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  • Everything on Accessibility for Ontarians with Disabilities Act (AODA)

    Did you know that one in five Ontarians has a disability? This means that a large segment of the population faces barriers many of us rarely consider—especially when going online. For businesses and website owners, ignoring accessibility can shut out customers who want your products or services but can’t navigate your site with ease. Creating an accessible experience isn’t just good practice; in Ontario, it’s also the law.

    Ontario’s Accessibility for Ontarians with Disabilities Act (AODA) was introduced in 2005 to help reduce and remove barriers for people with disabilities. Many businesses still fall short of meeting AODA requirements, even though compliance is mandatory. This article will clarify key regulations under the AODA, explain why it matters, and offer actionable steps to ensure your website is accessible. By the end, you’ll feel more confident in your ability to meet these legal and ethical obligations.

    A Quick Overview: What Is the AODA?

    The Accessibility for Ontarians with Disabilities Act (AODA) is a landmark law passed in 2005. It sets out rules to make everyday life better for people with disabilities in Ontario. While the AODA covers physical spaces, such as ensuring ramps and wide aisles, it also applies to digital properties. In other words, your website, apps, and online documents fall under its scope.

    By focusing on technology as well as brick-and-mortar locations, the AODA aims to provide equal access to everyone—whether they’re using a wheelchair, a screen reader, or any other assistive device.

    Why was the AODA Needed?

    Before the AODA became law, the Ontarians with Disabilities Act (ODA) tried to address similar issues. Passed in 2001, the ODA mainly targeted government agencies. Because it lacked strong enforcement tools, it didn’t do enough to break down barriers in the private and non-profit sectors.

    Recognizing these gaps, lawmakers introduced the AODA. Unlike the ODA, the AODA has clear enforcement measures that can include significant penalties for organizations that fail to comply. By building on the lessons from the ODA, the AODA established a more forward-looking system. This system continues to evolve, raising expectations for businesses to be fully inclusive in both physical and virtual environments.

    The 5 Standards of the AODA

    The AODA is made up of five key standards. Each standard focuses on a different area of daily life, ensuring organizations take a broad approach to accessibility.

    Customer Service

    This standard ensures that people with disabilities can interact with businesses as smoothly as anyone else. Examples include providing sign language interpreters for events and making store aisles wide enough for wheelchairs or walkers.

    Information and Communications

    Under this standard, organizations must offer information in accessible formats—like braille, large print, or audio. Websites also need to be designed in ways that people with disabilities can use, which includes ensuring screen readers and other assistive tech can read the content correctly.

    Employment

    Employers must create equitable hiring and workplace practices. They might offer flexible work hours or specialized equipment to employees with disabilities. The goal is to remove barriers that keep talented individuals from fully contributing at work.

    Transportation

    Public transit, taxis, and specialized transport services must meet the needs of individuals with mobility, vision, or hearing challenges. This standard helps people with disabilities stay mobile, independent, and connected to their communities.

    Design of Public Spaces

    This part of the AODA deals with the built environment. It covers things like ramps, tactile guiding surfaces, and other physical accessibility features in newly constructed or renovated public spaces.

    AODA and Web Accessibility Requirements

    One of the most impactful parts of the AODA is its focus on web accessibility. Under the law, most public and private organizations in Ontario must make their websites comply with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. WCAG sets international standards for how to make online content accessible to people with various disabilities. The guidelines come in three levels: A, AA, and AAA. A is the most basic level, while AAA is the most strict. The AODA currently targets Level AA, striking a balance between practicality and inclusivity.

    Core Elements of Compliance

    • Keyboard-Only Navigation: Making sure users can move through a site without a mouse.
    • Alt Text for Images: Providing descriptive text that screen readers can read aloud.
    • Sufficient Color Contrast: Text and background colors need enough contrast for people with low vision to read easily.
    • Resizable Text: Allowing users to enlarge text without losing important features.
    • Assistive Technology Compatibility: Ensuring your site works well with screen readers, voice recognition, and other tools.

    If your organization is in Ontario—be it a private company, non-profit, or government body—chances are you need to follow AODA web standards. Companies with 50 or more employees must also file accessibility reports, but even smaller companies should prioritize compliance to serve all customers properly.

    AODA Enforcement and Penalties: What’s at Stake?

    The Accessibility Directorate of Ontario is in charge of making sure the AODA is followed. If they find you in violation, they can issue warnings and fines. The amount depends on several things:

    • How severe the violation is
    • Whether it’s a first-time or repeat offense
    • Whether it’s an individual or a corporation in violation

    Fines can range from a few hundred dollars to $100,000 per day. Beyond the financial risk, non-compliance can harm your reputation. Consumers today expect brands to show responsibility and compassion. Failing to meet AODA requirements may lead potential customers to shop elsewhere.

    How to Know if Your Website Is AODA-Compliant

    Checking your website against AODA standards can be done in several ways. Automated tools can scan your pages for some basic issues, like missing alt text or poor color contrast. However, these tools only catch part of the problem. A manual audit done by professionals offers deeper insight, finding subtle issues that automated scans often miss—like improper link descriptions or confusing page layouts.

    The best approach is usually a mix of both:

    • Automated Checks: Quick and helpful for spotting coding errors and missing tags.
    • Human Review: Experts test your site with screen readers and other assistive technologies, ensuring a more complete analysis.

    Steps to Remediate Accessibility Issues

    Achieving AODA compliance is a journey rather than a one-time fix. Here are key steps to help your organization move forward:

    Learn WCAG Standards

    Study the WCAG 2.0 Level AA requirements. Focus on text contrast, alt text, keyboard navigation, and other essentials.

    Run an Accessibility Audit

    Use online tools or consult with 216digital for a thorough website review. A professional audit can uncover issues that might go unnoticed with basic scans.

    Fix Identified Issues

    Some problems can be solved with simple changes like adding alt text or adjusting font sizes. Others might need deeper code updates or rethinking your site’s design.

    Train Your Team

    If your staff isn’t aware of accessibility best practices, problems will keep popping up. Educate content writers, graphic designers, and developers about inclusive design.

    Stay Up to Date

    WCAG guidelines and AODA regulations can evolve over time. Keep checking official sources or partner with an accessibility-focused service provider.

    Implement Ongoing Monitoring

    Tools like 216digital’s a11y.Radar can help you spot and fix new issues before they become major obstacles for users with disabilities.

    Conclusion

    Meeting the requirements of the AODA isn’t just about avoiding fines—it’s about treating all people with fairness and respect. By making your website accessible, you open your virtual doors to a larger audience, improve your public image, and stay on the right side of the law. More than that, you make a real difference in the lives of those who rely on accessible websites to work, shop, learn, and connect.

    If you’re not sure where to begin, start by assessing your site for AODA compliance through an automated and manual audit. From there, put together a plan to fix errors, train staff, and keep up with any changes in the rules. If you need extra support, reach out to specialists like 216digital for expert guidance—whether you want help running an audit or need hands-on assistance to resolve complex issues.

    Remember, accessibility isn’t a box you check once; it’s an ongoing commitment that benefits everyone. By embracing the AODA and focusing on web accessibility, you’re doing more than following the law—you’re building a better future for all Ontario residents and online visitors alike.

