • Dynamic content changes that don’t alert assistive technologies

    These aren’t fringe cases—they’re exactly the kinds of issues that trigger lawsuits. Unfortunately, teams often overlook them when legal experts, rather than technical specialists, lead accessibility remediation efforts.

    Hidden Risk #3: No Plan for the Long Term

    Even if your legal team manages to patch things up for now, accessibility isn’t a one-and-done situation. Websites evolve. New content is added. Platforms update. If you don’t have an ongoing plan, you risk falling out of compliance all over again—and landing back in legal trouble.

    Law firms are built for casework, not for long-term technical oversight. Most won’t offer monitoring services, provide training for your content team, or stay engaged as your digital properties change over time. Without a partner who understands how to maintain accessibility remediation services, you’re left exposed.

    That’s why sustainable compliance calls for a proactive strategy—one that goes beyond legal checkboxes and focuses on real-world usability, continuous improvement, and future-proofing your site.

    What Proper Accessibility Remediation Services Look Like

    To address ADA compliance issues the right way, you need more than legal advice—you need a full-service accessibility team that knows how to diagnose, prioritize, and implement lasting solutions.

    Here’s what effective accessibility remediation services typically involve:

    1. In-Depth Accessibility Audit

    Experienced accessibility professionals start by reviewing your site against WCAG 2.1 A/AA standards using both automated and manual testing. This ensures nothing gets missed. A proper audit covers the following:

    • Screen reader testing using tools like NVDA, JAWS, or VoiceOver
    • Keyboard-only navigation analysis
    • Color contrast checks
    • Semantic HTML review
    • ARIA role validation for dynamic content

    It’s this level of testing that uncovers real usability barriers.

    2. A Clear, Actionable Roadmap

    Instead of a vague checklist, a solid remediation team will provide a prioritized list of issues, each translated into plain language with clear technical recommendations. The goal is to make it easy for developers to understand what needs to be fixed—and how.

    3. Code-Level Fixes

    This is the heart of remediation. A professional team doesn’t just point out problems—they roll up their sleeves and solve them. That includes adjusting templates, improving focus states, rewriting inaccessible components, and ensuring your code structure supports screen readers and keyboard navigation.

    It’s hands-on work—and it requires skilled front-end developers who understand both accessibility and UX.

    4. Real-World Usability Testing

    After you make changes, your work isn’t done. Test the updated site again—this time in real-world scenarios using assistive technologies. This step confirms that your remediation efforts actually work for the people they’re designed to support.

    5. Documentation & Legal Support

    While not a substitute for a legal team, many remediation partners provide helpful documentation—such as accessibility statements, conformance reports (like VPATs), and audit results—that demonstrate your organization’s commitment to accessibility. These materials can also support your response if you’re facing legal scrutiny.

    6. Ongoing Monitoring

    Even after remediation, your site should be monitored regularly. A good partner will offer scanning tools like a11y.Radar for testing and alerts to catch issues early—before they turn into compliance risks.

    Why Accessibility Professionals Are the Better Fit

    Accessibility specialists solve the actual problem: they make websites usable for people with disabilities. They work closely with your development, design, and content teams to create solutions that align with your brand, support your UX goals, and meet compliance requirements.

    Unlike law firms, accessibility pros don’t just help you react—they help you prepare. Their job is to prevent problems, not just manage them after the fact.

    They bring technical knowledge, lived user experience insights, and a collaborative mindset to the table. That’s how you get lasting results—not just legal coverage, but a stronger, more inclusive digital presence.

    Conclusion: The Smart Path to Lasting Compliance

    If you’re navigating legal pressure because of an inaccessible website, it’s important to act quickly—but also wisely. Legal teams play a role, yes, but true ADA compliance requires more than legal documents and advice. It takes technical expertise, accessibility remediation services, and a long-term plan that goes beyond checking boxes.

    The right partner doesn’t just help you respond to a lawsuit—they help you prevent the next one by making your website genuinely usable for everyone. That means fewer legal risks, stronger user trust, and a better experience across the board.

    At 216digital, we specialize in real solutions—not just legal responses. From WCAG audits and code-level fixes to usability testing and ongoing monitoring, we help you build and maintain a site that works for everyone.

    Schedule an ADA briefing with our accessibility team today to get clear, honest guidance on what your site needs, what’s at risk, and how to move forward confidently. Let’s make your compliance efforts count—for your users and your business.

    Greg McNeil

    June 4, 2025
    Legal Compliance
    Accessibility, Accessibility Remediation, Accessibility testing, ADA Compliance, WCAG, Web Accessibility, Web Accessibility Remediation, Website Accessibility
  • Court Ruling Confirms ADA Title III Covers Websites

    As the boundaries between physical and digital business continue to blur, courts are stepping in to clarify what inclusion really means online. One recent ruling, Frost v. Lion Brand Yarn Company, brings that conversation into focus. In February 2025, a Minnesota federal judge ruled that websites qualify as places of public accommodation under ADA Title III. This decision supports what many in the digital and legal communities have long believed: accessibility online deserves consistent attention. While it doesn’t resolve every legal question, it strengthens the case for making digital inclusion part of a responsible business approach.

    Frost v. Lion Brand Yarn Company Case

    In Frost v. Lion Brand Yarn Company, Clarence and Tammy Frost—both legally blind—alleged that the company’s website was inaccessible to screen reader users. They argued this violated ADA Title III, which prohibits discrimination based on disability in places of public accommodation.

