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  • ADA Lawsuits Are Changing: What It Means for You

    In 2024, digital accessibility became a critical focus for businesses as ADA compliance lawsuits revealed new challenges and risks. While the number of lawsuits stayed high, the strategies behind them shifted in surprising ways. These changes underscored the growing need for businesses to stay proactive, not just reactive, about accessibility.

    Whether you’re a business owner, developer, or part of an e-commerce team, understanding these trends can help you avoid legal pitfalls and create a better online experience for everyone. In this article, we’ll explore how ADA compliance lawsuits evolved from 2023 to 2024 and share practical steps to safeguard your business.

    The Rise and Shift of ADA Lawsuits for Websites

    In 2023, there were more than 4,500 website-related ADA lawsuits—continuing an upward trend from previous years. By 2024, that number stayed significant, with over 4,000 filings. However, the real story lies in how these cases progressed. While federal lawsuits dipped slightly, state-level claims surged, catching some businesses off guard.

    But where are these lawsuits happening most often? Understanding the geographic hotspots for ADA litigation can give businesses insight into where compliance is under the most scrutiny—and help them prepare accordingly.

    Geographic Hotspots

    New York again stood out as a hotspot for ADA lawsuits. Favorable state laws and a high concentration of plaintiff law firms contributed to a spike in litigation there. California remained a close second, largely due to its “physical nexus” requirement that often ties digital accessibility to brick-and-mortar stores. For businesses operating or selling in these states, the message was clear: staying ahead of accessibility standards is crucial to reduce legal exposure.

    Widgets and Overlays Don’t Cut It

    It came as no surprise in 2024 that accessibility widgets and overlays repeatedly fell short of their promises. Many of these so-called “quick fixes” only mask deeper barriers instead of truly solving them—an approach that inevitably leaves websites vulnerable to lawsuits. Over 1,000 businesses discovered this the hard way last year, getting hit with legal action despite having widgets in place.

    Why Do Overlays Fail? 

    Widget typically offer superficial features like text-to-speech or color contrast settings, but they don’t fix the underlying coding errors—unlabeled buttons, broken forms, or improper heading structures—that truly affect users with disabilities. Plaintiffs and their attorneys have become more vigilant in spotting these shortcomings, and rightfully so. If a website is rife with barriers, a widget can’t make it magically accessible. Instead, a holistic approach that addresses root design and development problems is the only reliable way to ensure your site is inclusive and shielded from legal challenges.

    Even beyond the issues with overlays, businesses faced another growing challenge in 2024: repeat lawsuits.

    The Growing Challenge of Repeat Lawsuits

    One of the most alarming trends of 2024 was the rise in repeat lawsuits. Around 40% of lawsuits targeted businesses that had already been sued. Yup, repeat lawsuits are on the rise, and they’re exposing a common problem.

    Many companies settle a case, fix a few issues, and then move on. But if you only patch up one part of your site—or ignore your mobile app and subdomains—you’re leaving the door wide open for another round of ADA lawsuits.

    The lesson here is pretty clear: you need a comprehensive approach to accessibility. That means reviewing every part of your online presence, not just the parts that got flagged before.

    Why E-Commerce Websites Were the Hardest Hit

    Just like in 2023, e-commerce businesses were a favorite target for ADA lawsuits in 2024. It’s not hard to see why.

    Online stores change all the time—new products, fresh promotions, and constant updates. But every tweak and addition is an opportunity for accessibility issues to sneak in. If your product images don’t have alt text or your checkout page isn’t screen reader-friendly, you’re putting up barriers for customers.

    And here’s the kicker: it’s easy for plaintiffs to prove harm when they can show they couldn’t complete a purchase because of these barriers. That makes e-commerce sites a prime target.

    The takeaway? Prioritize accessibility. It’s not just about avoiding lawsuits—it’s about making shopping easier and more enjoyable for everyone.

    What You Can Do to Avoid ADA Lawsuits

    So, what’s the game plan for staying out of trouble? Here are some practical steps to help you avoid ADA lawsuits:

    1. Audit Your Site Regularly: Use tools to check for issues like missing alt text, poor keyboard navigation, or inaccessible forms. And don’t stop at automated tools—manual checks are just as important.
    2. Work With Accessibility Pros: Partner with experts who can guide you through the process of making your site compliant.
    3. Educate Your Team: Train your developers, designers, and content creators on accessibility best practices. The more they know, the fewer issues they’ll create.
    4. Involve Real Users: Test your site with people who use assistive technologies. Their feedback is invaluable.
    5. Ditch the Widgets: Instead of relying on overlays, invest in long-term fixes that address the root of your accessibility challenges.

    Accessibility: A Legal Requirement and a Moral Choice

    The rise in ADA lawsuits from 2023 to 2024 proves that accessibility isn’t going away. If anything, the pressure to comply will only grow, especially with new guidelines like WCAG 2.2 and increased enforcement from the Department of Justice.

    But accessibility isn’t just about avoiding lawsuits. It’s about making the internet a more inclusive space. When your website is accessible, you’re opening your doors to everyone, regardless of ability.

    Don’t leave accessibility to chance. At 216digital, we specialize in helping businesses like yours navigate the complexities of digital accessibility. From comprehensive audits to ongoing support and monitoring through our a11y.Radar tool, we’ve got you covered. Let us help you stay compliant, reduce your risk, and create a website that works for everyone.

    Take the first step today—schedule your ADA compliance consultation with 216digital. Together, we’ll build a more inclusive digital experience for your business and your customers.

    Greg McNeil

    January 23, 2025
    Legal Compliance
    2024 accessibility lawsuits, Accessibility, ADA Lawsuit, ADA Lawsuits, web accessibility lawsuits, Website Accessibility

  • Legal Compliance for Websites: A Guide to Accessibility

    Legal compliance for websites is a key step toward building a welcoming digital space.

    When you create a website, you want as many people as possible to enjoy it. This goal includes users with disabilities who may rely on assistive technology.

    This guide will explain the main laws and guidelines that affect website accessibility. It will also share tips on how to keep your site compliant. By the end, you will have a better grasp of how to protect your business and create a better online experience.

    Why Accessibility Matters

    Accessibility is about making sure that all users, including those with disabilities, can interact with your website. People have different needs. Some use screen readers to hear text read aloud, while others navigate websites by keyboard or voice commands.

    When your website is accessible, you open your doors to a bigger audience. You also reduce legal risks. Many businesses have faced lawsuits for failing to meet these standards. A commitment to legal compliance and accessibility can improve customer trust and brand image.

    Major Accessibility Laws in the United States

    1. Americans with Disabilities Act (ADA)

    The ADA is a civil rights law that bans discrimination based on disability in many areas of public life. Though it does not mention websites directly, courts often view online spaces as public places. This means that business websites need to be usable by people with disabilities.

