Legal Compliance Archives- Page 3 of 10/Category

The Accessibility Lawsuit Trend No One’s Talking About

In 2025, the world of digital accessibility is more complicated and urgent than ever. Lawsuits over website accessibility are on the rise, and they are changing in ways many businesses haven’t prepared for. In the past, companies would run automated scans and assume they were safe. But a troubling new trend has emerged. Plaintiffs are now basing their legal cases on problems that only show up through manual audits. If your website is relying on automated checks alone, you could be at serious legal risk. This article explains why this shift is happening, how automated scans fall short, and what you can do right now to stay ahead.

Why Automated Scans Are No Longer Enough

Over the years, many accessibility lawsuits pointed to errors found by automated tools. These tools check for missing alt text on images, low color contrast, and other basic issues. But today, plaintiffs’ lawyers and accessibility consultants are using manual audits to find deeper barriers. They test how a site really works for someone with a disability. They check if a keyboard-only user can reach all parts of a form, or if a screen reader can make sense of the menu. These tests go beyond surface-level coding problems.

Now, many businesses find themselves sued even though they passed automated scans. Plaintiffs’ experts show detailed reports from manual audits to prove real-life barriers. Lawyers and judges are giving more weight to these reports, which show that a site may look fine to the naked eye but still fail to support people with disabilities. If businesses don’t adjust, they could face serious legal costs and brand damage.

The Problem with Automated Scans

Automated scans still have their place. They’re great for catching low-hanging fruit like missing alt attributes or basic color contrast issues. However, they’re just one piece of the accessibility puzzle. Here are a few examples:

Contextual Understanding

Tools can’t interpret how a page flows from one element to another or whether a user’s journey makes sense. For instance, an automated tool might confirm that a button has a label. But it won’t confirm if that label makes sense in context—for example, “Click Here” might be flagged as accessible by an automated tool but provides zero context to screen readers.

Dynamic Interactive Elements

If your site has pop-ups, carousels, or complex menus, automated scans might not catch when these elements create focus issues. A user relying on keyboard navigation might get stuck or lose track of where they are on the page.

Human Navigation Patterns

Real users might try multiple paths to accomplish tasks, like making a purchase or filling out a form. Automated tools generally test code in a linear fashion, missing real-world usage patterns.

Advanced ARIA Techniques

ARIA can help screen readers identify custom elements (like drop-downs, tabs, or modals). However, it must be implemented correctly. An automated tool might only check if ARIA attributes exist, not if they are used correctly.

Recent Case Examples Where Automated Scans Failed

Several businesses have learned this lesson the hard way. Although you might read about them in publications like The Wall Street Journal, three notable examples include:

Kramer Knives

A small business specializing in handcrafted knives faced a lawsuit from a visually impaired plaintiff. Kramer Knives believed they were compliant because an automated scan showed few errors. However, manual testing uncovered keyboard navigation issues and unclear labels, resulting in legal action.

Electric Bike Technologies

This e-commerce business was sued for alleged inaccessibility after a plaintiff discovered barriers during manual testing. The automated scans the company had relied on were insufficient, as they didn’t catch certain interactive elements that weren’t accessible to screen readers.

Extract Labs

This CBD and cannabinoid products seller thought their high automated score meant they were safe. However, manual audits found significant barriers—like form fields that weren’t properly labeled and pop-up modals that trapped keyboard focus—leading to a lawsuit.

In each instance, the businesses thought they were protected. But what they missed—those deeper, functional issues—still made their sites inaccessible to real users and vulnerable in court.

How This Shift Could Activate a Wave of Accessibility Lawsuits in 2025

More Lawsuits, More Targets

Since manual audits reveal issues that automated scans ignore, it’s easier than ever for plaintiffs to build a strong legal case. E-commerce stores, healthcare websites, and travel booking sites are especially vulnerable. Their complex forms and interactive features may pass an automated check but fail real-world testing.

The Rise of Copycat Lawsuits

Accessibility lawsuits now follow a pattern. According to recent statistics, 41% of federal court lawsuits in 2024 targeted businesses that had already been sued before. Plaintiffs’ law firms reuse winning strategies again and again. Once they find a successful argument, they apply it to many businesses across different industries. Small businesses without in-house accessibility knowledge become prime targets. They often settle quickly to avoid higher legal costs, which makes them even more attractive to plaintiffs. These copycat lawsuits can destroy a business’s reputation and finances.