    Lion Brand Yarn asked the court to dismiss the case, claiming that its website wasn’t a physical place and therefore didn’t fall under the scope of the ADA.

    Court Decision and ADA Title III Interpretation

    On February 6, 2025, U.S. District Judge Katherine Menendez denied the motion to dismiss. Her decision stated that a website can, in fact, be considered a place of public accommodation under ADA Title III. She emphasized the law’s broad intent and noted that excluding digital spaces would limit access in today’s online world.

    Legal Reasoning Behind ADA Title III Decision

    Judge Menendez’s ruling follows a growing trend in how courts interpret the ADA. Even though the law was written before websites existed, many judges now recognize that its goals—ensuring equal access—apply in digital spaces, too.

    The court explained that ignoring websites under ADA Title III would go against the law’s purpose. If businesses offer goods and services online, people with disabilities must have equal access to those experiences.

    Broader Implications of ADA Title III in Digital Accessibility

    This case contributes to the growing conversation about whether ADA Title III covers digital platforms.Some courts have said yes, others no—but momentum is building toward broader interpretation. More judges, and the Department of Justice, are saying that websites count.

    By viewing digital platforms as essential for communication and commerce, this ruling helps make the case that online inclusion is part of federal disability rights.

    The Legal Shift Toward Website Accessibility Under ADA Title III

    The Minnesota decision supports what many businesses and advocates have been saying: websites need to be accessible. While there’s still legal gray area, the trend is clear—courts are treating digital inaccessibility more seriously.

    Congress didn’t limit ADA Title III to physical places, and courts are using that flexibility to apply it to today’s technology. With websites acting as digital storefronts, accessibility is increasingly expected as a baseline.

    Agencies like the Department of Justice also support this view. As websites become central to how businesses operate, they must be designed with accessibility in mind.

    Actionable Steps for Compliance with ADA Title III

    If your business operates online, now is the time to prioritize accessibility. Here are some practical, proven steps to move in the right direction:

    Conduct Accessibility Audits

    Use a mix of automated tools and manual checks to find and fix barriers that prevent access.

    Implement WCAG Guidelines

    Follow the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA to ensure your content is usable for people with disabilities.

    Train Development Teams

    Make sure developers and designers understand accessibility best practices from the start.

    Engage Users with Disabilities

    Include people with disabilities in your testing process—they offer insights that no automated tool can.

    Maintain Ongoing Compliance

    Use tools like a11y.Radar to monitor your site regularly and stay on top of new issues. Accessibility isn’t a one-time fix—it’s ongoing.

    Erkan v. David A. Hidalgo, MD, P.C. provides one example of proactive compliance. There, a judge acknowledged that steps taken to address accessibility concerns helped mitigate legal risk. It’s a good reminder that prevention is always better than response.

    Implications of ADA Title III for Businesses

    This ruling matters most for businesses that sell or provide services online. Failing to address accessibility could lead to legal challenges, negative press, and missed opportunities to connect with customers.

    On the flip side, investing in accessibility shows you value all your users. It can improve user experience, increase brand trust, and even open up new markets.

    The Time to Act is Now

    The Minnesota ruling strengthens the growing understanding that websites are part of the ADA Title III conversation. While not every legal question is settled, businesses have more reason than ever to take accessibility seriously.

    If your website serves the public, this case is a signal to act. Not because you’re forced to—but because it’s the right thing to do.

    To learn more about how to proactively address ADA conformance, schedule an ADA briefing with 216digital today. Our team of accessibility experts is ready to guide your business through every step of the process, helping you stay ahead of evolving legal standards while building a more inclusive web for everyone.

    Greg McNeil

    May 23, 2025
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuits, ADA Title III, Title III, Website Accessibility
  • Website Legal Compliance: What You’re Missing

    When you launch a new site, it’s easy to obsess over visuals, page speed, and fancy features. Yet the part that can hurt most—financially and reputationally—is website legal compliance. From privacy regulations to accessibility standards and copyright concerns, missing the mark can lead to fines, lawsuits, and serious damage to your reputation.

    In this article, we’ll break down the core legal areas every website owner needs to understand—and offer clear steps to help you stay protected and accountable.

    The Importance of Website Legal Compliance

    Website legal compliance refers to the set of laws and regulations that govern how websites must operate. This includes how personal data is collected, stored, and shared, how accessible your site is to users with disabilities, and how you handle intellectual property.

    Staying aligned with today’s legal standards shows that your site is built with care and intention. It reflects a clear understanding of your users’ needs, the expectations of regulatory bodies, and the broader responsibility that comes with running an online business. In practice, legal compliance supports everything from user trust to operational stability.

    The Rules Are Constantly Evolving

    Unfortunately, keeping up with these responsibilities isn’t always straightforward. Legal standards on the web are constantly shifting—what’s acceptable today might fall short tomorrow. New laws roll out, existing ones evolve, and enforcement becomes more active.

    Global data privacy regulations like the GDPR, state-level laws such as California’s CCPA and CPRA, and evolving accessibility standards like WCAG 2.2 introduce new layers of responsibility. These shifts—each with their own nuances and timelines—make it clear that staying compliant isn’t something you do once and forget.

    It takes ongoing attention, flexibility, and collaboration across your digital team to keep everything aligned. Approaching compliance with intention—rather than waiting until something goes wrong—helps keep your site stable and your risk low.