    Greg McNeil

    April 1, 2025
    Legal Compliance
    Accessibility, Accessibility for Ontarians with Disabilities Act, accessibility laws, AODA, International Accessibility Laws, Website Accessibility

  • Will the EAA Really Affect U.S. Businesses?

    If you’re a U.S.-based e-commerce entrepreneur, website owner, or digital compliance professional, you’ve probably heard of the European Accessibility Act (EAA). This legislation aims to standardize accessibility requirements across the European Union (EU), impacting everything from e-commerce and banking to transportation. At first glance, it may seem like yet another global regulation lurking on the horizon. But here’s the good news: for most U.S. businesses, the EAA is far less of a legal threat than you might think.

    While there’s been chatter that EAA-related fines could reach American shores, practical realities—like jurisdiction limits and the complexities of cross-border enforcement—mean it’s unlikely to affect you unless you have a substantial European footprint. Still, that doesn’t mean you should shrug off accessibility. Stateside, legal obligations are mounting quickly, and both federal and state-level regulations on web accessibility are gaining traction. In fact, ADA lawsuits connected to digital accessibility are soaring, putting genuine pressure on U.S. businesses to ensure inclusivity.

    In this article, we’ll take a closer look at why the EAA probably won’t keep you up at night if you’re mostly serving U.S. customers. We’ll also explore why your real focus should stay on meeting domestic accessibility requirements—and how investing in accessibility can not only protect you from legal headaches but also help you reach new customers.

    The EAA and Its Scope

    At its core, the EAA is designed to make sure products and services in the EU are accessible to people with disabilities. Think of it as a catch-all that covers a wide range of areas, including:

    • Websites and Mobile Apps: E-commerce sites and other digital platforms should be compatible with assistive technologies like screen readers, offering clear, user-friendly layouts.
    • Financial Services: Online banking platforms must be workable for people with visual, mobility, or other impairments.
    • Transportation Services: Booking and ticketing systems should be built with inclusive design principles in mind.

    Although these rules zero in on European markets, any company that aggressively sells to EU residents might need to comply. The bottom line: if you’re physically located in the EU or do a significant amount of business there, you’re on the EAA’s radar. But if you’re a small U.S. boutique that only very occasionally ships overseas, the likelihood of direct EAA enforcement is pretty slim.

    Application to U.S. Businesses

    Let’s say you’re a U.S.-based e-commerce owner who sells mostly to Americans. The odds are that you won’t need to stress about the EAA in a strict sense. If 95% of your customers are stateside, EU regulators won’t have much reason to come knocking. On the other hand, if you’ve set up localized sites for different European countries, handle EU shipping logistics, or run targeted campaigns in Europe, then yes, the EAA becomes more relevant.

    In short, the EAA matters most to companies that are genuinely active in Europe. If that’s not you, you can breathe a little easier—but remember that web accessibility is still a big deal in the U.S.

    The Limited Reach of EAA Enforcement in the U.S.

    Cross-Border E-Commerce Engagement

    One of the main reasons the EAA might not impact smaller American businesses is the nature of cross-border e-commerce itself. While online selling is global in principle, a lot of U.S. companies still cater primarily to domestic buyers. In fact, about 25% of North American e-commerce is cross-border; that leaves 75% as local, and a stronger domestic focus typically means lower risk of EU regulatory scrutiny.

    If you’re not set up for international shipping or don’t localize your site for EU customers, you’re even less likely to get attention from European authorities. An occasional European sale here or there usually won’t land you under the EAA umbrella.

    Challenges in International Enforcement

    The EU can’t just wave a wand to enforce its laws on businesses located in other countries; it needs legal jurisdiction and international cooperation. Historically, European regulators tend to target bigger players—those with a notable EU presence and significant resources—rather than chasing smaller American businesses that ship an item or two overseas.

    Potential Business Responses

    Some companies respond to foreign regulations like the General Data Protection Regulation (GDPR) by blocking traffic from EU regions altogether. While that certainly sidesteps EAA compliance, it also shuts the door on potential European customers. Another approach is adopting accessibility best practices proactively. Even if you never hear from EU regulators, making your site inclusive can keep you safe from domestic lawsuits and win you new fans at home and abroad.

    Why EAA Compliance May Not Be a Top Priority for U.S. Regulators

    GDPR Enforcement as a Precedent

    When the GDPR went live in 2018, a lot of U.S. businesses scrambled to post cookie consent banners or even block European visitors. Over time, though, we saw that heavy fines usually targeted giants like Meta and Google—companies that clearly operate in the EU. Most smaller U.S. entities, especially those without a European presence, didn’t face the same scrutiny.

    The EAA will follow a similar pattern. Regulators will focus first on the big fish: major corporations that do a lot of business in Europe. If you’re not among them, your risk goes down considerably.

    Focus on EU-Based Entities

    Enforcement agencies work most effectively with entities physically or legally based in the EU. If you’re a mid-size American seller without any EU office or significant European operations, you’re unlikely to draw regulator attention. This doesn’t mean zero risk—it just means the probability is low compared to the very real possibility of an ADA lawsuit in the U.S.

    The Real Risk: U.S. Web Accessibility Laws & State-Level Legislation

    ADA and Web Accessibility Lawsuits

    While the EAA might sound intimidating, the Americans with Disabilities Act (ADA) is the real concern for many U.S. businesses. In 2023 alone, over 4,600 ADA-related web accessibility lawsuits were filed in the U.S., most notably in states such as New York, Florida, and California. 

    These lawsuits often ask questions like:

    • Is your website easily navigable with a screen reader?
    • Do you have captions for your videos?
    • Can users complete a purchase using only a keyboard?

    Lacking these features can land you in hot water, resulting in demand letters, lawsuits, and potentially hefty legal costs. Even if you avoid a lawsuit, states like California and New York are increasingly pushing for stricter rules around digital accessibility. If you have customers in these states, you can’t afford to ignore these developments.

    The Imperative of Web Accessibility

    Accessibility is more than a legal shield—it’s also good business. Almost one in four adults in the U.S. lives with some form of disability, which means making your website inclusive can significantly broaden your audience. On top of that, accessible sites often provide a smoother overall user experience and align well with search engine optimization (SEO) best practices.

    Focus on What Really Matters for U.S. Businesses

    The EAA is critical for businesses with a genuine stake in EU markets, but if your customer base is mostly American, the EAA probably won’t become your biggest legal headache anytime soon. EU regulators usually set their sights on larger players with a visible European footprint, so a small U.S. business with minimal European sales isn’t high on their list.

    Prioritizing Domestic Compliance

    Instead of stressing over the EAA, channel your energy into meeting domestic accessibility standards. ADA lawsuits and state-level rules in the U.S. are ramping up, and that’s where your real vulnerability lies. By aligning with ADA guidelines and the Web Content Accessibility Guidelines (WCAG), you minimize the risk of legal trouble here at home.

    Benefits of Accessibility

    Beyond reducing legal risks, accessibility has plenty of other perks:

    • Better User Experience: A clean, inclusive layout helps everyone.
    • Bigger Audience: You’ll welcome people with disabilities, which is a sizable market segment.
    • Stronger Brand Reputation: Consumers appreciate businesses that take inclusivity seriously.
    • SEO Boost: Search engines favor structured, easy-to-navigate websites.

    Protect Your Business Where It Counts Most

    It’s easy to feel overwhelmed by headlines about the EAA and worry that European regulators might suddenly target American businesses. However, realistically, their enforcement focus is primarily on companies with strong ties to the EU. If you’re mostly selling to an American audience, the European Accessibility Act shouldn’t keep you up at night.

