216digital.
Web Accessibility

Phase 1
Web Remediation for Lawsuit Settlement & Prevention

Phase 2
Real-World Accessibility

a11y.Radar
Ongoing Monitoring and Maintenance

Consultation & Training

Is Your Website Vulnerable to Frivolous Lawsuits?
Get a Free Web Accessibility Audit to Learn Where You Stand
Find Out Today!

Web Design & Development

Marketing

PPC Management
Google & Social Media Ads

Professional SEO
Increase Organic Search Strength

Interested in Marketing?
Speak to an Expert about marketing opportunities for your brand to cultivate support and growth online.
Contact Us

About

Blog

Contact Us

  • 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

  • Website Accessibility: Are Overlays Just Hiding the Problem?

    Creating an accessible website isn’t just about ticking a box. It’s about ensuring that every user, no matter their abilities, can navigate and benefit from your digital presence. Yet, for many business owners, the idea of tackling website accessibility can feel overwhelming. Enter accessibility overlays—those “quick fix” solutions promising to make your site compliant in a snap. Sounds perfect, right?

    Unfortunately, it’s too good to be true. Overlays don’t just fall short—they create more problems, leaving users frustrated and your business exposed to legal risks. Let’s cut through the noise and uncover the truth about why overlays are not the solution they claim to be.

    What Are Website Accessibility Overlays?

    Web accessibility overlays are tools or widgets that website owners can add to their sites to enhance website accessibility—or at least, that’s the promise They typically involve inserting a small JavaScript code snippet into your site, which then adds a floating button or widget. This button allows users to make adjustments, such as changing text size, altering color contrasts, or enabling screen reader compatibility.

    On the surface, overlays sound like a dream come true: a quick, low-cost way to improve website accessibility without needing a major redesign. But here’s the kicker: overlays only mask the problem. They don’t address the more profound, structural issues that make a website inaccessible in the first place. Worse, they can actually introduce new barriers, frustrating users with disabilities and leaving your business exposed to legal and reputational risks.

    Why Accessibility Overlays Are a Risky Shortcut

    Overlays Don’t Address Website Accessibility Barries

    Overlays operate on the surface, leaving your website’s underlying code untouched. If your site has poorly labeled buttons, inaccessible forms, or missing alt text, overlays won’t fix any of it. It’s like putting a fresh coat of paint on a crumbling wall—it looks fine for a moment, but the structural issues are still there. 

    So, what issues are ignored by AI and overlay widget tools?

    • Missing headings 
    • Missing alt text on images
    • Marked link text 
    • No labels on form fields
    • Required form fields not indicated
    • No submit button on forms or no clear button label

    While most of these issues may not be visible to all users, these issues are significant barriers to web users with disabilities. 

    Poor User Experience for People with Disabilities

    Ironically, overlays often create more barriers for people with disabilities instead of removing them. They frequently disrupt the functionality of assistive technologies like screen readers and keyboard navigation, making it harder—not easier—for users to navigate a site. Rather than complementing these tools, overlays can interfere with their operation, forcing users to abandon their preferred methods and engage with the overlay’s limited features. This undermines the independence and usability that assistive technologies are designed to provide.

    Website Accessibility is Not a One-Size-Fits-All Solution

    Disabilities are as diverse as the people who have them, and a one-size-fits-all overlay cannot possibly meet every user’s needs. Built on generalized assumptions, overlays often cater to a narrow set of requirements while neglecting others, leaving many users frustrated or excluded. For instance, individuals with cognitive disabilities may find overlays too complex or distracting, while those with motor impairments may struggle with poorly designed interactions.

    This cookie-cutter approach ignores the nuanced and personalized support that true accessibility demands, emphasizing the need for solutions that genuinely prioritize diverse user experiences.

    For more information on how overlays affect users’ experience, check out our article, “Are Web Accessibility Overlays Hurting Users?”

    They Increase Legal Liability

    Don’t fall for the myth that overlays will shield you from lawsuits. Courts and advocacy groups have repeatedly ruled that overlays don’t meet accessibility standards. In fact, relying on them might make your business a bigger target. By mid-2024, over 20% of web accessibility lawsuits were filed against companies using these widgets. 