    Key Areas of Website Legal Compliance

    As legal requirements continue to evolve, it helps to understand where your responsibilities fall. Legal compliance spans a wide range of areas—from how you handle user data to the specific regulations that apply to your industry. Breaking it down into manageable parts can make the process feel more focused and achievable.

    Data Privacy & Protection

    Data privacy is all about respecting and protecting the personal information people share when they visit your website—things like names, email addresses, IP addresses, and browsing activity. It gives individuals the right to understand how their data is used, and the ability to make informed choices about it. This includes having the power to access their information, correct it, or even ask for it to be deleted.

    To support these rights, many countries have passed specific laws that set clear rules for how businesses must collect, handle, and share personal data. These laws apply even if your business is located in a different region, as long as you serve users in those areas. Key examples include:

    • General Data Protection Regulation (GDPR): Governs data protection in the European Union. It applies to any business—no matter where it’s located—that collects or processes data from EU residents.
    • California Consumer Privacy Act (CCPA): Grants California residents the right to know what personal data is collected, request deletion, and opt out of data sales.
    • California Online Privacy Protection Act (CalOPPA): Requires commercial websites and online services that collect personal data from California residents to post a clear privacy policy.
    • Personal Information Protection and Electronic Documents Act (PIPEDA): Canada’s primary privacy law for private-sector organizations, outlining rules for obtaining meaningful consent and handling personal information responsibly.

    These laws are designed to protect users’ privacy, and they often apply based on where your users are—not where your business is. If your website serves visitors in these regions, you’re likely required to comply.

    Where to Start

    If you’re aiming to meet data privacy requirements, begin with a few foundational steps:

    • Post a privacy policy that’s easy to understand and up to date.
    • Use a cookie banner that explains what’s being collected and why.
    • Allow users to access, correct, or delete their personal information.
    • Confirm your third-party vendors handle data responsibly.

    You may also need to address specific regulations, such as the Children’s Online Privacy Protection Act (COPPA) if your site collects data from children, or the Federal Trade Commission Act (FTC) if your business operates in the U.S.

    Accessibility

    Your website should work for everyone—not just some visitors. Web accessibility means designing your site so that people with disabilities can use it without barriers. This includes individuals with vision, hearing, mobility, and cognitive differences. Making your website accessible isn’t just considerate—it’s often required by law.

    Here are some of the key legal frameworks that shape web accessibility standards:

    • Americans with Disabilities Act (ADA): A U.S. civil rights law that prohibits discrimination against people with disabilities. While the ADA doesn’t specifically name websites, courts have increasingly ruled that business websites—especially those tied to physical storefronts—must be accessible.
    • Section 508 of the Rehabilitation Act: Requires federal agencies and organizations receiving federal funding in the U.S. to ensure their websites and digital services are accessible to people with disabilities.
    • Accessibility for Ontarians with Disabilities Act (AODA): A Canadian law that sets mandatory accessibility standards for public and private sector websites in Ontario.
    • California’s Unruh Civil Rights Act: A state law that guarantees equal access to all business services, and has been used to support lawsuits demanding website accessibility.

    All of these laws reinforce the same idea: digital spaces should be usable by everyone. And they’re pushing more businesses to treat accessibility as essential—not optional.

    Meeting Technical Standards

    Legal requirements are one side of the equation—making them work on your site is the other. Once you’ve wrapped your head around the laws, the next step is applying them in a way that actually works for your users and your team.

    The most widely recognized framework for building accessible websites is provided by the Web Content Accessibility Guidelines (WCAG). Aiming for WCAG 2.1 Level AA conformance is a strong, practical target. That includes steps like:

    • Making your site usable with a keyboard
    • Adding alt text to meaningful images
    • Providing captions for video content
    • Using clear structure and strong color contrast

    Implementation: Turning Website Legal Compliance Into Culture

    Run an Audit

    Start by evaluating where you stand:

    • Map how personal data flows through your site
    • Check for accessibility barriers
    • Review cookies, plugins, and integrations
    • Document areas for improvement and assign owners

    Audits give you clarity and a foundation for action.

    Update Your Policies

    Maintain clear, accessible documentation:

    • Privacy Policy
    • Cookie Policy
    • Terms of Service
    • Accessibility Statement

    Avoid legal jargon. Update your policies annually or when regulations change. Place them in visible locations, like your website footer.

    Train Your Team

    Website legal compliance isn’t a solo task. Everyone on your team plays a role:

    • Developers ensure systems protect data
    • Designers build with accessibility in mind
    • Marketers follow consent rules and maintain transparency

    Create a shared checklist and offer periodic training to keep everyone aligned.

    Maintain Ongoing Vigilance

    • Schedule quarterly audits
    • Monitor legal updates from reliable sources
    • Log and address user complaints promptly
    • Track progress on accessibility improvements

    This approach transforms compliance from a one-time task into an ongoing priority.

    Feature an Accessibility Statement

    A good accessibility statement provides:

    • Your current conformance level (e.g., WCAG 2.1 AA)
    • A summary of known issues and planned improvements
    • Contact information for feedback

    Publishing a statement makes your efforts visible and invites accountability.

    Future-Proof Your Website

    Website legal compliance doesn’t happen all at once. It’s woven into how you build, update, and maintain your site over time. From protecting data to improving accessibility, every improvement you make is part of a broader commitment—to your users, to your business, and to doing things right.