    A growing number of lawsuits focus on ADA website violations.

    Businesses in retail, hospitality, and beyond have faced legal action. By prioritizing legal compliance and following accepted guidelines, you can lower this risk and help more people access your site’s content.

    2. Section 508 of the Rehabilitation Act

    Section 508 applies to federal agencies and other organizations that receive federal funding. It requires that electronic and information technology, including websites, be accessible. This standard guides agencies on what to do, and it also helps private businesses learn from these rules.

    If you work with government agencies, Section 508 legal compliance might be required in your contracts. This can impact design choices and the tools you use to develop your website.

    International Regulations

    You may operate in more than one country, or you might have users from around the world. Different regions have their own accessibility laws. A few common examples include:

    • European Accessibility Act (EAA): Covers digital products and services in the European Union.
    • Accessibility for Ontarians with Disabilities Act (AODA): Requires organizations in Ontario, Canada, to meet set standards.
    • Australian DDA (Disability Discrimination Act): Digital accessibility is included in its guidelines.

    These laws share a common goal: allowing all people, regardless of ability, to take part in online activities.

    Consequences of Non-Compliance

    Failure to follow these standards can lead to serious problems for your business.

    1. Legal Risks: Lawsuits can be expensive. Defending even one lawsuit can cost tens of thousands of dollars or more, depending on the complexity of the claims.
    2. Reputational Damage: People may avoid businesses that do not serve all users equally. This can lead to negative press or social media criticism.
    3. Lost Opportunities: Many potential customers have disabilities. If they cannot use your website, they will go elsewhere.

    WCAG includes different levels of compliance: A, AA, and AAA. Many legal compliance guidelines suggest aiming for WCAG 2.1 Level AA. This level covers the most common issues without being too restrictive for most businesses.

    The Role of WCAG in Accessibility

    The Web Content Accessibility Guidelines (WCAG), created by the World Wide Web Consortium (W3C), are the most widely accepted standards for web accessibility. They are built around four main ideas:

    1. Perceivable: Users must be able to see or hear your content in some form. This includes captions for videos and text alternatives for images.
    2. Operable: Your site’s features must be usable by different input methods, such as a keyboard.
    3. Understandable: Both the content and design should be clear.
    4. Robust: The site should work well with various assistive technologies, like screen readers.

    WCAG includes different levels of compliance: A, AA, and AAA. Many legal guidelines suggest aiming for WCAG 2.1 Level AA. This level covers the most common issues without being too restrictive for most businesses.

    Best Practices to Maintain Legal Compliance

    Run an Accessibility Audit

    Start by checking the current state of your website. Several free and paid tools can evaluate your site’s accessibility. Examples include:

    • WAVE: Highlights problem areas on your pages.
    • Google Lighthouse: Checks performance and accessibility within Google Chrome.

    Automated scans are helpful, but combine them with real user tests if possible.

    Fix Common Barriers

    After your audit, address any problem areas. Common fixes include:

    • Adding alt text to images.
    • Correcting color contrast so the text is easier to read.
    • Ensuring forms and buttons are usable by keyboard navigation.

    If your videos or audio files do not have captions or transcripts, add them.

    Train Your Team

    Everyone who posts content or updates your website should know basic accessibility practices. Teach them how to add alt text, format headings correctly, and keep color contrast in mind. Regular training prevents future mistakes that can harm accessibility.

    Adopt a Clear Design and Layout

    Use consistent headings, simple menus, and clear labels on your forms. This supports users who rely on screen readers or have cognitive challenges. It also creates a more pleasant experience for all users.

    Review and Update Regularly

    Websites change over time. New pages, features, or media can create fresh challenges. Perform routine reviews to catch any new issues. Keep track of updates to WCAG or other legal compliance guidelines.

    Practical Tools to Assist with Accessibility

    • Screen Readers (NVDA, JAWS): Let you hear how your site sounds to a user with visual impairments.
    • Color Contrast Checkers (WebAIM): Show you if your text and background colors meet recommended contrast levels.
    • Keyboard Testing: Move through your site using only a keyboard. Watch for traps or areas where you cannot reach buttons and links.

    These tools help you spot issues quickly. They also help you confirm that your fixes are working as expected.

    Additional Resources

    If you need more guidance, look into these sources:

    • WebAIM (Web Accessibility in Mind): Provides tutorials and articles on creating inclusive websites.
    • The A11Y Project: A community-driven site with accessibility resources, tips, and tools.
    • W3C Web Accessibility Initiative (WAI): The official home of WCAG, plus other technical resources.

    Learning about accessibility is an ongoing process. Changes in technology and updates to the law mean there is always more to discover.

    Moving Forward with an Inclusive Approach

    Making your website accessible isn’t just about legal compliance—it’s about creating a space where everyone feels welcome. By keeping accessibility in mind, you’re not just protecting your business; you’re also showing your customers that you value their experience and needs.

    Accessibility doesn’t have to be overwhelming. Start with small, intentional steps to improve your site and keep building from there. If you’re unsure where to start or want guidance, let us help. Schedule an ADA briefing with 216digital and get practical advice tailored to your business. Together, we can make your website an inclusive and inviting space for all users.

    Greg McNeil

    January 22, 2025
    Legal Compliance
    Accessibility, ADA, EAA, Legal compliance, Section 508, WCAG, WCAG Compliance

  • Why Legal Compliance for Websites Matters in Canada

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

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

    Why Web Accessibility Matters

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

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

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

    Accessibility Laws in Canada: What You Need to Know

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

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

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

    What is WCAG?

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

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

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

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

    Why Accessibility is a Smart Move for Canadian Retailers

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

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

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

    Why Accessibility Benefits Everyone

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

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

    Steps to Make Your Website Accessible

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

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

    The Risks of Ignoring Accessibility

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

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

    Building a More Inclusive Future

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

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

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

    Greg McNeil

    January 20, 2025
    Legal Compliance
    Accessibility, accessibility laws, AODA, Canada, International Accessibility Laws, Legal compliance, Website Accessibility

  • Web Accessibility Compliance Under the Equality Act

    Digital accessibility is about ensuring everyone can use your website—no exceptions. While most U.S. website owners focus on ADA compliance, a lesser-known yet impactful piece of legislation from across the pond is the Equality Act 2010. Let’s dive into how this U.K. law impacts your digital space and how you can make your website an inclusive haven for everyone.

    Understanding the Equality Act 2010

    The Equality Act 2010 is a U.K. law aimed at protecting individuals from discrimination in areas like employment, education, and access to services. It ensures equal opportunities for all, regardless of disability, age, gender, race, or religion.