    Instead, put your energy where it matters most—your website’s domestic accessibility. ADA compliance is not just about avoiding lawsuits; it’s an opportunity to connect with a broader audience and build a more inclusive, trustworthy brand.

    If you’re unsure where to start or want to ensure your business is fully protected and accessible, reach out to our team at 216digital. Our experts will help you identify your accessibility gaps, guide you through compliance, and ensure your site delivers an inclusive experience for everyone.

    Don’t wait until accessibility becomes an emergency—contact 216digital today and get ahead of the curve.

    Greg McNeil

    March 12, 2025
    Legal Compliance
    Accessibility, accessibility laws, EAA, European Accessibility Act, Legal compliance, Web Accessibility, Website Accessibility

  • How State Accessibility Laws Are Changing the Web

    Laws are supposed to make things clearer, right? But when it comes to web accessibility, things aren’t always so straightforward. The Americans with Disabilities Act (ADA) is meant to ensure equal access for people with disabilities, yet it doesn’t outline exactly what website owners need to do. That legal gray area has led many states to introduce their own state accessibility laws, filling in the gaps and setting clearer expectations.

    These state accessibility laws aren’t just patchwork solutions—they’re shaping the future of the internet. For businesses and website owners, staying ahead of these changes can mean the difference between compliance and costly legal trouble. More importantly, these laws help build a more inclusive web, ensuring people with disabilities can navigate online spaces without barriers.

    Why States Are Creating Their Own Accessibility Laws

    The ADA was designed to protect people with disabilities, and for a while, many assumed it would extend naturally to websites. But here’s the problem: the law doesn’t spell out digital accessibility requirements, leaving businesses uncertain about what’s expected of them. Meanwhile, the internet has evolved faster than legislation can keep up.

    To bridge this gap, some states are passing their own state accessibility laws, setting clear rules for businesses and organizations. Unlike broad federal regulations, these state accessibility laws often provide detailed guidelines that eliminate the guesswork for website owners.

    How These Laws Set New Standards

    When a state enacts digital accessibility laws, it typically mandates a set of standards that websites must follow. The most common benchmark? The Web Content Accessibility Guidelines (WCAG) cover essential elements like color contrast, keyboard navigation, and video captions.

    For example, state accessibility laws may require public-facing websites to comply with WCAG 2.1 Level AA. These state-specific regulations provide direct instructions, making compliance more straightforward than federal mandates. As more states adopt these standards, websites become more user-friendly and accessible to all.

    Filling the Gaps in Federal Law

    Federal laws play a crucial role in protecting people with disabilities, but they often lack specifics. This ambiguity leaves businesses unsure of how to achieve compliance. State accessibility laws provide much-needed clarity.

    For instance, some state accessibility laws require businesses to add alt text to images—a simple description that screen readers use to help blind users understand visual content. Others mandate captions or transcripts for videos, ensuring accessibility for those who are deaf or hard of hearing. These straightforward updates can significantly improve usability.

    What Website Owners Need to Know

    If you own or manage a website, these state accessibility laws matter. States may have different requirements, and even if your business is based in one location, you could be subject to laws of another state if your website serves customers there.

    Ignoring state accessibility laws isn’t just risky—it can be expensive. Some states impose fines for noncompliance, and lawsuits over website accessibility are on the rise. Even small businesses aren’t immune.

    But compliance isn’t just about avoiding penalties. A well-structured website with clear navigation, readable text, and a thoughtful layout benefits everyone, not just those with disabilities. When your site is easier to use, visitors are more likely to stay, shop, and return.

    Getting Started with Web Accessibility

    Improving website accessibility might seem daunting, but breaking it down into simple steps makes it manageable:

    1. Audit Your Website – Use free tools like WAVE or Google Lighthouse to scan your site for common accessibility issues, such as low color contrast or missing alt text.
    2. Follow Recognized Guidelines – Familiarize yourself with WCAG, which offers clear instructions on making digital content more inclusive.
    3. Train Your Team – Developers, designers, and content creators should understand basic accessibility principles. Even small changes—like using descriptive link text—can improve usability.
    4. Stay Informed – Laws are evolving. Keep up with accessibility regulations in the states where you do business. When in doubt, consult a legal expert or an accessibility specialist.
    5. Test with Real Users – Automated tools can catch some issues, but nothing beats real user feedback. People with disabilities can provide invaluable insights into how accessible (or inaccessible) your site truly is.

    What’s Next for Web Accessibility?

    State-level laws are pushing accessibility forward, and we’re already seeing a shift. Features like alt text and captions are becoming standard rather than optional. As more states implement stricter rules, they may eventually influence federal law, leading to more transparent nationwide standards.

    States also learn from each other. When one successfully enforces digital accessibility, others often adopt similar strategies. This collective effort is helping to create a more inclusive web for everyone.

    Staying Ahead of State Accessibility Laws

    Keeping up with changing accessibility laws ensures compliance while making websites more user-friendly. Small improvements can make a significant impact—not just legally, but in terms of customer satisfaction and usability.

    Since the internet is essential for shopping, learning, and staying connected, prioritizing accessibility benefits everyone. Thoughtful design choices don’t just reduce legal risks; they make online experiences better for all users.

    Not sure where to start? 216digital can help. Schedule a briefing with our team to stay ahead of new accessibility laws and ensure your website remains inclusive for all visitors.

    Greg McNeil

    March 6, 2025
    Legal Compliance
    Accessibility, accessibility laws, Legal compliance, state accessibility laws, web compliance, Website Accessibility

  • Title II Compliance Amid Political Uncertainty

    The political landscape around disability rights can shift quickly. Yet, for state and local governments, the legal requirements under the Americans with Disabilities Act (ADA) do not vanish. Title II of the ADA makes sure people with disabilities have equal access to government programs and services. Even when leaders talk about changing rules, the obligation to comply with Title II remains.

    A recent court case, Ellerbee v. State of Louisiana, shows how serious these rules are. This case has become a wake-up call for many. It sends a clear message: do not wait to make your digital services accessible, or you might face a lawsuit.

    ADA Title II Compliance: What Hasn’t Changed

    Under Title II, state and local governments must provide equal access to public services. This includes websites, online forms, and mobile apps. The ADA has always covered digital content, even though earlier laws did not spell it out as clearly as modern rules do. Some governments may be waiting for new regulations to make changes. But that is risky because Title II has long required equal access online.

    Recent regulations point to the Web Content Accessibility Guidelines (WCAG) as the standard. But just because these rules are more precise now does not mean the core obligation is new. Governments that do not meet these accessibility standards can still face legal action from private citizens or advocacy groups. Federal or local policy shifts do not take away the chance of a lawsuit.

    Ellerbee v. State of Louisiana: A Court-Ordered Reality Check

    In January 2025, a judge ruled that the State of Louisiana must make its websites accessible right away. The plaintiff, Beau Ellerbee, is blind. He sued Louisiana because he could not use its government websites. Louisiana claimed it did not have to follow accessibility standards yet because new federal deadlines were not in effect. However, the judge disagreed. The court said the ADA’s rules already exist and cannot be brushed aside.