    There’s no shortcut, and that’s okay. The point isn’t perfection—it’s consistency. Staying informed, making thoughtful updates, and involving your team means you’re building a foundation that can grow with your business, not against it.


    If you’re unsure where to start or need help making sense of it all, 216digital is here. Let’s talk through your next steps in a quick ADA briefing—no pressure, just practical guidance to help you move forward with clarity.

    Greg McNeil

    May 22, 2025
    Legal Compliance
    Accessibility, ADA Website Compliance, data privacy, GDPR, Legal compliance, Web Accessibility
  • ADA Settlements: Risks, Costs, and Legal Outcomes

    When a business is hit with an ADA website accessibility lawsuit, the costs can be more than just financial—they can ripple through development timelines, legal budgets, and brand reputation. And with digital accessibility lawsuits rising yearly, more developers, designers, and product teams are being pulled into legal remediation efforts they didn’t see coming.

    But here’s the truth: Not every site needs to achieve 100% WCAG conformance overnight to avoid legal trouble. Smart, risk-aware development teams know how to focus on what matters most—protecting users and reducing legal exposure—without getting bogged down in unnecessary technical perfection.

    This article breaks down what ADA settlements typically involve, how to assess legal risk in accessibility work, and when to prioritize critical fixes versus deeper WCAG alignment. Whether you’re retrofitting an existing website or launching something new, understanding the difference between technical and practical compliance can help you make more strategic choices.

    What Are ADA Settlements and Why Do They Matter?

    An ADA settlement is a legal agreement made outside of court after someone files a complaint or lawsuit under the Americans with Disabilities Act, usually regarding a website or app that isn’t accessible to people with disabilities. These agreements typically include:

    • A financial payment to the plaintiff (often $5,000–$50,000)
    • A commitment to fix specific accessibility barriers
    • A timeline for remediation and reporting requirements
    • A stipulation to train internal teams on accessibility best practices

    Most companies settle because litigation is expensive, time-consuming, and unpredictable. Settling often avoids further public exposure or escalating legal fees—but it still requires swift technical action and long-term accountability.

    The Real Costs of ADA Settlements

    The direct cost of an ADA settlement can vary, but here’s a realistic breakdown for small to midsize organizations:

    • Settlement payout: $5,000–$30,000 (on average)
    • Attorney fees (your side): $5,000–$20,000+
    • Attorney fees (plaintiff’s side, often paid by you): $5,000–$50,000
    • Remediation costs: $5,000–$50,000 depending on site size and complexity
    • Training and monitoring costs: Ongoing

    Beyond dollars, there’s the cost of dev time, stakeholder panic, potential press coverage, and damage to brand reputation. It’s no wonder more companies are starting to take accessibility seriously before a lawsuit lands on their desk.

    The Technical vs. Practical Accessibility Approach

    Let’s be clear—full WCAG 2.1 AA conformance is a great long-term goal. But when lawsuits or legal demands hit, the more strategic question becomes: What do we fix first to reduce the most risk, fastest?

    Technical Approach

    The technical approach focuses on achieving full conformance with WCAG criteria, including:

    • Semantic structure (landmarks, headings, ARIA roles)
    • Keyboard access for all functionality
    • Color contrast and visual design
    • Error prevention and accessible forms
    • Text alternatives for images, media, and interactive elements

    While comprehensive, this approach can be time-consuming and expensive, especially if your site wasn’t built with accessibility in mind.

    Practical Approach

    The practical approach focuses on real-world usage and risk mitigation, emphasizing:

    • High-risk issues likely to appear in a lawsuit (keyboard traps, unlabeled buttons, inaccessible forms)
    • Fixes that enable blind, low-vision, and mobility-impaired users to navigate, read, and transact
    • Remediating issues cited by popular screen readers (e.g., NVDA, VoiceOver) and automated tools (e.g., Google Lighthouse, WAVE)

    This approach doesn’t replace full compliance—it prioritizes it. For many developers under pressure, this is the smarter path in the short term.

    How to Identify High-Risk Accessibility Issues

    You don’t need to fix every single WCAG failure at once. Start by focusing on the most common issues that trigger ADA lawsuits:

    Issue TypeDescription
    Keyboard TrapsCan’t tab out of a modal or menu
    Missing Button LabelsScreen readers announce “button” with no context
    Inaccessible FormsFields lack labels, or error messages aren’t announced
    Poor Color ContrastText is unreadable for people with low vision
    Broken Skip LinksUsers can’t bypass repetitive navigation
    Inconsistent Heading UseScreen readers can’t navigate efficiently
    Missing Alt TextImages lack descriptions for screen reader users

    Each of these can significantly affect usability—and is a frequent target in lawsuits.

    Real-World ADA Settlement Outcomes

    To understand how this plays out in the wild, here are three simplified examples:

    1. Small Retailer Settles for $15K + Fixes

    A small e-commerce business received a demand letter after their cart and checkout were found to be inaccessible to keyboard users. They settled for $15,000 and committed to a 90-day remediation plan targeting key transactional flows.

    2. Nonprofit Faces Multiple Complaints

    A regional nonprofit was hit with three nearly identical lawsuits within six months. They paid over $60,000 total in settlements, then hired an accessibility partner to run audits, update templates, and add ongoing monitoring.

    3. Enterprise Brand Chooses Full Compliance

    After receiving a lawsuit, a national retailer chose to settle and invest in full WCAG 2.1 AA remediation. The effort took over 9 months but allowed them to build a sustainable accessibility program and avoid future litigation.