    Although the Act doesn’t mention websites specifically, the “reasonable adjustments” principle applies to digital platforms. If you’re serving U.K. customers, ensuring everyone can navigate your site is your obligation.

    How Does the Equality Act Apply to Web Accessibility?

    Reasonable adjustments under the Equality Act could look like:

    • Screen reader-friendly navigation: Help visually impaired users navigate through your site.
    • Color contrast that pops: Make text stand out for those with visual challenges.
    • Captions and transcripts: Add these to videos and audio files for hearing-impaired users.
    • Keyboard navigation: Ensure people who can’t use a mouse can still explore every corner of your site.

    Failing to meet these expectations could result in legal trouble. Plus, it’s likely to leave users frustrated.

    Why Should U.S. Website Owners Care?

    The internet has no borders. You’re in the Equality Act’s jurisdiction if your website gets U.K. visitors. Accessibility isn’t just about avoiding lawsuits. It’s about:

    • Expanding your audience: More accessibility means more customers.
    • Boosting your brand: Inclusivity is a good look for any business.
    • Improving user experience: Accessible sites work better for everyone. Think faster loading and easier navigation.

    Steps to Achieve Web Accessibility Compliance

    1. Adopt WCAG Standards

    Start with the Web Content Accessibility Guidelines (WCAG 2.1 AA or WCAG 2.2). Key highlights include:

    • Text alternatives: Describe images for screen readers.
    • Adaptable layouts: Ensure your site looks great on all screen sizes.
    • Color contrast: Make text legible against its background.
    • Keyboard navigation: Interact with all the elements on your site without requiring a mouse.

    2. Conduct an Accessibility Audit

    Run your site through tools like WAVE or Google Lighthouse to spot barriers. Pair this with manual testing—real users with disabilities will catch things that machines miss. Pay extra attention to:

    • Navigation menus (don’t let these turn into a digital labyrinth).
    • Forms and fields (labels and instructions should be crystal clear).
    • Media files (videos need captions, images need alt text).

    3. Implement Inclusive Design Practices

    Accessibility isn’t a retrofit—it’s part of the blueprint. Here’s how:

    • Use readable fonts and scalable text sizes.
    • Structure content with clear headings.
    • Make buttons big enough to click without precision aiming.

    4. Train Your Team

    Your developers and designers are the architects of accessibility. Offer training so they can:

    • Write stellar alt text. No “image.jpg” placeholders!
    • Test new features for accessibility.
    • Create forms and tables that work for everyone.

    5. Monitor and Update Regularly

    Web accessibility isn’t a one-and-done deal. Use tools like a11y.Radar for ongoing monitoring. Keep tweaking as tech evolves.

    Benefits of Web Accessibility

    Making your site accessible isn’t just a nice thing to do. It’s smart business. Here’s why:

    • Expand Your Audience: Capture the attention of millions of users with disabilities.
    • Boost SEO: Accessible sites rank better on Google.
    • Enhance User Experience: Accessibility features often make navigation a breeze for everyone.
    • Mitigate Legal Risks: Stay on the right side of the law while avoiding reputation hits.

    Common Pitfalls to Avoid

    • Relying Solely on Overlays: Widgets can lead to more barriers for visually impaired users and future litigation.
    • Ignoring Mobile Users: Accessibility applies to all devices.
    • Skipping User Testing: Automated tools miss the human touch.

    Take Action Today

    The Equality Act 2010 highlights the importance of inclusivity, even in the digital world. By embracing accessibility, you’re not just complying with laws—you’re inviting everyone to do business with you.

    Start by adopting WCAG standards, auditing your site, and building accessibility into your design process. Need help? Tools like a11y.Radar and expert resources can guide you every step of the way.

    Remember, making your website accessible isn’t just about obligation—it’s an opportunity to connect with a broader audience and create a truly welcoming online space.

    Kayla Laganiere

    January 14, 2025
    Legal Compliance
    Accessibility, Equality Act, International Accessibility Laws, WCAG, Web Accessibility

  • The EAA Lands in June

    The European Accessibility Act (EAA) is set to shake things up for businesses operating in the European market. Starting in June 2025, the EAA will require companies to meet strict accessibility standards for websites, mobile apps, and digital products. If you’re working in or serving customers in the European Union (EU), this isn’t just about meeting requirements—it’s a chance to grow your reach and create better digital experiences for everyone.

    Let’s dive into what the EAA is all about, why it matters, and how you can get ready for this significant change.

    What is the European Accessibility Act?

    The EAA is a groundbreaking law aimed at ensuring equal access to products and services across the European Union. Enforced by individual EU member states, it applies to a wide range of digital and physical products, including websites, mobile apps, software, and e-commerce platforms. The primary goal of the EAA is to eliminate barriers for people with disabilities and promote inclusivity and equal participation in society.

    The EAA establishes clear accessibility requirements for businesses operating within the EU and harmonizes standards across member states. This ensures consistent accessibility efforts while simplifying compliance for companies working across the EU. For online businesses, compliance is guided by EN 301 549, the technical standard that serves as the foundation for meeting EAA requirements.

    Scope of the EAA

    The EAA’s web accessibility covers a broad range of applications such as:

    • Websites and mobile apps
    • E-books and online publications
    • ATMs, ticketing, and check-in machines
    • E-commerce platforms

    EN 301 549: The Technical Backbone of the EAA

    At the heart of the EAA’s web compliance is EN 301 549, a technical standard based on W3C’s Web Accessibility Guidelines (WCAG). These standards provide a clear framework for ensuring accessibility in websites, software, mobile apps, and other ICT products. By following WCAG 2.1 AA guidelines, companies can make their digital content usable by individuals with visual, auditory, cognitive, or motor impairments.

    Suppose your e-commerce site, cloud software, SaaS platforms, or mobile apps already meet WCAG 2.1 AA requirements. In that case, they likely comply with EN 301 549—and, by extension, the EAA.

    Are There Any Exceptions to EAA Compliance?

    Although the EAA imposes strict accessibility standards, it recognizes that achieving complete compliance may sometimes be impractical. Under the “Disproportionate Burden Clause,” organizations can request exceptions if they show that meeting the requirements would impose an undue hardship. However, this doesn’t serve as a blanket exemption—companies must provide thorough documentation and clear justification for why they cannot reasonably comply. Even when an exception is granted, they are still expected to take every feasible step to maximize accessibility.

    Why the EAA Matters

    The EAA’s focus on accessibility marks a significant step forward in creating an inclusive digital environment across the EU. For businesses, compliance isn’t just a legal requirement; it’s an opportunity to reach a broader audience and demonstrate a commitment to inclusivity. As the EAA reshapes the accessibility landscape, it’s time to evaluate your products and services to ensure they’re ready to meet the new standard.