    This ruling is important. It reminds all governments that waiting for future deadlines is dangerous. The court made it clear that Title II compliance is an immediate duty, not an optional one. If a website is not accessible, people can sue and win—right now. Governments should note this and avoid ignoring their responsibilities.

    Political Uncertainty and Compliance: What We Know and Don’t Know

    Many leaders wonder if changing political priorities will affect Title II compliance. Some worry that the rule could be canceled. While it is possible, changing a major rule is hard. It takes a long time to undo a regulation, so it will not happen overnight.

    Federal enforcement efforts can shift. Some administrations may push more or fewer investigations into accessibility. However, lawsuits from individuals and groups will not just stop. They can still file legal cases when they face barriers. Relying on reduced enforcement is risky. The question is: should you wait? The answer is no. Even if federal agencies slow down, private lawsuits will keep coming. Governments must stay prepared.

    Upcoming Deadlines for Digital Accessibility

    Here are the upcoming deadlines for digital accessibility:

    • Large municipalities (population more than 50,000) and public universities: April 2026
    • Smaller municipalities (population under 50,000) and special districts: April 2027

    Essential Steps for Title II Compliance

    But as we have learned, these deadlines do not mean you can wait until the last minute. Being proactive is essential. Governments should take the following steps now:

    1. Conduct Accessibility Audits: Check your websites, mobile apps, and PDFs to find barriers. Consulting with a specialist firm like 216digital to conduct a thorough audit can also be a wise investment.
    2. Prioritize High-Impact Services: Focus first on key areas like emergency services, tax portals, and public benefits. These are used most often.
    3. Implement Ongoing Training: Train your staff, especially those involved in website management and content creation, about web accessibility. 
    4. Monitor and Maintain Compliance: Accessibility is ongoing. After fixing issues, keep testing, new accessibility issues will arise over time.
    5. Document Efforts: Keep records of your audits, training sessions, and updates. This shows good faith in meeting Title II requirements.

    Legal Precedents Are Changing—Is Your Business Ready?

    Although the recent uproar in Louisiana focused on Title II, there is a growing concern that courts could apply the same level of scrutiny to Title III, which governs private businesses. When judges see states being held responsible for inaccessibility under Title II, it is not a stretch to imagine them enforcing strict guidelines for private companies under Title III of the ADA.

    Private online businesses that have not yet addressed accessibility may be at risk. Website accessibility lawsuits against private companies are on the rise. For instance, in 2017, federal lawsuits related to inaccessible websites and apps stood at around 814. By 2024, that number had soared to more than 4,000. If the tide can turn so quickly for state and local governments, private businesses should assume that Title III enforcement could intensify just as fast.

    The Path Forward Amid Uncertainty

    Political changes may create doubt, but the duty to follow Title II remains. The Ellerbee v. State of Louisiana ruling shows that waiting for future deadlines can lead to immediate lawsuits. If you manage a government website or any public-facing digital service, now is the best time to address accessibility needs.

    The same principle applies to private businesses. If you have questions about making your online presence meet ADA guidelines, consider scheduling an ADA briefing with 216digital. Our team of accessibility experts can develop strategies to integrate WCAG 2.1 compliance into your development roadmap on your terms so you can focus on what matters — your business.

    Greg McNeil

    March 4, 2025
    Legal Compliance
    Accessibility, ADA, ADA Compliance, ADA Title II, Title II, Web Accessibility

  • EDF and IAAP Call Out Accessibility Overlays

    You’ve probably seen accessibility overlays advertised as a quick and easy way to make websites compliant with accessibility laws. Companies promoting these tools claim they can fix accessibility issues with just a few lines of code, no major effort required. Sounds great, right?

    Not so fast.

    Leading accessibility organizations, including the European Disability Forum (EDF) and the International Association of Accessibility Professionals (IAAP), strongly disagree. In fact, they’ve openly criticized these tools, pointing out that overlays not only fail to meet accessibility standards but can actually make websites harder to use for people with disabilities.

    If you’re a website owner, this is something you need to know—because relying on an overlay could be doing more harm than good. Let’s break down why EDF and IAAP are speaking out, the biggest issues with overlays, and what you should be doing instead.

    What Are Accessibility Overlays?

    Accessibility overlays are automated software tools designed to modify a website’s appearance and functionality in an attempt to improve accessibility. They might add features like screen reader support, color contrast adjustments, or keyboard navigation enhancements—all without requiring direct changes to the website’s underlying code.

    Sounds convenient, but here’s the catch: overlays don’t actually fix accessibility issues. They just try to patch over them.

    Many companies claim their overlays help websites comply with Web Content Accessibility Guidelines (WCAG), the Americans with Disabilities Act (ADA), and the European Accessibility Act (EAA). But accessibility experts, as well as actual users with disabilities, say otherwise.

    Why Are EDF and IAAP Against Accessibility Overlays?

    EDF and IAAP have outlined several major concerns about accessibility overlays. Their stance isn’t just theoretical—it’s backed by research, real-world testing, and feedback from people who rely on assistive technologies. Here’s what they found:

    1. Overlays Don’t Actually Fix Accessibility Issues

    Accessibility isn’t just about how a site looks—it’s about how it functions. Many accessibility issues, such as missing form labels, poorly structured headings, and inaccessible interactive elements, cannot be fixed by an overlay. These require changes to the website’s actual code.

    An overlay might tweak things on the surface, but under the hood, the same barriers remain.

    2. Accessibility Overlays Can Interfere with Assistive Technologies

    People who rely on screen readers, voice control software, or switch devices often report that overlays make their experience worse. Instead of improving accessibility, overlays can clash with assistive technologies, leading to confusing and frustrating experiences.

    Imagine trying to navigate a site with a screen reader, only to have an overlay forcing adjustments you didn’t ask for or use their screen reader instead. That’s the reality for many users.

    3. Overlays Create a False Sense of Compliance

    One of the most dangerous aspects of overlays is the illusion of accessibility they create. A business might think they’ve “checked the box” just by installing an overlay, but in reality, they could still be violating accessibility laws.

    This false security can leave companies vulnerable to legal action—and even worse, it fails to make websites truly accessible.

    4. Businesses Using Overlays Still Get Sued

    Think an overlay will protect you from lawsuits? Think again.

    In 2024, over 1,000 businesses that utilized overlays faced accessibility lawsuits according to Useablnet’s 2024 End of the Year Report. Courts have consistently ruled that overlays don’t meet legal requirements under the ADA and other accessibility laws. In some cases, overlays have even been used as evidence that a company ignored real accessibility fixes.

    5. Users with Disabilities Strongly Oppose Accessibility Overlays

    The people who actually rely on accessible websites have spoken: they don’t like overlays.

    Advocates and individuals with disabilities have repeatedly criticized overlays for making web browsing harder, not easier. Instead of solving accessibility challenges, overlays often introduce new problems, disrupting the way users navigate and interact with content.

    A New York Times article, For Blind Internet Users, the Fix Can Be Worse Than the Flaws, highlights just how frustrating overlays can be. As Mr. Perdue, a blind user, put it: “I’ve not yet found a single one that makes my life better. I spend more time working around these overlays than I actually do navigating the website.”

    When the very tools meant to help people with disabilities end up making their experience worse, it’s clear that overlays are not the solution.

    6. Overlays Can Introduce New Barriers

    Rather than eliminating accessibility issues, overlays often create more obstacles.