What Website Owners Need to Do Now

Going Beyond Automated Scans

It’s clear that if your only strategy is running an automated scan, you’re leaving yourself wide open. You need a multi-layered approach that combines automated scanning with manual audits for a complete look at your site. Manual audits test your website in the same way real users do.

Testers try to navigate using only a keyboard, or with a screen reader, or with special settings to assist low vision. This approach catches hidden barriers that an automated check will never see. If possible, individuals with disabilities should be involved in testing. Their feedback is invaluable because it reflects real-world challenges that neither a tool nor a developer might anticipate.

Creating a Proactive Accessibility Strategy

If you want to stay off a plaintiff’s radar, or at least have a strong defense if sued, take these steps:

Conduct a Full Accessibility Audit

Start with an initial assessment that combines automated tools and manual audits. Identify all major barriers to accessibility on your site.

Remediate the Issues

Fix the problems uncovered by your audit. This might involve updating code, redesigning certain elements for better contrast and clarity, or rethinking how your site’s navigation is structured.

Implement Ongoing Monitoring

Accessibility isn’t a “set it and forget it” project. Every time you add a new product, page, or feature, you could introduce new barriers. Schedule periodic reviews, both automated and manual or sign up for monitoring services like Accessibility Radar (a11y.Radar).

Train Your Team

Developers, designers, content writers—everyone on your team should know the basics of accessibility. Make sure they understand how to write alt text, use headings properly, and maintain keyboard-friendly navigation.

How 216digital Can Help

If you’re feeling overwhelmed, you’re not alone. It’s a big task to ensure your website is fully accessible, especially if you’re new to web accessibility. At 216digital, we focus on making accessibility practical and achievable for businesses of all sizes.

Our experts will test your website the way actual users do. We don’t just point out problems. We help you fix them for the long run. Whether your site needs design tweaks, code adjustments, or content changes, we’ll guide you every step of the way.

We don’t stop there. Accessibility standards change, and we stay on top of new guidelines. We provide ongoing support to make sure your site remains accessible. By combining automated scans with manual audits, our team delivers a full view of your accessibility status.

Take Action Today

Many business owners don’t think about website accessibility until they get served a lawsuit. By then, it may be too late. The better plan is to act now. Start with a thorough assessment and fix any barriers before a plaintiff turns them into a legal case. If you wait, you could face serious penalties, legal fees, and harm to your brand.

To stay protected, schedule a free accessibility risk assessment with 216digital. Our team will show you how manual audits can spot hidden barriers, and we’ll guide you on how to fix them. Avoid the growing wave of lawsuits by making your site accessible today. After all, equal access is not just a legal issue—it’s the right thing to do for your customers and your business.

Remember: automated scans are no longer enough. By embracing manual audits, you can protect your business, serve your customers better, and stay on the right side of the law. Don’t wait until you become the next lawsuit headline. Act now and secure your place as a leader in digital accessibility.

Greg McNeil

February 5, 2025

Legal Compliance

2025, Accessibility, Accessibility Audit, Accessibility testing, ADA Lawsuit, manual audit, Manual Testing, Web Accessibility
Why ADA Lawsuits Will Continue to Rise in 2025
The number of lawsuits filed under the Americans with Disabilities Act (ADA) has steadily increased over the past decade, and this trend is expected to continue in 2025. Businesses of all sizes, particularly those operating in the digital space, will likely face heightened scrutiny regarding their accessibility practices. Several key factors contribute to the continued rise in ADA lawsuits, from growing awareness of accessibility rights to the expanding scope of digital accessibility challenges. Understanding these drivers can help businesses proactively approach compliance and risk mitigation.

1. Growing Awareness of Accessibility Rights

One of the most significant reasons behind the rise in ADA lawsuits is the increasing awareness of accessibility rights among individuals with disabilities. As digital accessibility advocacy gains momentum, more users are recognizing their right to equal access to websites, mobile apps, and other online platforms. Organizations such as the National Federation of the Blind (NFB) and the American Council of the Blind (ACB) continue to push for more stringent enforcement of accessibility laws, empowering individuals to take legal action when they encounter barriers.