    Here’s why it matters:

    It’s Legally Required

    The EAA is not just a guideline; it’s enforceable legislation that comes into effect in June 2025. Businesses that fail to comply could face fines, legal consequences, and even damage to their reputation. Taking action early gives you ample time to address challenges and ensure your digital products meet the required standards without unnecessary stress.

    Reach a Larger Audience

    Over one billion people worldwide live with disabilities, representing a significant—yet often underserved—consumer base. Of these, more than 135 million are in the EU, constituting a substantial market segment businesses cannot ignore. Making digital services accessible fulfills a critical need and demonstrates your brand’s commitment to inclusivity and respect for diverse audiences.

    For U.S. businesses operating in the EU, compliance with EN 301 549 ensures alignment with the EAA’s requirements, preventing legal and reputational risks.

    Better User Experience for Everyone

    Accessibility improvements don’t just benefit people with disabilities; they enhance usability for all users. Features like simplified navigation, larger text options, and better color contrast make digital platforms easier for everyone. These changes lead to more satisfied customers and improved engagement.

    Boost SEO and Discoverability

    Accessibility isn’t just about compliance; it’s also a strategic way to improve your online presence. By following EN 301 549 and WCAG 2.1 AA standards, your website becomes more search engine-friendly, with features like descriptive alt text, clean navigation, and clear content structure. These enhancements make it easier for search engines to index your site, improving rankings and visibility. Embracing accessibility ensures your digital content is discoverable by a broader audience while meeting the compliance standards of the EAA.

    How to Prepare for the EAA

    Preparing for the EAA might seem overwhelming at first, but tackling it step by step makes the process manageable. Here’s how to get started:

    • Audit Your Digital Accessibility: Evaluate your digital products and services against EN 301 549 and WCAG 2.1 AA guidelines. Use tools or hire experts to identify any accessibility gaps.
    • Fix What Needs Fixing: Once you’ve pinpointed the issues, prioritize fixes like:
      • Adding alt text to images
      • Ensuring keyboard navigation works seamlessly
      • Improving color contrast
      • Testing for mobile responsiveness
    • Train Your Team: Accessibility isn’t a one-time project—it’s an ongoing effort. Train your team on accessibility basics, like creating user-friendly designs, writing clear content, and following coding best practices.
    • Use Accessible Tools: Make sure your design and development tools have built-in accessibility features. These tools can catch common issues early and save you time.
    • Work with Accessibility Pros: If accessibility isn’t your area of expertise, partner with professionals specializing in it. They can guide you through audits, fixes, and long-term compliance strategies.
    • Keep an Eye on Accessibility: Accessibility needs regular maintenance. Review your digital products often, especially when you update or add new features, to make sure everything stays compliant.

    Overlays: The Quick Fix That Falls Short

    Many businesses are attracted to accessibility overlays—automated tools that promise instant compliance. However, as the European Commission noted in 2023, “Claims that a website can be made fully compliant without manual intervention are unrealistic.” 

    While overlays may tackle surface-level issues, such as adding alt text or color contrast adjustments, they often fail to address deeper, more complex accessibility challenges like proper keyboard navigation, dynamic content handling, or compatibility with assistive technologies. These limitations mean overlays can leave users with disabilities frustrated and websites at risk of non-compliance. Real accessibility demands both automated solutions and hands-on human expertise.

    The Upside of Accessibility

    Meeting the EAA’s requirements isn’t just about avoiding fines. It’s an opportunity to:

    • Boost Your Brand: An accessible business is seen as inclusive and forward-thinking.
    • Build Customer Loyalty: People appreciate companies that make an effort to include everyone.
    • Be Ready for the Future: As accessibility expectations grow, being ahead of the curve will pay off.
    • Expand Your Market: Serving more people means more potential customers and growth.

    Don’t Wait: Turn Accessibility into an Advantage

    The European Accessibility Act is a big deal, but it’s also a chance to improve your business in meaningful ways. The June 2025 deadline might seem far off, but it’ll be here before you know it. Waiting until the last minute could lead to rushed fixes, higher costs, and unnecessary stress. Starting now ensures you have time to make thoughtful, lasting improvements.

    By aligning with EN 301 549 and integrating accessibility into your workflows, you’ll not only meet the EAA’s standards but also create better experiences for your customers. Embracing accessibility can boost your brand, build customer loyalty, and expand your market while positioning your business as inclusive and forward-thinking.

    Take the first step today by scheduling an ADA briefing with 216digital. Our experts can guide you through compliance, helping you stay ahead of the curve and turn accessibility into a strategic advantage.

    Greg McNeil

    January 10, 2025
    Legal Compliance
    Accessibility, EAA, European Accessibility Act, International Accessibility Laws, Web Accessibility, Website Accessibility

  • 2025 Web Accessibility Standards & Requirements

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

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

    Key Dates for Compliance

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

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

    What Public Entities Should Focus On

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

    Why Meeting These Deadlines Matters

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

    Don’t Forget Global Accessibility Standards

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

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

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

    What’s New in the 2025 Web Content Accessibility Guidelines

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

    Here’s what’s new:

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

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

    The Cost of Ignoring Compliance

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

    Copycat Lawsuits

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

    The Cost of Noncompliance

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

    Steps to Ensure Compliance

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

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

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

    Overcoming Challenges in Achieving Compliance

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

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

    It’s Time to Act

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

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

    Greg McNeil

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

  • 2024 Accessibility Lawsuits: Trends and Lessons

    2024 has been another big year for web accessibility—and not in a good way. More than 4,000 accessibility lawsuits were filed against digital properties this year, affecting businesses of all sizes. Whether you’re a small business facing your first lawsuit or a larger company dealing with repeat claims, the message is clear: ignoring web accessibility is no longer an option.

    Despite the alarming rise in legal risks, the good news is that you can take practical steps to protect your business and create a better online experience for everyone. Below, we’ll examine the highlights of 2024, why they matter, and how you can get ahead in 2025.

    Accessibility Lawsuits Are Shifting to State Courts

    In 2024, over 4,000 accessibility lawsuits were filed—1,600 in state courts and 2,400 in federal courts. While federal cases dipped slightly, lawsuits in state courts surged, led primarily by New York and California. These two states accounted for more than 40% of all claims.

    Why are state courts becoming more popular? State-specific legal frameworks and streamlined procedures may be giving plaintiffs an edge. For businesses, this shift means that federal-level compliance isn’t always enough—you must also stay aware of state-level requirements. Regular audits, attention to WCAG (Web Content Accessibility Guidelines) updates, and a clear understanding of how your state enforces accessibility standards can help you stay ahead. Ignorance, as it turns out, is no longer bliss.