    Some force unwanted settings on users, preventing them from using their own assistive technology configurations. Others introduce navigation loops, trapping users on certain pages or making it impossible to interact with important website elements.

    If an accessibility “fix” creates more accessibility problems, is it really a fix at all?

    What Should Website Owners Do Instead?

    If accessibility overlays aren’t the answer, what is? The good news is that true accessibility is achievable—and it starts with the right approach.

    1. Conduct a Proper Accessibility Audit

    Before making changes, you need to know what’s broken.

    An accessibility audit helps identify barriers on your site by testing against WCAG standards. The best audits combine automated scans with manual testing, including feedback from users with disabilities.

    2. Fix Accessibility Issues at the Code Level

    The only way to ensure true accessibility is to build it into the foundation of your website. This means:

    • Using semantic HTML for a clear page structure
    • Ensuring all interactive elements are keyboard-accessible
    • Providing text alternatives for images, videos, and other non-text content
    • Implementing ARIA attributes where needed for better screen reader support

    3. Involve Users with Disabilities in Testing

    Want to make sure your site is actually accessible? Ask the people who need it most.

    Incorporating real-world feedback from users with disabilities during usability testing helps uncover issues that automated tools might miss.

    4. Train Your Team on Accessibility Best Practices

    Accessibility isn’t just a one-time fix—it’s an ongoing commitment.

    Educating your developers, designers, and content creators about accessibility best practices ensures that your website remains accessible long-term.

    5. Monitor and Maintain Accessibility Over Time

    Websites change all the time—so does accessibility.

    Regular testing, monitoring, and updates are key to keeping your site accessible. Tools like a11y.Radar can help businesses track and maintain compliance as their website evolves.

    Conclusion

    EDF and IAAP have made one thing clear: accessibility overlays are not the answer.

    They don’t fix real accessibility issues, they interfere with assistive technologies, and they create a false sense of security that leaves businesses exposed to legal risk. Worse, they fail the very people they’re supposed to help.

    So, what’s the better approach? Real, lasting accessibility.

    That means conducting audits, making code-level fixes, listening to users with disabilities, and maintaining accessibility over time. Not only is this the right thing to do, but it’s also the best way to protect your business from legal trouble and create an inclusive digital experience.

    You don’t have to do it alone. 216digital can help you navigate accessibility the right way—with real solutions that work. Schedule an ADA Briefing today and take the first step toward a truly accessible website.

    Greg McNeil

    February 26, 2025
    Legal Compliance
    Accessibility, accessibility overlays, Legal compliance, Overlay widgets, Overlays, Web Accessibility

  • How BITV 2.0 Impacts Public Websites in Germany

    If you build or manage websites, you might have heard about accessibility rules in different countries. One of the key regulations in Germany is called BITV 2.0. It helps ensure that public websites and mobile apps are usable by everyone, including people with disabilities. Website owners and content creators in the United States might wonder why they should care about German law. The truth is that many organizations have a global audience, and they often serve users in Germany, too. That’s why it’s helpful to understand BITV 2.0 and how it might affect your online presence.

    What Is BITV 2.0?

    BITV stands for Barrierefreie-Informationstechnik-Verordnung. This is Germany’s legal framework for accessible information technology. BITV 2.0 sets specific standards that public websites and mobile apps need to follow. Germany wants to remove barriers that keep people with disabilities from thoroughly enjoying online services. That includes everything from reading digital documents to completing forms.

    When we talk about BITV 2.0, we’re focusing on the revised version of the original BITV rules, introduced to reflect changes in international standards.

    Who Does BITV 2.0 Affect?

    BITV 2.0 applies mainly to public-sector organizations in Germany. That includes federal ministries, public institutions, and some agencies linked to government services. It also covers websites and mobile applications that these groups manage. If your business or organization has a European branch, it’s wise to check whether any part of your web presence is considered “public sector” in Germany. Even if your team operates mainly from the United States, you might work with German partners or serve government clients in Germany. In that case, you could fall under BITV 2.0 guidelines.

    Key Requirements and Technical Standards

    The heart of BITV 2.0 lies in its alignment with the Web Content Accessibility Guidelines (WCAG). WCAG is an international set of recommendations for making web content more accessible. It focuses on four core principles:

    1. Perceivable – Users should be able to see or hear the content in some form.
    2. Operable – All users should be able to operate the interface, including those who use keyboards or assistive devices.
    3. Understandable – Information should be clear, and the design should not confuse or overwhelm people.
    4. Robust – Websites should work with a wide range of technologies, including screen readers and other assistive tools.

    BITV 2.0 directs public websites to follow WCAG 2.1 up to level AA. That means your site should offer features like proper color contrast, text alternatives for images, and reliable keyboard navigation. The rules also require documents to be accessible. This can include PDFs that have a logical reading order and forms that let users tab through fields in a sensible way.

    Another important reference is the European Standard EN 301 549. This covers requirements for digital accessibility in Europe. BITV 2.0 makes use of this standard, which lines up with WCAG 2.1 and addresses many aspects of web and software accessibility.

    Key Updates in BITV 2.0

    The updated version of BITV introduced new responsibilities. These updates encourage website owners to provide an accessibility statement on their websites. An accessibility statement shows users the level of compliance and explains any known accessibility issues. It also explains how users can contact the website owner if they face barriers.

    BITV 2.0 expands rules to cover public mobile apps. Many people do daily tasks through apps, such as booking appointments or paying fees. Now, these apps must meet the same standards as websites. This is more pressing for government agencies that deliver digital services in app form.

    Steps to Achieve Compliance

    Achieving compliance with BITV 2.0 starts with learning where your site or app stands. It’s good to begin with an accessibility audit. This audit checks for issues that might stop someone from using your website or app comfortably. You can then prioritize fixes based on how serious each issue is.

    Here are some steps that can guide your process:

    Review Your Current Content

    Test your website for keyboard navigability. Use tools that check color contrast and other visual aspects. Make sure images have meaningful alt text. If you have videos, consider providing captions. This first pass can reveal some of the more obvious problems.

    Check Your PDF and Other Documents

    Many public websites host PDFs and Word files. These documents need to be readable by screen readers. Check for a correct reading order, and ensure form fields are labeled. This helps people who rely on assistive technology.

    Look at Your Mobile Apps

    If you provide a mobile app to serve users, apply similar checks there. This includes ensuring that buttons have clear labels and that each screen is easy to navigate using voice commands or a screen reader.

    Provide an Accessibility Statement

    BITV 2.0 requires that public websites and apps offer a clear statement about their accessibility status. Include contact details for users who need more help or want to report a barrier. Keep this statement updated as you fix any problems.

    Train Your Team

    Compliance is easier when everyone on your team knows how to create accessible content. Encourage developers, designers, and content creators to learn WCAG 2.1 guidelines. That can be done through online courses or official training programs.

    Stay Informed

    Rules and technology change over time. Keeping an eye on updates to WCAG and the European standards helps you remain prepared for any changes in BITV 2.0.

    Why Should US-Based Website Owners Care?

    You might think that a German ordinance doesn’t affect you if your organization is based in the United States. In a global digital world, you never know when a user from Germany will need your service. Some US-based companies also maintain offices in Europe or partner with German government agencies. In those situations, accessibility under BITV 2.0 becomes a core concern.