    How to Strengthen Accessibility and Reduce Legal Risk

    Navigating ADA compliance doesn’t require perfection—it requires prioritization. While no one expects your team to fix everything overnight, there are key actions you can take right now to reduce your legal exposure and improve user access:

    Get Grounded in WCAG

    You don’t need to memorize the entire spec, but your team should understand the fundamentals. Focus on guidelines related to navigation, labeling, and readable text—areas most often cited in ADA settlements.

    Run an Audit—Then Act

    Automated scans won’t catch everything, but they’re a fast way to surface high-risk gaps like missing alt text or poor contrast. Follow with targeted manual testing or bring in a specialist like 216digital to validate findings and prioritize fixes.

    Train the Right Teams

    Developers aren’t the only ones who touch your site. Marketing, design, and content teams need basic accessibility training so issues aren’t reintroduced after remediation. This step is often required as part of ADA settlements and signals long-term commitment.

    Monitor Continuously

    Accessibility is not a “set it and forget it” process. With 216digital’s a11y.Radar, teams can catch regressions early and stay ahead of future lawsuits.

    Stay Adaptive

    Standards evolve. So should your strategy. Track changes to WCAG and be ready to update design systems, templates, and workflows to maintain long-term compliance.

    Final Thoughts: Don’t Wait for a Lawsuit

    ADA settlements are a growing risk—but they’re also preventable. Developers and site owners don’t have to boil the ocean to protect themselves. By taking a practical, high-impact approach to accessibility and knowing what issues matter most in legal outcomes, you can avoid major pitfalls while creating better digital experiences for everyone.

    The key is to start. Run a scan, fix a few common issues, and build from there. If you’re unsure where to begin, partnering with an accessibility expert like 216digital can guide you through smart remediation strategies that work—before a lawsuit forces your hand.

    Need help navigating accessibility risks?

    Schedule a free 15-minute ADA briefing with 216digital. We’ll review your site and talk strategy and help you take the first step toward compliance and peace of mind.

    Greg McNeil

    May 7, 2025
    Legal Compliance, Uncategorized
    Accessibility, ADA Lawsuit, ADA Lawsuits, ADA settlements, Web Accessibility
  • How to Comply with the Accessible Canada Act (ACA)

    More than 8 million Canadians aged 15 and older—about 22% of the population—live with a disability. For many Canadians, participating in everyday life isn’t as simple as it should be. Whether it’s trying to book a train ticket online or reading government services on a mobile device, too many still face digital and physical barriers.

    The Accessible Canada Act (ACA) was created to help change that. It’s a law designed to make Canada more accessible for everyone, including online spaces. This guide breaks down what the ACA means, who needs to follow it, and how you can make your website more accessible—without needing to be a tech expert.

    Understanding the Accessible Canada Act (ACA)

    The ACA was introduced in 2018 and became law in 2019. It’s part of Canada’s big-picture goal to be barrier-free by 2040. That means removing obstacles across seven key areas:

    • Jobs and workplaces
    • Physical spaces
    • Digital content and tech (like websites and apps)
    • Communications
    • Buying goods and services
    • Public programs
    • Transportation

    What makes the ACA especially strong is that it was shaped by people with disabilities, organizations, and community leaders. It’s not just a set of rules—it’s a promise to include all Canadians in every part of life.

    Who Needs to Comply with the ACA?

    The ACA applies to federally regulated organizations. This includes:

    • Government departments and agencies
    • Crown corporations (like Canada Post or CBC)
    • Banks and federal financial institutions
    • Telecom companies (like phone and internet providers)
    • Airlines, railways, and ferries
    • Parliament (Senate and House of Commons)

    If you fall into one of these categories, you must follow the ACA. But even if you don’t—say you run a private business or work under a provincial law—following the ACA is still a smart move. It can reduce legal risk, build trust with customers, and improve everyone’s experience with your website.

    The Real-World Impact of Web Accessibility

    Yes, the ACA is a law. But it’s also about something much deeper: inclusion.

    When your website is accessible, it’s easier for everyone to use—not just people with disabilities. Think about clear navigation, readable fonts, and keyboard-friendly features. These help:

    • Older adults
    • People using screen readers
    • Those with low vision or color blindness
    • Anyone using voice commands or assistive devices

    Accessible sites also rank better on search engines, reach wider audiences, and show you care about being fair and welcoming. That’s good for business and even better for community trust.

    ACA Web Accessibility Standards and Guidelines

    To follow the ACA, many organizations use a standard called WCAG 2.1 Level AA (Web Content Accessibility Guidelines). While the ACA doesn’t make this mandatory, it’s the most recognized guide for creating accessible websites.

    WCAG helps you cover:

    • Text alternatives for images (like alt text)
    • Keyboard access for people who can’t use a mouse
    • Readable color contrast and font sizes
    • Clear layout and structure

    Another tool is EN 301 549, a European standard adopted in Canada. It adds more guidance for software, hardware, and mobile apps.

    Using WCAG and EN 301 549 shows you’re serious about accessibility—and helps prove ACA compliance if questions ever come up.

    Who Enforces the ACA—and What Happens If You Don’t Comply?