    New York Is at the Center of the Action

    New York isn’t just the city that never sleeps—it’s also the state that leads the nation in accessibility lawsuits. In 2024 alone, 2,541 cases were filed in its federal and state courts, surpassing even California.

    What’s especially notable is New York courts’ willingness to hear cases against businesses with no physical presence in the state. If your website is accessible to New Yorkers, it’s open to potential litigation. Combine that with active plaintiffs and law firms focusing on accessibility, and you have a recipe for heightened risk.

    Copycat Lawsuits Are a Growing Threat

    One of the more frustrating trends of 2024 is the rise of “copycat” lawsuits. Out of this year’s filings, 961 cases—41% of all accessibility lawsuits—targeted companies that had already faced noncompliance claims in the past.

    These repeat claims often happen when companies fix only part of their accessibility issues, leaving gaps that draw new lawsuits. New plaintiffs may target the same website, related brands, or even parent companies. The takeaway? Partial fixes can turn a one-time lawsuit into a recurring problem.

    Small Businesses Are in the Spotlight

    Historically, large corporations shouldered most accessibility lawsuits, but 2024 marked a shift. Small businesses—those earning under $25 million a year—were targeted more than ever.

    There are two key reasons for this change. First, there are simply more small businesses out there, creating a bigger pool of potential defendants. Second, many large companies have been managing lawsuits for years and have implemented robust accessibility programs. With 82% of big companies already working toward compliance since 2018, plaintiffs are now focusing on smaller businesses that may have fewer resources or less awareness.

    For small business owners, this trend can feel overwhelming. The silver lining is that you’re not alone, and even modest efforts can go a long way. You don’t need a massive budget to make your website more accessible—you just need to know where to begin.

    Accessibility Widgets: Not the Quick Fix You Think They Are

    If you’ve ever considered adding a simple “accessibility widget” to solve all your problems, you’re not alone—but this strategy might create more headaches than it relieves. In 2024, over 1,000 companies with widgets on their sites were still sued for accessibility noncompliance.

    Why? Widgets often fail to address the deeper, structural issues that make a site inaccessible. In some cases, they even introduce new barriers, like interfering with assistive technologies or complicating site navigation for users with disabilities. Plaintiffs are increasingly calling out widgets as insufficient and pointing to WCAG violations or “band-aid” approaches that neglect larger accessibility gaps.

    Relying on widgets alone could lead to a rude awakening. True accessibility requires meaningful changes to your site’s structure and content. This investment will reduce your legal risk and provide a better experience for all users.

    What You Can Do in 2025

    The prospect of a accessibility lawsuit is stressful, but there’s plenty you can do to minimize your risk. Consider these steps as you plan for the coming year.

    Immediate Actions

    Conduct a WCAG 2.2 Audit

    Start by evaluating your site against the WCAG 2.1. Common issues include missing alt text, poor color contrast, and unlabeled form fields. Fixing these core issues can make an immediate impact.

    Train Your Team

    Accessibility isn’t a one-time project. Train your developers, designers, and content creators so that accessibility best practices are woven into everything they do. The more knowledge your team has, the fewer issues will arise.

    Long-Term Strategies

    Build Accessibility Into Your Workflow

    Don’t wait until the end of a project to think about accessibility. Integrate it into each stage of development, from initial design to final testing. Known as “shifting left,” this proactive approach saves both time and money.

    Partner With Experts

    Accessibility is complex, and you don’t have to navigate it alone. Working with a team like ours at 216digital can help you stay up-to-date on guidelines and maintain ongoing compliance.

    Conclusion

    Yes, the surge in accessibility lawsuits is concerning. Yes, courts in states like New York and California are becoming more aggressive in penalizing non-compliant businesses. And yes, copycat claims mean one lawsuit can quickly snowball into multiple suits. However, this issue isn’t just about minimizing legal risk—it’s about building an inclusive internet that everyone can use and enjoy.

    At 216digital, we strive to be more than just a service provider. Our aim is to be an ally, guiding you through the complexities of digital accessibility. Creating an inclusive website benefits your customers, your brand, and your legal standing. It might sound daunting at first, but that’s where we come in. Our step-by-step approach can help protect your business and empower a broader online audience.

    The sooner you begin, the easier it becomes to get your site on track. So, let’s move forward—schedule a call with us, take that initial step, and start building a web experience that truly works for everyone. You’ve got this, and we’re here to help.

    Greg McNeil

    January 6, 2025
    Legal Compliance
    2024 accessibility lawsuits, ADA Compliance, ADA Lawsuits, web accessibility lawsuits, Website Accessibility

  • DOJ’s Push for WCAG Compliance: Are You Ready?

    The Department of Justice (DOJ) is turning up the heat on web accessibility. They’ve made it crystal clear: if you run a business, your website needs to follow the Web Content Accessibility Guidelines (WCAG). Take Springfield Clinic as an example. This private medical practice was required to make its website, patient portals, and mobile apps meet WCAG 2.1 AA standards. It’s a wake-up call for all businesses—WCAG compliance isn’t just nice to have; it’s a must-have.

    Why Does the DOJ Care About Accessibility?

    The DOJ’s focus comes from the Americans with Disabilities Act (ADA). Under Title III of the ADA, businesses must make their services available to people with disabilities—this includes websites and apps. In today’s world, many people rely on digital platforms to access healthcare, shopping, and other services. If those platforms aren’t accessible, people with disabilities are left out.

    U.S. v. Springfield Clinic, LLC

    In the Springfield Clinic case, the DOJ found problems that made it hard for people with visual and manual impairments to use the website and patient portals. For example, images had no alternative text, and parts of the site were hard to use with just a keyboard. By demanding WCAG 2.1 AA compliance, the DOJ showed that these guidelines are key to making digital services fair for all.

    As part of their settlement, Springfield Clinic agreed to:

    • Review all their digital platforms (website, patient portals, and mobile apps).
    • Fix major issues right away.
    • Create a long-term plan to stay accessible.
    • Train staff on best practices for web accessibility.

    This case is a clear warning sign. Businesses must act now to avoid legal trouble later.

    What This Means for Businesses

    Springfield Clinic isn’t alone. The DOJ is watching more industries than ever, and WCAG compliance is now seen as a legal requirement. Ignoring it can lead to:

    Legal Trouble

    ADA lawsuits related to web accessibility are increasing year after year. In 2024, over 4,000 lawsuits were filed in federal and state courts, with a staggering 41% of these cases identified as copycat litigation. These lawsuits can cost businesses anywhere from $10,000 to $100,000 or more, depending on the severity of the issues and settlement terms. On top of that, companies may face ongoing costs to monitor and maintain accessibility as part of court agreements. Proactively addressing accessibility issues can help you avoid these legal pitfalls and the stress that comes with them.