    Even if you don’t serve a German public sector audience, improving accessibility is a worthy goal. It makes your site easier for everyone to use. It also fits with good user experience practices. Following BITV 2.0 can raise the bar on the overall quality of your site or app.

    Practical Tips for Getting Started

    • Use Automated Tools: Automated scanners can find basic issues fast. They’re not perfect, but they give you a starting point.
    • Set Up User Testing: Invite users with different abilities to test your site. Their experiences can show you issues that software alone might miss.
    • Make Small Changes First: Fixing alt tags on images or improving color contrast is often simple. These quick wins boost morale and help you build momentum.
    • Gather Feedback: Provide a way for visitors to report problems. This keeps you aware of issues and shows that you care about making improvements.

    Moving Forward With BITV 2.0

    BITV 2.0 is about making digital spaces open to everyone in Germany. It’s a structured set of rules that public websites and apps need to follow. If you’re in the United States, you might not think it applies to you at first. But in today’s world, web services cross borders. If your site or app is used by people in Germany, the requirements of BITV 2.0 matter.

    Meeting these standards can feel complex, especially for teams new to accessibility guidelines. The good news is that there are many tools, checklists, and training programs that can guide you. By taking small steps, you’ll move closer to compliance and also create a better experience for all users. Once you understand BITV 2.0 and put it into practice, you’ll be ready to serve a broader audience in Germany—and beyond.

    BITV 2.0: Compliance Without Borders

    BITV 2.0 sets the legal framework for online accessibility in Germany. It focuses on ensuring websites and mobile apps can be used by everyone, including those with disabilities. The law affects public-sector entities, but private organizations with ties to Germany may also need to follow these guidelines. Compliance involves following WCAG 2.1 standards, providing an accessibility statement, and keeping up to date with evolving requirements. If you’re a website owner or content creator in the United States, it makes sense to keep these rules in mind, especially if your reach extends into Germany. Over time, you’ll see that adopting BITV 2.0 guidelines benefits your audience and helps you maintain a user-friendly and accessible online presence.

    Navigating accessibility regulations like BITV 2.0 can be complex, but you don’t have to do it alone. Schedule an ADA briefing with 216digital to discuss your accessibility needs and ensure your website meets international compliance standards. Use the contact form at the bottom of the page to get started today!

    Greg McNeil

    February 25, 2025
    Legal Compliance
    Accessibility, BITV 2.0, Legal compliance, WCAG, WCAG Compliance, Website Accessibility

  • Can Fixing Accessibility Issues Void an ADA Lawsuit?

    The Americans with Disabilities Act (ADA) is a law designed to protect people with disabilities. It requires both physical and digital spaces to be accessible to everyone. When we talk about a website, accessibility issues might include problems like small text, missing captions for videos, or code that screen readers can’t understand. Fixing these barriers can make a big difference for people with vision, hearing, or other disabilities.

    But what happens when you’re sued for accessibility and then fix the barriers? Can you end the lawsuit just by correcting the problem? In some cases, if a legal dispute is settled or the main issue is resolved, the courts call it “moot.” A moot case is one where the concern is gone, and there’s nothing left to argue about. So, does fixing your accessibility issues automatically make the lawsuit moot and make the case go away?

    What Does “Moot” Mean in ADA Lawsuits?

    When a case is “moot,” it means the issue at the center of the dispute is fully resolved. There’s nothing more for the court to settle. Courts don’t spend time on moot cases because their job is to address real, ongoing problems. If a problem is completely gone, there’s no need to step in.

    How This Applies to ADA Lawsuits

    Many ADA lawsuits, particularly those concerning website accessibility issues, don’t always focus on money. Instead, they often request that a business fix the problem. If the business does correct its accessibility barriers, it can argue that the lawsuit should be dismissed because there’s truly nothing left to contest.

    However, making a handful of fixes doesn’t mean the court will deem it moot. Sometimes, the court still proceeds with litigation if it remains uncertain the corrections will hold in the long term or if the modifications are incomplete. The key point is that all accessibility issues must be resolved in a lasting way, so people with disabilities won’t ever encounter the same barriers again.

    What Factors Decide If a Case Is Moot?

    When You Fix the Problem Matters

    It’s much better to address accessibility issues before anyone files a lawsuit. If the problems no longer exist prior to litigation, there’s often no case in the first place. But if you wait until after someone sues, judges are more likely to scrutinize your fixes. They might allow the case to continue if they suspect the changes were rushed or not comprehensive.

    Proof That the Fix Is Permanent

    Courts want reassurance that the barriers won’t return. If your website is only partially fixed or if the fixes might break with the next update, the judge may not see the case as moot. To prove your commitment, demonstrate that your solutions are solid, tested, and built to last.

    Ongoing Accessibility Efforts Matter

    Judges look for signs you plan to remain accessible in the long run. A budget for accessibility, routine audits, and proper training show the court you’re taking this seriously. If you can prove you’re actively preventing new barriers, your argument to dismiss the lawsuit will be stronger.

    Does Fixing Accessibility Issues Make the Lawsuit Go Away?

    Short Answer: Not Always

    It may seem logical that correcting your site’s accessibility issues would end the legal fight, but lawsuits can persist even after changes are made. Here’s why:

    • Attorneys’ Fees and Costs: Plaintiffs often request attorney fees under federal law, which allows the prevailing party to recover these costs. Even if you fix the problem, the plaintiff might claim they deserve compensation for time and resources spent filing the lawsuit.
    • Compliance Verification: The court or plaintiff may want proof that your website remains compliant long term. This can involve audits, monitoring, or reporting requirements.
    • Bad Faith Litigation: Certain “serial litigants” file multiple lawsuits seeking quick settlements. Even after you fix the issues, these litigants could still pursue a settlement or legal fees.

    When Could the Case Be Dismissed?

    A court may dismiss a case if it’s truly moot, which typically requires showing a solid commitment to ongoing compliance. For instance, if you’ve:

    • Hired an accessibility consultant to thoroughly audit your site.
    • Corrected all the reported issues.
    • Adopted a formal accessibility policy.
    • Implemented regular testing and maintenance to keep your site accessible.

    If you can persuade the court there’s virtually no chance the same accessibility barriers will return, the lawsuit might indeed be dismissed as moot. However, the burden is usually on you to prove you’ve made genuine, lasting efforts.

    Why Proving Mootness Can Be Hard

    Unlike a physical location, a website is constantly updated. New products, images, or code can introduce fresh accessibility hurdles if you’re not careful. Because websites are so fluid, it’s tough to prove that issues won’t resurface. Courts remain cautious about calling a case moot if they believe the next update could create the same barriers again.

    The Business Bears the Burden of Proof

    It’s up to the business to convince the court that the barriers won’t come back. If the court isn’t entirely convinced, the lawsuit can stay active. This creates challenges for many companies because ongoing accessibility requires constant attention. Even minor overlooked glitches can affect people with disabilities—and put you back on the legal radar.


    Real Lawsuits: When Mootness Worked (and When It Didn’t)

    Diaz v. Kroger

    In Diaz v. Kroger, the lawsuit claimed Kroger’s website was inaccessible to individuals with disabilities. Kroger responded by upgrading the site to meet the Web Content Accessibility Guidelines (WCAG), widely regarded as the leading standard for web accessibility. They also established clear policies to maintain compliance. Since Kroger provided convincing evidence that the issues were fixed and unlikely to return, the court dismissed the case as moot.