    To make things even more challenging, businesses using overlays are now facing a new wave of copycat lawsuits. These lawsuits come from a new wave of ambulance chasers targeting companies that rely on third-party overlays. They know these tools often fall short of providing true accessibility. Tools like BuiltWith make it easy for anyone to see what a website is built with. With just a click, you can access a list of websites using a specific tool—like AccessiBe or another accessibility overlay.

    Why Genuine Website Accessibility Efforts Matter

    If overlays aren’t the answer, what is? Real website accessibility means going beyond surface-level fixes to create a seamless, inclusive experience for all users. It’s a commitment to quality, usability, and long-term success. Here’s why it’s worth the effort:

    Tailored Fixes Address Specific Barriers

    No two websites—or audiences—are the same. A manual accessibility audit identifies the unique issues impacting your users and ensures they’re resolved effectively.

    User Testing Guarantees Real-World Usability

    Involving people with disabilities in your testing process provides insights that automated tools and overlays simply can’t replicate. It’s the difference between assuming accessibility and truly delivering it.

    Sustainable Practices Build Long-Term Compliance

    Web accessibility is a continuous journey—not a one-time task. Genuine efforts focus on:

    • Training Your Team: Equip your content creators, designers, and developers with the skills and knowledge to maintain accessibility throughout the site’s lifecycle.
    • Ongoing Monitoring: Use accessibility tools to identify new issues as they arise. Websites evolve, and so do the standards and technologies that shape them.
    • Proactive Planning: Incorporate accessibility into every stage of your workflow, from initial design concepts to regular updates or redesigns. This proactive approach prevents future problems and keeps your site ahead of accessibility requirements.

    Practical Steps for Website Accessibility

    Ready to ditch the quick fixes? Here’s how to achieve genuine website accessibility:

    1. Start with an Audit: Identify your site’s barriers with a professional accessibility audit. This creates a roadmap for improvement.
    2. Remediate Issues: Work with developers to fix identified issues, such as:
      • Add alt text to images.
      • Improve keyboard navigation.
      • Fix form labels and color contrast.
    3. Test with Real Users: Ensure your changes work in the real world by testing with people who use assistive technologies.
    4. Monitor and Maintain: Accessibility is ongoing. Use tools like Accessibility Radar (a11y.Radar) to stay proactive and address new issues as they arise.
    5. Partner with Experts: Accessibility is complex—don’t go it alone. Experts can guide you through compliance and ensure your efforts truly make a difference.

    Don’t Settle for a Shortcut That Fails 

    Accessibility overlays might sound tempting, but they’re no substitute for meaningful action. By addressing website accessibility at its core, you create an inclusive, compliant, and user-friendly website.

    Don’t settle for shortcuts that leave your users frustrated and your business at risk. Instead, invest in meaningful changes that prioritize user experience, long-term success, and a digital space where everyone feels welcome.

    Ready to take the first step? Partner with the experts at 216digital, who understand accessibility inside and out. Together, we can create a web that works for everyone—and protect your business in the process. Schedule your complimentary ADA briefing today to start your journey toward an accessible and compliant future.

    Greg McNeil

    December 5, 2024
    Legal Compliance
    Accessibility, Overlay, screen overlays, Website Accessibility, Widgets

  • How Accessibility Widgets Can Put Businesses at Risk

    Web-accessibility overlays, also known as accessibility widgets, promise an easy, one-click solution to achieving compliance with web-accessibility standards like the Web Content Accessibility Guidelines (WCAG). These widgets often claim to make websites instantly accessible to people with disabilities while shielding businesses from legal action.

    However, this promise is often too good to be true. Overlays have significant limitations, and relying solely on them can expose businesses to legal, reputational, and financial risks. This article will explore why overlays fall short, the dangers of assuming they are sufficient, and why companies need a more comprehensive approach to web-accessibility.

    What Are Website Accessibility Overlays?

    Accessibility overlays are third-party tools or scripts integrated into a website. They offer text resizing, color contrast adjustments, screen reader compatibility, and keyboard navigation. For businesses seeking quick solutions, these widgets appear convenient and cost-effective.

    Yet, accessibility experts and advocacy groups frequently criticize overlays for failing to address core accessibility issues. Many users with disabilities report that these tools do not work as advertised and often create more barriers than they remove.