    Bad PR

    When businesses are accused of excluding people with disabilities, it can quickly become a public relations nightmare. A 2020 survey found that 73% of consumers are more likely to support brands that are inclusive and accessible. Negative press about inaccessibility can erode trust, leading customers to take their business elsewhere. In the age of social media, even one complaint can go viral, causing long-term damage to your reputation. Prioritizing accessibility shows that your business values inclusivity, which builds loyalty and strengthens your brand image.

    Lost Customers

    Accessibility isn’t just the right thing to do—it’s good for business. According to the CDC, 1 in 4 people in the US live with a disability. That’s a massive market segment that businesses risk excluding when their websites aren’t accessible. Furthermore, the spending power of people with disabilities, along with their families and advocates, is estimated at $13 trillion globally. Beyond the direct financial impact, think about the ripple effect: customers with disabilities are likely to recommend accessible businesses to others. Making your website accessible ensures you’re welcoming everyone to your digital storefront.

    What Is WCAG Compliance?

    WCAG stands for Web Content Accessibility Guidelines. Created by the World Wide Web Consortium (W3C), these guidelines act as a roadmap for making websites, apps, and other digital platforms accessible to everyone, including people with disabilities. WCAG is widely recognized as the global standard for digital accessibility and is the framework many businesses follow to ensure their websites meet legal requirements and provide inclusive experiences.

    At its core, WCAG is all about removing barriers. It’s designed to help developers and designers create content that works for people with a wide range of disabilities, including visual, auditory, physical, speech, cognitive, and neurological challenges. The goal is to make the web a place where everyone can participate, regardless of their abilities.

    The Four Principles of WCAG (POUR)

    WCAG is built on four key principles:

    • Perceivable: Information and user interface components must be presented in ways that people can perceive. This includes features like alt text for images and captions for videos.
    • Operable: Users must be able to interact with all elements of the site, whether they’re using a mouse, keyboard, or assistive technology like a screen reader.
    • Understandable: Content should be clear and easy to follow. This means avoiding overly complicated text and ensuring navigation is consistent.
    • Robust: Content should be built to work with assistive technologies now and in the future. This ensures that websites adapt as technology evolves.

    Levels of WCAG Compliance

    WCAG compliance is divided into three levels:

    • A: The most basic level of accessibility.
    • AA: The standard most businesses aim for because it addresses the biggest barriers for users.
    • AAA: The highest level of accessibility, though it’s not practical or required for all content.

    By following these guidelines, businesses can make their websites and apps easier to use for everyone while staying compliant with laws like the ADA. It’s not just about avoiding legal trouble—it’s about creating a more inclusive, user-friendly experience for all.

    How to Make Your Website WCAG Compliant

    Taking steps toward accessibility can feel overwhelming, but you can break it down:

    Understand Web Accessibility Guidelines

    The Web Content Accessibility Guidelines (WCAG) are a set of standards designed to make web content more accessible. Familiarize yourself with these guidelines to understand what needs to be done. They cover aspects like text readability, alternative text for images, and keyboard navigation.

    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.

    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.

    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.

    Ongoing Monitoring

    WCAG Compliance is not a one-time task with 216digital’s Accessibility Radar (a11y.Radar) service providing 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.”

    Wrapping Up

    The DOJ’s focus on WCAG standards is a big deal. The Springfield Clinic case proves that accessibility matters. This isn’t just about avoiding problems. It’s about creating online spaces where everyone can belong.

    Don’t wait. Start working on WCAG compliance today. Protect your business, build your reputation, and make your site better for everyone.

    Need help? Schedule an ADA briefing with 216digital using the contact form below. We’re ready to guide you through the process.

    Greg McNeil

    December 27, 2024
    Legal Compliance
    DOJ, POUR, WCAG, WCAG Compliance, WCAG conformance

  • How to Prepare for EAA Compliance

    As a business owner or website operator, you’re probably familiar with the pressure to keep up with ever-changing digital regulations and standards. It might feel like you’ve just gotten comfortable with one set of rules, and suddenly, a new one appears on the horizon. That’s exactly the situation many are experiencing right now with the European Accessibility Act (EAA). If you’re serving customers in the European Union (EU), or simply want to reach a global audience without obstacles, it’s crucial to understand how this new set of guidelines could affect your online presence—and what you can do to stay on the right side of the law.

    Let’s face it: even if you’ve never thought much about web accessibility before, it’s becoming a must-have. Ensuring everyone, regardless of ability, can navigate your site or use your services isn’t just the “right thing” to do anymore. With the EAA coming into effect, it’s legally required for businesses that sell to or interact with European customers. And with so many potential buyers across borders, ignoring accessibility standards could mean turning people away—not just ethically, but commercially as well.

    Understanding the European Accessibility Act (EAA)

    At its core, the EAA is about ensuring people with disabilities have equal access to the same products and services as everyone else. Think of it as removing virtual “closed doors” and “too-high steps” on the internet. Instead of forcing customers with disabilities to struggle through poorly structured content, complicated checkout processes, or inaccessible multimedia, the EAA sets a baseline standard. By meeting these standards, you’re not just checking a legal box—you’re making your site friendlier to a much wider audience.

    Key Goals of the EAA

    • Consistent Accessibility Standards Across the EU: Rather than a patchwork of rules differing by country, the EAA aims for a unified, simpler standard that businesses can follow everywhere in Europe.
    • Enhancing Quality of Life: Every barrier you remove can help someone shop independently, learn without assistance, or find critical information on their own.
    • Removing Single Market Barriers: With a common standard, businesses can more easily enter multiple EU markets without recalibrating their approach for each country.

    Important Dates:

    • June 28, 2025: By this date, your digital platforms should comply with EAA requirements.
    • From 2025 Onward: Enforcement rolls out, meaning audits, penalties, and other legal consequences can follow if you haven’t prepared.

    Consequences of Ignoring Compliance

    If you’ve ever delayed a task until it became a crisis, you know how costly last-minute fixes can be. Non-compliance with the EAA can result in fines and other legal hassles. Beyond that, it can damage your reputation. Imagine a customer who can’t navigate your site because it’s not accessible. Not only might you lose that sale, but you could also create a negative impression that spreads through social media, reviews, or word-of-mouth. With global competition just a click away, failing to meet accessibility standards means risking trust, loyalty, and revenue.

    Building Your EAA Compliance Strategy

    If all this sounds daunting, don’t worry. Creating an EAA compliance strategy is like tackling any large project: break it down into steps, and take them one at a time. Even if you have minimal experience with web accessibility, you can follow a structured approach to ensure you’re ready by the deadlines.