    Different agencies oversee different sectors:

    • Accessibility Commissioner: Reviews complaints and enforces penalties
    • Canadian Transportation Agency: Handles transport issues
    • CRTC: Monitors telecom and broadcasting
    • FPSLREB: Focuses on federal workplace issues

    If you break the rules under the ACA, you could face:

    • Fines up to $250,000 per violation
    • Compliance orders or warnings
    • Corrective action agreements

    It’s much easier—and smarter—to stay ahead of the curve.

    How to Meet Web Accessibility Requirements

    Start With an Audit

    Use automated tools, but don’t stop there. Pair them with real human testing—especially from people with disabilities.

    Design with accessibility in mind:

    • Add text descriptions to images
    • Make sure all parts of your site work with a keyboard
    • Use simple, readable fonts
    • Keep contrast between text and background strong

    Get Feedback From User

     People with lived experience can help you spot issues you may have missed.

    Test Everything

    Don’t forget about PDFs, videos, and mobile apps—they all need to meet ACA goals, too.

    ACA Reporting and Documentation

    If you’re federally regulated, the ACA says you must publish:

    • An Accessibility Plan: This outlines how you’ll find and remove barriers, and must include input from people with disabilities.
    • Progress Reports: Regular updates that show what’s been done and what’s next.

    These aren’t just paperwork. They’re proof that you’re doing the work—and thinking long-term.

    How to File an ACA Complaint

    If someone feels a business or organization is breaking the ACA, they can file a complaint. The steps include:

    1. Find the right agency (such as the Accessibility Commissioner or CTA)
    2. Submit the complaint online or in another accessible way
    3. Take part in any follow-up investigations

    This system helps ensure people have a voice and that organizations stay accountable.

    Other Accessibility Laws in Canada

    Even if the ACA doesn’t apply to your business, provincial laws might. Here are some examples:

    • AODA – Ontario
    • AMA – Manitoba
    • Nova Scotia Accessibility Act
    • Accessible British Columbia Act
    • Newfoundland and Labrador Accessibility Act

    Many of these laws include WCAG requirements and share similar goals with the ACA: to make sure everyone, regardless of ability, can fully participate in society.

    Helpful Tools and Support

    You don’t have to do this alone. Many resources can help:

    • CASDO (Canadian Accessibility Standards Development Organization): Creates national accessibility standards
    • W3C (World Wide Web Consortium): Offers WCAG guidelines and support
    • Testing tools: Use screen readers, color contrast checkers, and simulators to evaluate your site
    • Ongoing training: Keep your team up to date with the latest best practices

    Make Accessibility a Core Part of What You Do

    Complying with the ACA isn’t about checking boxes. It’s about helping all people feel seen, heard, and included—online and beyond.

    You don’t need to get everything perfect overnight. But you do need to start. The ACA sets a strong foundation, and taking action now puts you on the right path.

    At 216digital, we understand the technical side of accessibility—and the human side, too. Whether you need an audit, a plan, or long-term strategy, we’re ready to help.

    Let’s work together to make the web a better place for everyone.

    Schedule your free consultation today and take the first step toward ACA compliance.

    Greg McNeil

    April 29, 2025
    Legal Compliance
    ACA, Accessibility, ADA Website Compliance, Canada, International Accessibility Laws, Website Accessibility
  • Building Trust Through Data Privacy and Accessibility

    Picture this: you’re on a checkout page, ready to buy, when a wall of legal text blocks the button and your screen reader can’t even find the “accept” link. Do you trust that site? Most shoppers don’t—and they bail. Privacy and accessibility shouldn’t be an either-or proposition; handled together, they build instant confidence.

    Too often, users are forced to choose between protecting their personal information and navigating a website with ease. A confusing privacy policy here, an inaccessible cookie banner there—and just like that, trust starts to slip. At their core, data privacy and accessibility both ask the same questions: Are we being clear? Are we giving people control? Are we including everyone? When these two efforts work together, they create a better experience for every user.

    This article explores how to align your site’s approach to data privacy and accessibility, why it matters, and what steps your team can take to build real trust from the very first click.

    Why Data Privacy and Accessibility Align

    Data privacy is about protecting what you learn from your visitors. Accessibility is about making sure they can actually use your website. On the surface, these may seem like different goals, but they share three core principles:

    • Transparency – Tell users what you do.
    • Control – Let them decide how much to share.
    • Inclusion – Make every tool usable.

    When people understand your policies and can reach every corner of your site—whether by mouse, keyboard, or screen reader—they’re more likely to stick around, make purchases, and return again.

    A Quick Primer on U.S. Privacy Rules

    Let’s zoom in for a moment on data privacy laws in the U.S. Several states now give residents clear rights over their data. The California Consumer Privacy Act (CCPA) and its update, the CPRA, let users see, delete, or limit the sale of their personal details. Colorado, Connecticut, Utah, Virginia, and Oregon have passed similar laws.

    Even if your company isn’t based in one of these states, chances are good that someone from those areas is visiting your site. Following the most comprehensive rules isn’t just about compliance—it’s the safest and smartest path forward for your brand.

    What Accessibility Means Online

    Accessibility means ensuring people with visual, hearing, motor, or cognitive disabilities can use your site. The Web Content Accessibility Guidelines (WCAG) spell out how to do this, with best practices like:

    • Keyboard navigation
    • Clear headings and layout
    • Adequate color contrast
    • Captions or transcripts for videos and audio

    It’s not just about doing the right thing. Courts have increasingly linked the Americans with Disabilities Act (ADA) to public-facing websites. That makes accessibility both a quality goal and a legal imperative.