Additionally, social media and digital forums provide platforms for users to share their experiences, amplifying the conversation around accessibility. As more individuals demand equal access to digital spaces, businesses that fail to comply with accessibility standards will become increasingly vulnerable to lawsuits.

2. The Rapid Expansion of Digital Technologies

The explosion of digital technologies, particularly in e-commerce and online services, has introduced new accessibility challenges. Many businesses are rushing to implement AI-driven interfaces, chatbots, and complex navigation structures without considering how these innovations impact users with disabilities. Common accessibility barriers include:
- Poor screen reader compatibility
- Inaccessible forms and checkout processes
- Missing or inadequate alt text for images
- Lack of keyboard navigability
- Videos without captions or transcripts
As businesses expand their digital footprints, accessibility must be a central consideration. However, many companies neglect to prioritize accessibility during development, leaving them exposed to potential litigation.

3. Legal Precedents and Heightened Enforcement Trends

In recent years, landmark ADA lawsuits have set powerful legal precedents, further fueling the rise in litigation. Cases like Robles v. Domino’s Pizza and Gil v. Winn-Dixie have reinforced that digital accessibility falls under the scope of the ADA. These rulings have emboldened individuals and advocacy groups to pursue legal action when accessibility barriers persist.

At the same time, regulatory bodies are stepping up their enforcement efforts. The Department of Justice (DOJ) has issued more explicit guidance on digital accessibility compliance, signaling that noncompliance will not be tolerated. With federal and state regulators increasing their scrutiny, businesses that ignore accessibility requirements risk facing significant legal and financial consequences.

4. The Impact of Accessibility Testing Tools

The evolution of accessibility testing tools makes identifying noncompliance easier than ever. Automated scanners, AI-driven auditing platforms, and real-world testing methods are providing users, advocacy groups, and legal professionals with concrete evidence of accessibility violations.

Tools such as WAVE, Google Lighthouse, and a11y.Radar enables quick and comprehensive assessments of digital properties. As these tools become more sophisticated and widely adopted, businesses that neglect accessibility will find it increasingly difficult to claim ignorance of their obligations. The ability to quickly identify accessibility failures means that potential plaintiffs have more substantial cases, further driving the volume of ADA lawsuits.

5. The Demand for Proactive Accessibility Compliance

With rising legal risks, businesses can no longer afford a reactive approach to accessibility. A growing number of organizations are recognizing the need for proactive accessibility strategies, including:
- Regular accessibility audits
- Compliance monitoring
- Employee training on digital accessibility
- Partnering with accessibility experts for remediation
Despite these efforts, many businesses still fall short due to a lack of knowledge or investment in accessibility initiatives. Those who fail to take proactive steps will face legal repercussions as accessibility enforcement intensifies.

The Time to Act on Accessibility Is Now

ADA lawsuits are projected to rise in 2025 due to growing awareness, digital expansion, legal precedents, and enhanced enforcement. Businesses must recognize that accessibility is not just a legal obligation but also a cornerstone of inclusivity and user experience. By taking a proactive approach to accessibility compliance, organizations can mitigate legal risks, boost customer satisfaction, and contribute to a more accessible digital world.

Now more than ever, it’s crucial for businesses to prioritize accessibility. Those who fail to do so risk costly lawsuits and miss the opportunity to build a more inclusive and equitable online presence. The time to act is now—and 216digital is here to help. Our team understands the complexities of ADA compliance and can guide you through every step of making your website accessible to all users. Contact 216digital today to learn how we can support your organization’s accessibility initiatives and help you stay ahead of rising ADA enforcement in 2025.
Greg McNeil

January 31, 2025

Legal Compliance

2025, ADA Compliance, ADA Lawsuit, ADA Lawsuits, ADA Website Compliance, web accessibility lawsuits
What Are Accessibility Statements and Why Use Them?

When was the last time you walked into a store and felt completely welcomed? Maybe there was a helpful sign at the entrance or a staff member who greeted you with a smile. Online, a similar sense of welcome can come from something called accessibility statements. These statements show people that everyone is invited to enjoy a website, app, or digital content. In this article, we’ll explore why accessibility statements are so important, what they include, and how you can make your online content—like marketing emails—more accessible.