    In-House or Outsource?

    First, decide if you want to handle these updates internally or bring in the pros. If you have a dedicated team comfortable with coding, design, and compliance issues, doing it yourself might help you build internal know-how. But remember, this requires time and training, and any mistakes can lead to rework.

    On the other hand, outsourcing to specialized agencies or consultants can jump-start your compliance efforts, reducing the risk of errors. Although it may cost more upfront, you’ll likely benefit from their expertise and time savings. Companies like 216digital can guide you, ensuring you don’t miss important details.

    Understanding Your Website’s Complexity

    Before making changes, you need a roadmap. Start with an accessibility audit. Free and paid tools can scan your site for issues like missing alt text for images, poor color contrasts, or navigation elements that are impossible to use without a mouse.

    Don’t forget manual checks—automated tools are great, but they can’t understand context the way a human can. Ask testers or colleagues to navigate your site using only a keyboard or a screen reader. Identify the places where they struggle, and note which areas must be fixed first. High-risk areas often include navigation menus, forms, and interactive content like product configurators or dropdown filters.

    SImplementing the Necessary Fixes

    Armed with a list of issues, it’s time to roll up your sleeves. Start with the basics:

    • Content Structure: Make sure your pages use headings logically. Include descriptive alt text so people using screen readers understand what an image shows.
    • Navigation: Include skip navigation links to help users jump past repetitive menus. Ensure that every link and button can be accessed with a keyboard alone.
    • Color and Text: Check color contrast to make sure text is easy to read. Choose font sizes and spacing that are large and clear enough for all users.
    • Multimedia: If you have videos, include captions. If you have audio clips, ensure they don’t autoplay, or at least provide controls to pause or stop them.
    • Forms and Inputs: Label every form field, and provide error messages that guide users back to the correct inputs.

    Manage Third-Party Integrations

    Your site might rely on third-party plugins, payment gateways, or widgets. Even if your own code is perfect, these tools can introduce new accessibility barriers. Check that any plugins or platforms you use also meet EAA standards. If not, request updates from vendors or find accessible alternatives. In some cases, offer a fallback option—like a basic HTML form—if a fancy widget isn’t accessible.

    Ongoing Monitoring (Because Websites Evolve)

    A website isn’t “done” the day you launch it. You’ll likely add new products, blog posts, or interactive elements over time. Any of these updates can unintentionally break accessibility. That’s why it’s crucial to make accessibility checks a routine part of your maintenance. Tools like a11y.Radar by 216digital can help you run regular scans to catch issues before they spiral out of control.

    Regular audits—perhaps quarterly—will ensure you stay in line with evolving standards, minimize the risk of complaints, and keep your audience happy. Keeping a finger on the pulse of your site’s accessibility means you can catch small issues before they turn into big headaches.

    Don’t Forget Mobile Apps and Other Digital Touchpoints

    The EAA isn’t just about traditional websites. If you have a mobile app or other digital services, they also need to be accessible. For apps, test them with built-in accessibility features. Ensure that fonts can be resized, screens read naturally with voiceover technologies, and that no essential functionality relies on a tricky gesture without an accessible alternative.

    Invest in Training and Resources for the Long Haul

    Accessibility isn’t a one-time project; it’s a mindset. Consider training your team so that everyone—from your content writers to your developers—understands the principles of accessible design. Allocate a budget for ongoing audits and fixes. If you maintain a relationship with an accessibility partner like 216digital, they can keep you informed about changes in standards and best practices.

    Why EAA Compliance is Good for Your Bottom Line

    At first, meeting EAA standards might feel like yet another box to check off. But embracing accessibility can actually help your business thrive. By removing barriers, you reach a bigger audience—think of the millions of potential customers who might otherwise struggle to use your site. And when your site is easier for everyone to navigate, all customers have a better experience, which can boost loyalty, trust, and conversions.

    Accessibility improvements often align with good user experience (UX) design principles. Cleaner layouts, logical navigation, and properly structured content don’t just help users with disabilities—they help everyone find what they need more quickly and enjoy their time on your site.

    Get Started Now, Not Later

    The EAA deadline may feel distant, but time flies, especially when you have a million other things on your plate. Start early so you have time to explore your options, fix issues thoroughly, and verify that your solutions work. Make accessibility part of your workflow, and you’ll find it’s much easier to stay compliant rather than scrambling at the last minute.

    Ready to Take the Next Step?

    Ensuring accessibility and complying with the EAA is a journey, but you don’t have to travel it alone. Whether you handle it in-house or partner with experts, starting now will put you ahead of the curve. If you’re unsure where to begin, consider reaching out to specialists. Contact 216digital today to learn more about how our web accessibility services can guide you toward a site that meets EAA standards and truly welcomes everyone.

    Take action now—schedule an ADA briefing with 216digital using the contact form at the bottom of this page. Let’s work together to make your digital platforms accessible, inclusive, and ready for the future.

    Greg McNeil

    December 13, 2024
    Legal Compliance
    Accessibility, Accessibility Remediation, EAA, European Accessibility Act, Website Accessibility

  • ADA Lawsuits: A Growing Concern in New York

    In recent years, New York has become a major hotspot for lawsuits related to digital accessibility under the Americans with Disabilities Act (ADA). As businesses increasingly rely on websites, mobile apps, and other online tools, it is no longer enough to make physical spaces accessible. 

    Today, digital platforms must also meet the same standards of accessibility as brick-and-mortar stores. Failing to do so can place a business at risk for costly and time-consuming legal challenges. Nowhere is this truer than in New York, where state and federal laws and a welcoming environment for plaintiffs have combined to create a surge in such cases.

    It is important to understand why these lawsuits are happening and what your business can do to protect itself. By taking a close look at the trends, legal requirements, and strategies for achieving digital accessibility, companies can avoid expensive legal battles, improve their brand image, and tap into a wider range of customers.

    Why is Accessibility So Important?

    The ADA was created to ensure that people with disabilities have the same access and opportunities as everyone else. At first, many people focused on making physical spaces accessible. This included adding wheelchair ramps, elevators, and braille signs. Today, though, access also means making sure that websites, online stores, and mobile apps are easy for everyone to use. For example, a person with low vision may rely on a screen reader to understand the content on a website. If the site is not coded correctly, that user might struggle to shop online, book a hotel room, or order food.

    When websites are hard for people with disabilities to use, it doesn’t just cause frustration—it can also be illegal. The ADA applies to many online experiences, and New York’s own laws add even more layers of protection for people with disabilities. All businesses that sell products or services online need to understand these rules, especially if they serve customers in New York.