    Haynes v. Hooters

    In contrast, Haynes v. Hooters went differently. Hooters made some modifications to address accessibility but couldn’t show that the site was fully accessible. They also lacked a clear plan to keep it accessible going forward. Because the fixes were incomplete and the long-term strategy was unclear, the case was not found moot. Hooters remained in legal hot water, even after implementing certain improvements.

    What Businesses Should Do to Avoid Lawsuits

    Stay Ahead of the Game with Accessibility Audits

    One of the most effective ways to avoid ADA lawsuits is by preventing barriers before they arise. Regular audits—for both your website and physical location—can help you catch accessibility issues early. These checks might cover screen reader compatibility, video captions, and easy navigation for keyboard-only users. Identifying these issues early lets you fix them before a lawsuit ever appears.

    Develop an Accessibility Plan

    A strong accessibility plan signals to courts (and customers) that you take the ADA seriously. This plan should include:

    • Clear Accessibility Policies: Document your commitment to making your website and business accessible.
    • A Real Budget for Improvements: Allocate funds for accessibility updates and necessary technology.
    • Scheduled Audits and Training: Conduct regular reviews and train your team to maintain accessibility every day.

    Document Everything

    Keep thorough records of what you’ve corrected, when you did it, and how you’re preventing new accessibility issues. Detailed documentation can be invaluable in court if you need to prove your compliance efforts. It also streamlines your updates and helps you catch minor errors before they become major problems.

    Team Up with 216digital to Stay ADA-Compliant

    Catching accessibility barriers early is the best way to avoid costly legal disputes and ensure all users feel welcome on your site. It also helps you steer clear of lawsuits that might not vanish just because you made a few changes.

    At 216digital, we understand how overwhelming it can be to keep pace with ADA regulations and website maintenance. That’s why we specialize in accessibility audits, risk mitigation, and compliance solutions. We believe in taking proactive steps so you’re not left scrambling after a lawsuit arrives.

    Instead of waiting to see if your site might face an ADA lawsuit, schedule a free ADA briefing today  to evaluate your site’s compliance. With the right measures, you can demonstrate to your customers—and the courts—that you’re genuinely committed to removing accessibility barriers and keeping your online presence open to all.

    Catching accessibility issues early is the best way to stay out of legal trouble and create a welcoming experience for all your visitors. It also helps you avoid the stress and cost of a lawsuit that might not go away just because you made a few changes.

    Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you have specific legal questions about your situation, consult with an attorney who specializes in ADA and accessibility matters.

    Greg McNeil

    February 21, 2025
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA Lawsuits, Moot, Website Accessibility

  • ADA Lawyer vs. Business Attorney: What’s the Difference?

    Have you ever tried to use a website that felt impossible to read or navigate? People with disabilities often face these problems every day. That’s why ADA compliance is so important for businesses that run websites or mobile apps. More and more people are taking legal action when sites are not accessible. As these lawsuits rise, it’s vital to understand your legal duty to make your website accessible.

    In many of these cases, an ADA lawyer steps in to help. An ADA lawyer is a legal professional who knows all about ADA compliance and how to fix accessibility issues in digital spaces. You may not always need to hire a lawyer, but there are certain times when having one is crucial. This article will explain when you might need an ADA lawyer, along with simple steps to help your site stay accessible and avoid legal trouble.

    The Americans with Disabilities Act: An Overview

    The Americans with Disabilities Act (ADA) became law in 1990. Its main goal is to remove barriers that prevent people with disabilities from fully taking part in everyday life.

    Title III is most important for websites because the Department of Justice (DOJ) says that websites and mobile apps count as “public accommodations.” This means your business must keep its website accessible to avoid breaking the law. Following ADA compliance here is not just a nice thing to do—it’s legally required.

    The Risks of Non-Compliance

    Not meeting ADA compliance can have serious legal and financial effects on your business. Lawsuits related to digital accessibility have been on the rise, hitting industries like retail, hospitality, healthcare, and finance particularly hard. High-profile cases against Domino’s Pizza and Winn-Dixie have shown just how important it is to make websites accessible.

    If your website is found non-compliant, you could face some serious consequences such as:

    Costly Settlements & Legal Fees

    Fighting an ADA lawsuit can cost tens of thousands of dollars, including lawyer fees and settlement payouts.

    Civil Penalties

    The DOJ can impose civil penalties, with a first violation costing up to $75,000 and a second offense up to $150,000.

    Harm to Brand Reputation

    When a business is sued for not following ADA compliance, it can hurt the company’s public image, leading to lost customers and lower trust.

    Mandatory Remediation

    Businesses found in violation may even be forced to complete mandatory remediation under court supervision, which usually costs far more than if they had taken a proactive approach in the first place.

    When Do You Need an ADA Lawyer?

    While proactive accessibility efforts are ideal, there are key scenarios where consulting a lawyer is necessary:

    Receiving a Demand Letter or Lawsuit

    If your company gets a demand letter or is sued, call an ADA lawyer right away. They can look at the claims, figure out if they’re valid, and help you respond in the best way. This helps lower your chances of major financial losses.

    Navigating ADA Compliance Standards

    Sometimes, you need help understanding what laws apply to your business. An ADA lawyer can explain the rules for ADA compliance and help you set up a plan to meet them. They’ll also show you how to keep your policies in line with these rules over time.

    Reviewing Accessibility Policies and Practices

    If you want to be proactive, an ADA lawyer can review your current policies and make sure they fit with the ADA. They’ll also help you come up with new policies and train your team to follow them.

    What Is an ADA Lawyer?

    An ADA lawyer is someone who knows the ins and outs of the ADA, focusing on website accessibility and preventing digital discrimination. They can represent businesses of all sizes, from small startups to large corporations. Their main job is to make sure ADA compliance is met under Titles II and III of the ADA. They also help defend companies in lawsuits or demand-letter situations, guiding them through complex legal rules and standards.

    How is an ADA Lawyer Different from Your Current Attorney?

    Your business attorney might be great at handling contracts and company policies, but ADA compliance is a different challenge. Accessibility laws are complex, and digital accessibility cases are increasing. A general business attorney may not have the in-depth knowledge needed to navigate ADA lawsuits, negotiate with the Department of Justice, or ensure your website meets Web Content Accessibility Guidelines (WCAG). Without the right legal expertise, your business could be at risk.

    ADA lawyers specialize in these cases. They understand the law, know what regulators look for, and can create a strong defense if a lawsuit happens. More importantly, they help businesses proactively fix accessibility issues, reducing legal exposure and ensuring compliance. With the right legal strategy, you can protect your business while building a more inclusive digital experience for all users.

    What to Look for When Hiring an ADA Lawyer

    Proven Experience in ADA and Digital Accessibility Cases

    Not all lawyers are well-versed in digital accessibility. Look for an attorney with a strong background in ADA litigation and experience advising businesses on accessibility compliance. Ask about past cases and successful resolutions.

    Deep Knowledge of WCAG and Accessibility Standards

    ADA compliance for websites and digital platforms is tied to WCAG standards. Your attorney should understand these guidelines and how they apply to your business—ensuring you meet legal requirements and avoid accessibility gaps.

    Strong Reputation and Reliable Referrals

    Word of mouth matters. Seek recommendations from other businesses, industry professionals, or accessibility experts. Research case outcomes and client testimonials to find a lawyer with a strong track record.