Why Accessibility Statements Matter

At their core, accessibility statements are a way for organizations to say, “We care about everyone’s experience.” They let people know that your website or digital content tries to meet standards for accessibility. When you create accessibility statements, you show a commitment to making sure people with different needs can use your services. This helps build trust, especially for those who might worry about facing barriers online.

Here’s the cool part: accessibility statements encourage transparency. They explain what an organization has done to make things accessible, where there might still be challenges, and how users can ask for help. This open, honest style helps everyone feel more confident. People who use assistive technology—like screen readers—find these statements comforting because they know the site owners are aware of accessibility needs. It’s like having a friendly store greeter online.

The Main Ingredients of a Good Accessibility Statement

You might be wondering: What should accessibility statements include? While there isn’t a one-size-fits-all template, here are some common parts:

Purpose and Commitment

Clearly, say that you’re dedicated to making your website or content accessible to everyone. This is the “hello” handshake of your statement.

Standards and Guidelines

Mention which rules or guidelines you follow, like the Web Content Accessibility Guidelines (WCAG). This shows people you’re serious about meeting global standards.

Areas of Success

List the parts of your website or content that already meet accessibility standards. This helps people know where they can expect a smooth experience.

Areas Needing Improvement

Nobody’s perfect! Let visitors know if there are certain parts of your site that you’re still working on. Honesty goes a long way in building trust.

Contact Information

Provide an easy way for people to reach out if they find something that isn’t accessible or if they have questions. An email address or contact form is often enough.

By including these elements in your accessibility statements, you show you’re doing more than just talking about inclusion—you’re taking tangible steps to make it happen.

Building Trust and Confidence

When organizations publish accessibility statements, they send a clear message: “We value you.” This is especially meaningful for people who have experienced barriers. Imagine if every time you tried to open a door, it was locked, or the handle was too high. That’s what using an inaccessible website can feel like. By stating your commitment, you give users hope and reassurance that they’re not forgotten.

Also, having a solid accessibility approach can help you follow the law. In some places, regulations require that websites meet certain accessibility standards. An accessibility statement can show you’re aware of these rules and are taking action. Plus, it’s simply the right thing to do—like offering a ramp for a wheelchair user, or providing large-print menus at a restaurant.

Making Marketing Emails Accessible

Let’s switch gears for a moment. While we focus a lot on websites, marketing emails are just as important. In fact, if your emails aren’t accessible, you might lose customers or readers—fast! But don’t panic. It’s not as hard as it sounds. Just as accessibility statements make a promise of inclusion, accessible emails extend that promise right into people’s inboxes.

Here are some steps to make your emails friendlier to all:

Use Clear Subject Lines

Keep your subject lines short and to the point. Screen readers usually announce them right away, so clarity helps everyone.

Include Alt Text for Images

When you add images, use alt text to describe them. If someone can’t see the picture, the alt text tells them what’s there. For example, if you have a picture of a happy dog with a party hat, you can say, “Happy dog wearing a birthday hat.”

Check Your Color Contrast

Make sure the text and background colors are easy to read. High contrast helps people with low vision or color blindness. For tips, check out W3C’s contrast guidelines (opens in a new window).

Use Descriptive Links

Instead of saying, “Click here,” try “Learn more about our new product.” This way, users with screen readers know where the link goes.

Use Headers and Simple Formatting

Break up your email content with headers or bulleted lists. This makes it easier for screen readers to move through the email. And honestly, it looks nicer for everyone.

For more detailed help, you might explore additional resources on email accessibility. These guides dive deeper into coding tips and best practices.

Keeping Things Technical but Simple

You might hear terms like “ARIA labels” or “semantic HTML.” Don’t let these scare you. “ARIA labels” help screen readers understand what a button or link does. “Semantic HTML” means using tags like <header> and <main> so assistive technologies know what each part of a page is.

For emails, focus on including alt text for images, using good color contrast, and providing meaningful link text. If you do want to explore more advanced techniques, you can find lots of resources online that explain them step by step. Just remember to breathe, keep it simple, and maybe have a snack handy while you learn—everyone needs a cookie break now and then!

Continuing Your Accessibility Journey

By creating accessibility statements and ensuring your marketing emails follow best practices, you make inclusion a top priority. But don’t stop there! Keep testing your site and emails. Ask for feedback from people who use assistive technology. Over time, you’ll learn what works best and be able to improve.