    Where the Two Worlds Meet

    Want to see where data privacy and accessibility collide? Just look at your cookie banner.

    This is often the first thing visitors see—and it’s where trust can break in two. If the banner traps keyboard focus, lacks contrast, or can’t be closed without a mouse, users who rely on assistive tech may bounce before they even get started. In that moment, data privacy controls fail, and usability collapses.

    It’s a missed opportunity. Done well, that same banner could build credibility and demonstrate respect—for choice and access alike.

    Four Places Trust Can Break

    Let’s look at four areas of your site where trust is most likely to falter—and how to fix it before it does.

    1. Consent & Cookie Pop-Ups: The Front Door of Trust

    • Say it out loud. Code the banner so screen readers announce the headline first—not the fine print.
    • Keep the keyboard in the room. Maintain a clear focus ring so keyboard users never lose track.
    • Use plain language. Simple buttons like “Accept,” “Decline,” and “Customize” make choices obvious.

    2. Forms and Checkout

    • Ask for only what you need. Don’t overreach with your data collection.
    • Pair every field with a label. Avoid using placeholder text alone.
    • Flag errors clearly. Use both text and color, and link error messages back to the form fields.

    3. Analytics and Tracking

    • Honor Do Not Track signals. Respect user intent where it’s expressed.
    • Add opt-out links. Put them in your footer and make them keyboard accessible.
    • Anonymize IPs. Avoid tying activity to identifiable users when possible.

    4. Content Files

    • Tag your PDFs. Make them searchable and readable.
    • Scrub personal info. Clean downloadable files of names or sensitive data.
    • Write great alt text. Describe visuals without exposing private details.

    These aren’t extras—they’re basics. Nail them, and you’ll show visitors you care about both their data privacy and their ability to engage.

    Building a Cross-Team Trust Framework

    Trust isn’t built in one department—it’s a team effort. But in many organizations, legal, development, and marketing work in silos. That’s a recipe for gaps.

    Instead, bring everyone to the table with shared goals:

    • Legal writes policies in clear, eighth-grade reading level language. Add a short “Plain English Summary” at the top.
    • Developers turn policy into practice. They build with WCAG 2.2 AA in mind, test with screen readers, and verify keyboard accessibility.
    • Marketing respects consent signals. They use analytics tools that focus on aggregated data and avoid building detailed user profiles.

    Hold short monthly standups. Each group should report progress on bounce rate, opt-out rate, and accessibility errors. When everyone has a number to own, priorities align.

    Action Plan in Seven Steps

    A combined data privacy and accessibility strategy doesn’t have to be complicated. Here’s a quick-start checklist:

    1. Map every data touchpoint. Include forms, chats, analytics tools, and third-party scripts.
    2. Run a joint audit. One checklist, two goals. Avoid duplicate work.
    3. Fix high-risk issues first. Broken keyboard access on a checkout form can cost you sales—and get you sued.
    4. Choose a consent platform that meets WCAG. Look for keyboard support and scalable font sizes.
    5. Rewrite dense policy pages. Use short sentences, descriptive headers, and bullet points.
    6. Train your team. Cover accessibility and data privacy in new hire orientation and quarterly refreshers.
    7. Publish a changelog. Tell users when you update how their data is handled or how the site works. It shows you’re transparent.

    Measuring Success

    Trust is hard to measure—but not impossible. Here are a few indicators that your efforts are paying off:

    • Fewer support tickets about navigation or login issues
    • Lower cart abandonment rates
    • Higher sign-ups after revising consent forms
    • Better survey results when asking if users feel safe and included

    Small gains in these areas show you’re on the right track. Over time, they compound into stronger customer relationships.

    Final Thoughts

    Trust isn’t just a design trend—it’s a survival strategy in modern e-commerce. When data privacy and accessibility go hand in hand, you create a website that feels safe, respectful, and inclusive.

    And that kind of experience builds loyalty.

    If you’d like a second set of eyes on both privacy and accessibility, let’s talk. At 216digital, we specialize in aligning accessibility and data privacy from the ground up. Together, we can help you build a site that earns trust from the first click—and keeps it long after the page loads.

    Greg McNeil

    April 25, 2025
    Legal Compliance, Web Design & Development
    California Consumer Privacy Act, data privacy, WCAG, web development, Website Accessibility
  • UK Accessibility Laws: What You Need to Know

    Have you ever clicked on a website that just didn’t work the way it should? Maybe the text was hard to read, the buttons didn’t respond, or a pop-up blocked the screen with no way to close it. Now imagine facing those kinds of barriers every single day.

    For more than 16 million people in the UK living with a disability, this isn’t just an occasional frustration — it’s a constant roadblock. And when websites and digital tools aren’t built with accessibility in mind, they can shut people out entirely.

    In the UK, accessibility isn’t just a nice idea. It’s the law. If you run a website, app, or digital service, it’s important to understand the accessibility laws that apply — and what you can do to comply.

    1. The UK Accessibility Laws

    The Equality Act 2010

    This foundational law underpins all UK accessibility laws. It applies to both public and private organizations and protects individuals from discrimination.

    If you sell products, offer services, or manage a digital platform, you’re expected to make “reasonable adjustments” so people with disabilities can access what you offer. That includes websites and mobile apps.

    Although the law doesn’t spell out technical details, UK courts and regulators typically point to the Web Content Accessibility Guidelines (WCAG) as the benchmark for compliance.