    A Proactive, Compliance-First Approach

    Some attorneys only step in when a lawsuit is filed. The best ADA lawyers help businesses stay ahead of legal risks by identifying accessibility issues early and working with developers and accessibility consultants to resolve them.

    Clear, Upfront Pricing

    ADA compliance shouldn’t come with hidden fees or surprise legal costs. Choose a lawyer who is transparent about their pricing structure and offers a cost-effective balance between compliance guidance and legal defense.

    Proactive Steps to Avoid Legal Issues

    Rather than waiting for a legal dispute, businesses should take proactive steps to improve accessibility and reduce legal risks:

    1. Understand Web Accessibility Guidelines: WCAG sets standards that make web content more accessible. Familiarize yourself with these guidelines to determine what you need to do. They cover aspects like text readability, alternative text for images, and keyboard navigation.
    2. Conduct a Website Audit: Regularly audit your website for accessibility issues. There are tools available online that can help you identify problems, such as missing alt text for images or issues with color contrast. Consulting with a specialist firm like 216digital to conduct a thorough audit can also be a wise investment.
    3. Implement Ongoing Training: Train your staff, especially those involved in website management and content creation, about web accessibility. This helps create a culture of inclusivity and ensures that accessibility remains a priority.
    4. Stay Informed and Up-to-Date: Web accessibility standards and best practices can evolve over time. Stay informed about any changes and make updates to your website as necessary to remain compliant.
    5. Ongoing Monitoring: Compliance is not a one-time task with 216digital’s a11y.Radar service provides ongoing monitoring of your website or app to detect any new accessibility issues that may arise over time. This proactive approach helps prevent potential violations before they lead to costly lawsuits.

    Conclusion

    Staying on top of ADA compliance isn’t just about avoiding lawsuits. It’s about making sure everyone can enjoy your digital spaces. While it may seem overwhelming at first, you don’t have to face it alone.

    216digital specializes in web accessibility solutions that meet legal standards while giving all visitors a better user experience. Don’t wait until you get a demand letter—take charge of your website’s accessibility right now.

    Start Your Journey Toward Accessibility Today

    Use the contact form below to schedule a briefing with 216digital. Our team will help you spot risks, make improvements, and ensure ADA compliance in the long run. By acting now, you can stay safe from legal trouble and welcome all users with an inclusive digital experience.

    Greg McNeil

    February 18, 2025
    Legal Compliance
    accessibility laws, ADA Compliance, ADA Lawsuit, ADA Lawyer, Web Accessibility

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

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

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

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

    The Americans with Disabilities Act (ADA)

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

    Who Needs to Follow ADA-Compliance?

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

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

    ADA Compliance Fines and Penalties

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

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

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

    Fines for Non-Compliance

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

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

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

    Common ADA Violations

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

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

    Lawsuits and Legal Actions

    Government-Initiated ADA Lawsuits

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

    Private ADA Lawsuits

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

    Costs Beyond Fines

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

    Practical Tips to Stay ADA-Compliant

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

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

    Conclusion: Start Your ADA-Compliance Journey Now

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

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

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

    Greg McNeil

    February 17, 2025
    Legal Compliance
    accessibility laws, ADA Compliance, ADA Lawsuits, Web Accessibility

  • accessiBe’s AI Claims Fall Short—FTC Proposes $1M Fine

    In a significant move underscoring the importance of truthful marketing in digital accessibility, the Federal Trade Commission (FTC) has proposed a $1 million fine against accessiBe, a company known for its AI-driven web accessibility tool, accessWidget. The FTC alleges that accessiBe misrepresented the capabilities of its product, claiming it could render any website fully compliant with the Web Content Accessibility Guidelines (WCAG), which set the standard for web accessibility.

    FTC’s Allegations Against accessiBe

    According to the FTC’s complaint, accessiBe advertised that its accessWidget could make websites fully WCAG-compliant through a simple integration process. The company asserted that by adding a single line of code, websites would immediately comply with 30% of WCAG requirements, with the remaining 70% addressed by the AI within 48 hours. However, the FTC found these claims deceptive, stating that the accessiBe widget failed to make essential website components—such as menus, headings, tables, images, and recordings—conformant with WCAG standards.

    Furthermore, the FTC highlighted that accessiBe engaged in misleading marketing practices by presenting paid endorsements as independent reviews, violating transparency norms. The proposed settlement includes the $1 million fine and mandates that accessiBe cease making unsubstantiated claims about its product’s capabilities and disclose any material connections with endorsers.

    Legal Challenges Faced by accessiBe

    This FTC action is not the first legal challenge for accessiBe. The company has faced criticism and legal scrutiny over its accessibility solutions. In 2024, a class-action lawsuit was filed against accessiBe, alleging breach of contract and other claims related to the efficacy of its products.

    Limitations of AI in Web Accessibility

    The situation with accessiBe brings to light the broader limitations of relying solely on AI for web accessibility. While AI tools can assist in identifying and addressing certain accessibility issues, they often lack the contextual understanding necessary to handle complex web elements. For instance, AI might misinterpret images, provide insufficient alternative text descriptions, or overlook interactive components crucial to the user experience. These shortcomings can result in websites that remain inaccessible to individuals with disabilities, despite the implementation of AI solutions.

    Moreover, AI-driven tools may struggle with context-specific issues and ethical considerations, necessitating human intervention to ensure comprehensive accessibility testing. For example, AI might not fully understand the context of certain content, leading to false positives or negatives.

    For more information on automated testing, please read our article “Website Accessibility: Are Overlays Just Hiding the Problem?“

    Best Practices for Achieving True Compliance

    Achieving genuine web accessibility compliance requires a multifaceted approach that combines automated tools with human expertise. While AI can be a valuable asset in identifying potential issues, it should not be relied upon exclusively. Manual audits conducted by accessibility experts are essential to address nuanced and context-specific barriers that AI might miss.

    Incorporating user testing, particularly involving individuals with disabilities, can provide invaluable insights into real-world accessibility challenges. This collaborative approach ensures that websites comply with technical standards and are genuinely usable for all individuals.

    Partnering with Experts for Comprehensive Accessibility Solutions

    Businesses aiming for authentic accessibility compliance should seek partnerships with organizations that offer a blend of automated tools and expert human evaluation. For instance, 216digital provides comprehensive accessibility services encompassing AI-driven assessments, manual audits, and user testing. By collaborating with such partners, companies can ensure that their digital platforms comply with legal standards and are accessible to all users.

    Conclusion

    The FTC’s proposed fine against accessiBe is a stark reminder of the importance of transparency and honesty in marketing accessibility solutions. While AI offers promising tools to achieve web accessibility, it is not a standalone solution. A comprehensive approach integrating AI capabilities with human expertise and manual audits is essential for proper compliance and inclusivity. Businesses must remain vigilant and committed to genuine accessibility efforts, ensuring their digital content is accessible to all individuals, regardless of ability.

    Ready for a solution that truly works? Schedule a free ADA briefing with 216digital. Simply fill out the contact form below, and let’s take the next step toward making your site accessible for all. We’ll help you avoid the pitfalls that landed accessiBe in trouble and guide you toward long-lasting, legally sound solutions.

    Greg McNeil

    February 10, 2025
    Legal Compliance
    accessiBe, Accessibility, ADA Compliance, Ai and Overlay Widgets, Website Accessibility
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