Sometimes, you might discover that something you thought was accessible actually needs fixing. That’s normal. Accessibility isn’t a single task—it’s an ongoing journey. Each update moves you closer to a space where every visitor or customer feels welcome.

The Final Click: Making Web Access a Reality

In the end, accessibility statements aren’t just documents—they’re promises that you care about all users, including those from marginalized communities. They show you’re transparent, ready to comply with legal standards, and excited to keep learning. These statements can spark real trust and encourage people of all abilities to engage with your brand or organization.

Adding accessible marketing emails to your strategy is the icing on the cake (or the chocolate chips in the cookie, if you prefer). It proves that you aren’t just talking the talk—you’re walking the walk in every channel. By sharing your accessibility goals, explaining your methods, and welcoming feedback, you create an online environment where everyone feels included.

So go forth and write that accessibility statement. Tweak those emails. Invite people in with open arms. Your users, customers, and future fans will thank you. And if you’re ready to get started, 216digital is here to help! Just fill out the contact form below, and let us know your goals or questions. Together, we’ll create an online space that makes everyone feel invited, included, and inspired.

Greg McNeil

January 29, 2025

Legal Compliance

Accessibility, Accessibility Statment, Benefits of Web Accessibility, Web Accessibility, Website Accessibility
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

Why Automated Scans Are No Longer Enough

The Problem with Automated Scans

Contextual Understanding

Dynamic Interactive Elements

Human Navigation Patterns

Advanced ARIA Techniques

Recent Case Examples Where Automated Scans Failed

Kramer Knives

Electric Bike Technologies

Extract Labs

How This Shift Could Activate a Wave of Accessibility Lawsuits in 2025

More Lawsuits, More Targets

The Rise of Copycat Lawsuits

What Website Owners Need to Do Now

Going Beyond Automated Scans

Creating a Proactive Accessibility Strategy

Conduct a Full Accessibility Audit

Remediate the Issues

Implement Ongoing Monitoring

Train Your Team

How 216digital Can Help

Take Action Today

1. Growing Awareness of Accessibility Rights

2. The Rapid Expansion of Digital Technologies

3. Legal Precedents and Heightened Enforcement Trends

4. The Impact of Accessibility Testing Tools

5. The Demand for Proactive Accessibility Compliance

The Time to Act on Accessibility Is Now

Why Accessibility Statements Matter

The Main Ingredients of a Good Accessibility Statement

Purpose and Commitment

Standards and Guidelines

Areas of Success

Areas Needing Improvement

Contact Information

Building Trust and Confidence

Making Marketing Emails Accessible

Use Clear Subject Lines

Include Alt Text for Images

Check Your Color Contrast

Use Descriptive Links

Use Headers and Simple Formatting

Keeping Things Technical but Simple

Continuing Your Accessibility Journey

The Final Click: Making Web Access a Reality

The Rise and Shift of ADA Lawsuits for Websites

Geographic Hotspots

Widgets and Overlays Don’t Cut It

Why Do Overlays Fail?

The Growing Challenge of Repeat Lawsuits

Why E-Commerce Websites Were the Hardest Hit

What You Can Do to Avoid ADA Lawsuits

Accessibility: A Legal Requirement and a Moral Choice

Why Accessibility Matters

Major Accessibility Laws in the United States

1. Americans with Disabilities Act (ADA)

2. Section 508 of the Rehabilitation Act

International Regulations

Consequences of Non-Compliance

The Role of WCAG in Accessibility

Best Practices to Maintain Legal Compliance

Run an Accessibility Audit

Fix Common Barriers

Train Your Team

Adopt a Clear Design and Layout

Review and Update Regularly

Practical Tools to Assist with Accessibility

Additional Resources

Moving Forward with an Inclusive Approach

Why Web Accessibility Matters

Accessibility Laws in Canada: What You Need to Know

What is WCAG?

Why Accessibility is a Smart Move for Canadian Retailers

Why Accessibility Benefits Everyone

Steps to Make Your Website Accessible

The Risks of Ignoring Accessibility

Building a More Inclusive Future

Understanding the Equality Act 2010

How Does the Equality Act Apply to Web Accessibility?

Why Should U.S. Website Owners Care?