    Public Sector Bodies Accessibility Regulations 2018

    These regulations strengthen the Equality Act by applying specific digital requirements to public sector websites and apps. They mandate compliance with WCAG 2.1 Level AA (updated to WCAG 2.2 AA), and require public bodies to:

    • Publish an accessibility statement outlining compliance and known issues
    • Audit their digital content regularly
    • Continuously improve accessibility

    These rules apply to government departments, NHS services, schools, and more — with a few exceptions, such as staff-only school websites and certain heritage content.

    BS 8878: The UK Accessibility Standard

    BS 8878 is a voluntary standard that provides a practical framework for including accessibility in digital projects. It encourages early planning, clear roles, and ongoing testing. While not a legal requirement, it’s a helpful guide for organizations building inclusive systems.

    The European Accessibility Act (EAA)

    Though the UK has left the EU, the EAA still matters for UK businesses that serve EU customers. If your digital products reach across borders, you may be subject to EU accessibility laws. Failing to comply can lead to legal and financial consequences. Planning for global accessibility from the start is the safest approach.

    Understanding WCAG: The Global Accessibility Guide

    WCAG are global standards established by the W3C to enhance web accessibility for individuals with various disabilities, including those affecting vision, hearing, mobility, and cognition.

    WCAG is designed to help web developers, designers, and content creators make digital experiences usable for people with a wide range of disabilities — including visual, hearing, cognitive, and mobility challenges.

    Even though WCAG isn’t a law in itself, it’s the benchmark that courts, regulators, and organizations across the UK (and globally) use to judge accessibility. In fact, both the Equality Act 2010 and the Public Sector Accessibility Regulations rely on WCAG as the go-to standard.

    The most current version required by UK public sector regulations is WCAG 2.2 Level AA, though previous versions (like WCAG 2.1) are still widely referenced. Whether you’re in the public or private sector, aiming for Level AA is a smart and future-proof move.

    The POUR Principles

    WCAG is built around four guiding principles, known as POUR. They form the foundation of accessible digital design:

    • Perceivable – Content must be presented in ways users can recognize
    • Operable – Users must be able to interact with and navigate your site
    • Understandable – Content and navigation must be clear and predictable
    • Robust – Content must work across devices, browsers, and assistive technologies

    Key WCAG Requirements

    Some of the most impactful requirements include:

    • Text alternatives for images and media
    • Full keyboard navigation support
    • Sufficient color contrast
    • Clear heading structures and form labels
    • Avoiding flashing or blinking content that could trigger seizures

    What Compliance Actually Looks Like

    Not sure where to begin? Start simple — and build from there.

    Run an Accessibility Audit

    Start with a self-assessment using tools like WAVE or Google Lighthouse for a high-level review. Follow that with manual testing — screen readers, keyboard-only navigation, and real user feedback can reveal deeper issues that automated tools miss.

    Fix the Biggest Barriers First

    Focus on fixes that make an immediate difference. This includes:

    • Inaccessible forms
    • Poor color contrast
    • Missing alt text
    • Non-descriptive links
    • Broken keyboard navigation

    These improvements can help people complete key tasks — like contacting you, booking a service, or completing a purchase.

    Create and Publish an Accessibility Statement

    Public sector organizations are required to do this, but private companies should consider it, too. A good statement includes:

    • The WCAG level your site currently meets
    • Any areas that still need improvement
    • Contact information for accessibility issues
    • Your plans for ongoing updates

    Train Your Team

    Accessibility isn’t just for developers. Writers, designers, marketers, and customer service teams all play a role. Provide training so everyone understands their part and knows how to apply best practices.

    Integrate Accessibility into Every Project

    The earlier you consider accessibility, the better. Include it in planning documents, design briefs, and test plans from the beginning. It’s easier (and more cost-effective) than fixing issues after launch.

    Monitor and Maintain

    Accessibility is not a “set it and forget it” task. Whenever you update your site, add a video, or launch a new form, test again. Keep your accessibility statement current, and consider partnering with a team that offers ongoing accessibility monitoring and support.

    What Happens If You Don’t Comply With UK Accessibility Laws?

    Failing to meet UK accessibility laws can have serious consequences:

    • Legal action: Users can take legal steps under the Equality Act — and courts have ruled in their favor.
    • Enforcement: Public sector websites are actively monitored and held accountable.
    • Costly retrofits: Fixing issues after launch is far more expensive than designing accessibly from the start.
    • Reputation risk: Exclusion hurts your brand — and word spreads.
    • Lost business: Around 21% of the UK population lives with a disability. If your digital services aren’t accessible, you’re shutting out millions of potential customers.

    Conclusion: You Don’t Have to Do This Alone

    UK accessibility laws are clear — and so is the need for action. But this isn’t just about avoiding lawsuits. It’s about creating better, fairer digital spaces for everyone.

    Accessibility is an investment in your site’s usability, your brand’s reputation, and your organization’s future. Prioritize it now, and you’ll not only meet the law — you’ll lead with inclusion.

    At 216digital, we make the journey easier. From in-depth audits and team training to development support and monitoring, we help organizations meet accessibility laws and build digital experiences that work for everyone.

    Need help meeting UK accessibility laws? Start with a free consultation from 216digital. Let’s build something better — together.

    Greg McNeil

    April 22, 2025
    Legal Compliance
    accessibility laws, International Accessibility Laws, UK, WCAG, WCAG 2.1, WCAG 2.2
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