    Understanding the Rise in New York Lawsuits

    In 2023, more than 4,500 ADA-related digital lawsuits were filed across the country—about 500 more than the previous year. New York has been at the center of this growth. While it previously trailed California, New York now accounts for a large share of all website accessibility cases filed in federal and state courts. Some experts estimate that New York makes up nearly three-quarters of these claims nationwide.

    What is causing this surge? A few key factors stand out:

    Plaintiff-Friendly Courts

    New York courts have a history of being friendly toward plaintiffs in ADA cases. Judges in the state are often willing to recognize a wide range of digital platforms as places of “public accommodation” under the law. This means more online businesses can be held responsible for failing to meet accessibility standards.

    Multiple Layers of Law

    Businesses must follow both the federal ADA rules and New York’s own state laws, such as the New York State Human Rights Law (NYSHRL). The NYSHRL can offer extra paths for plaintiffs to sue, making it easier and more appealing to file claims in New York than in some other states.

    Active Plaintiffs and Law Firms

    New York is home to many “serial plaintiffs” and law firms that specialize in ADA lawsuits. These are individuals and groups who regularly file new claims, often targeting multiple businesses at once. Their ongoing efforts help drive up the total number of cases filed each year.

    Industries Under the Microscope

    All kinds of businesses have faced ADA lawsuits in New York. E-commerce sites, which sell everything from clothing to electronics, are often hit the hardest. Since most online shopping involves browsing pictures, reading descriptions, and clicking through links, any barrier for people with disabilities can lead to serious issues. For instance, a person who cannot see images needs text alternatives (often called “alt text”) to understand what is being sold. Without alt text, the shopping experience is blocked.

    Restaurants and hospitality businesses are also common targets. Online menus, booking systems, and reservation forms must be designed so that people using assistive technology can navigate through them. Even online videos need captions or audio descriptions for those who cannot see or hear well.

    Other industries, such as entertainment, real estate, banking, and healthcare, are also under scrutiny. If you run any kind of website that reaches customers in New York, there is a risk that you could face a lawsuit if your site is not accessible.

    You Don’t Have to Be Based in New York

    One common misunderstanding is that these lawsuits only affect businesses physically located in New York. That is not true. If your website or app is accessible to New York consumers—and especially if you sell goods or services to them—you can be drawn into a New York court. The internet is not limited by borders, and plaintiffs can argue that you are “doing business” in New York if you serve customers there.

    The Costs of Non-Compliance

    The financial consequences of being sued for ADA violations can be serious. Settlements can run anywhere from $10,000 to $100,000, and that does not include the cost of hiring lawyers, spending time in court, or fixing your website to meet legal standards after the fact. Beyond money, your company’s reputation is at stake. Customers who learn that you do not prioritize accessibility might choose to shop elsewhere.

    Moreover, ignoring accessibility means ignoring a huge market. According to the Centers for Disease Control and Prevention (CDC), about 26% of American adults live with a disability. They and their families represent hundreds of billions of dollars in spending power. Making your digital platforms welcoming to them is not just the right thing to do—it also makes good business sense.

    Keys to Avoiding Lawsuits: Proactive Accessibility

    The best way to avoid a lawsuit is to make your website or app accessible before anyone complains. Here are some steps you can take:

    Run an Accessibility Audit

    Start by checking your current digital platforms for common barriers. Use both automated scanning tools and manual testing by people with disabilities, if possible. Automated tools can highlight common issues, such as missing image descriptions or poor color contrast. Manual testers can provide real-world feedback on what it’s like to use your site with assistive technology.

    Meet WCAG Standards

    The Web Content Accessibility Guidelines (WCAG) are considered the gold standard for making web content accessible. WCAG 2.1 at the AA level is often the target that businesses aim to meet. These guidelines cover areas like making sure images have descriptive text, ensuring that videos have captions, and checking that all parts of the site can be reached with a keyboard instead of a mouse.

    Train Your Team

    Accessibility should not be an afterthought. Teach your web designers, developers, and content creators to build accessibility into their work from the start. Simple habits—like always adding alt text to images, using proper headings, and ensuring enough color contrast—can go a long way toward meeting legal requirements.

    Keep Accessibility in Mind When Updating

    The work does not end once you meet accessibility standards. Each time you add new content, update your platform, or roll out a new feature, test again to make sure it is still accessible. Accessibility is an ongoing process, not a one-time project. Tools like 216digital’s a11y.Radar service offer ongoing monitoring to help businesses stay ahead of potential issues.

    Seek Professional Help

    If you are uncertain about how to meet ADA requirements, consider reaching out to consultants or legal experts who specialize in ADA and NYSHRL compliance. They can guide you through the process, help you find the right tools, and make sure that your efforts meet current standards.

    Building an Inclusive Digital Presence

    Instead of seeing accessibility as a burden, consider it an opportunity. By welcoming all users, you show that you value fairness, inclusion, and excellent customer service. Making your site easier to navigate benefits everyone, not just people with disabilities. Clear layouts, good contrast, easy-to-understand language, and well-organized menus make the online experience better for all visitors.

    Plus, many accessibility improvements help with search engine optimization (SEO). For example, adding accurate captions to images or videos can help search engines understand your content, possibly boosting your ranking in search results. This can attract even more customers over time.

    A Changing Legalscape

    The surge in ADA accessibility lawsuits in New York is not just a short-term trend. It reflects a broader shift in how the internet is regulated and how society views equal access. Lawmakers, judges, and advocacy groups are paying closer attention to digital accessibility than ever before. It is wise to expect that these standards will continue to evolve and become even stricter over time.

    By acting now, you can keep up with changing rules and avoid being caught off guard. The earlier you start, the easier it is to maintain compliance as the laws and guidelines update.

    Take the First Step with 216digital

    Prioritizing digital accessibility is about more than avoiding lawsuits—it’s about doing what’s right for all your customers and creating an online experience that everyone can enjoy. For businesses that serve customers in New York, the urgency is clear. The state leads the nation in ADA accessibility lawsuits, and companies that fail to act risk legal challenges, financial loss, and damage to their reputation.

    The good news is that you don’t have to navigate these challenges alone. By scheduling an ADA briefing with 216digital, you can gain clarity on the legal requirements, identify gaps in your digital accessibility, and get expert advice on how to achieve compliance. Our team takes a human-centered approach, combining technical expertise with actionable strategies to protect your business and build a more inclusive online presence.

    Don’t wait for a lawsuit to take action. Schedule your ADA briefing with 216digital today, and let us help you stay ahead of the curve while creating a better digital experience for all.

    Greg McNeil

    December 10, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, web accessibility lawsuits, Website Accessibility
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