    Legal Risks of Accessibility Overlays

    The legal landscape surrounding web-accessibility has become increasingly complex. Businesses in the United States are required to provide equal access under laws like the Americans with Disabilities Act (ADA) and, in some cases, the Rehabilitation Act. Non-compliance can result in lawsuits, financial penalties, and settlement costs.

    Here’s how overlays contribute to legal risks:

    False Sense of Compliance

    Overlays often give businesses a false sense of security by claiming compliance with WCAG standards. However, these widgets rarely fix underlying issues in the website’s code, which is the root of most accessibility barriers.

    Courts have consistently ruled that overlays are not a substitute for full compliance. For example, in cases like Robles v. Domino’s Pizza, the courts emphasized that businesses must address accessibility holistically, not rely on third-party fixes.

    Increased Legal Vulnerability

    Recent lawsuits have specifically targeted companies that rely on overlays. Plaintiffs argue that these tools fail to provide meaningful access and do not meet legal standards. Businesses using overlays can face repeat litigation from multiple plaintiffs or “copycat” lawsuits.

    Misleading Claims

    Overlays that advertise themselves as ADA-compliant solutions may expose businesses to additional liability under consumer protection laws for misleading claims.

    Reputational Risks of Accessibility Overlays

    In today’s socially conscious marketplace, accessibility is not just a legal requirement but a moral and ethical imperative. Failing to address accessibility authentically can damage a business’s reputation.

    Negative Feedback from Users

    Many individuals with disabilities report that overlays interfere with assistive technologies like screen readers and fail to improve their browsing experience. Frustrated users often take to social media to share their negative experiences, leading to bad publicity.

    Advocacy Group Backlash

    Disability advocacy groups are increasingly vocal about the ineffectiveness of overlays. A public campaign against a company for using a widget as a “quick fix” can tarnish its brand and alienate customers who value inclusivity.

    Erosion of Trust

    Businesses relying on overlays signal a lack of commitment to genuine accessibility. This can lead to diminished trust among consumers, especially in industries like retail, education, and healthcare, where accessibility expectations are high.

    Financial Risks of Accessibility Overlays

    The financial consequences of relying on accessibility overlays extend beyond potential lawsuits. They can lead to hidden costs that outweigh their initial affordability.

    Recurring Costs Without Long-Term Benefits

    Overlays typically operate on a subscription model, requiring ongoing payments. Despite these recurring costs, they fail to deliver permanent solutions, forcing businesses to invest in comprehensive remediation eventually.

    Cost of Legal Defense

    Defending against accessibility lawsuits is costly, even if a case doesn’t reach trial. Businesses relying on overlays may face higher legal expenses due to their inability to demonstrate genuine efforts toward compliance.

    Lost Revenue from Alienated Customers

    Accessibility barriers can drive away potential customers, especially in e-commerce. An inaccessible website limits the purchasing power of individuals with disabilities, who collectively control over $490 billion in disposable income in the United States alone.

    The Limitations of Accessibility Overlays

    Accessibility overlays are inherently limited because they address only surface-level issues. They do not fix the underlying structural problems in a website’s code. Key limitations include:

    • Incompatibility with Assistive Technology: Many widgets fail to work seamlessly with screen readers, keyboard navigation, or voice recognition software.
    • Partial Coverage: Overlays often address only a narrow set of accessibility issues, leaving gaps that continue to exclude users with disabilities.
    • Unintended Consequences: Some overlays introduce new barriers, such as excessive pop-ups, poor usability, or errors that disrupt the browsing experience.

    These limitations highlight why overlays cannot replace a robust accessibility strategy.

    A More Authentic Approach to Web-Accessibility

    To truly achieve accessibility, businesses must move beyond quick fixes and invest in comprehensive, authentic solutions. A holistic approach includes:

    Accessibility Audits

    Conducting thorough manual and automated audits to identify all accessibility barriers on a website. An audit provides a clear roadmap for remediation.

    Remediation of Core Issues

    Fixing the underlying code to ensure compliance with WCAG standards. This involves addressing issues like semantic HTML, proper labeling of forms, and ensuring content is perceivable, operable, understandable, and robust (POUR principles).

    Ongoing Maintenance

    Accessibility is not a one-time project. Regular updates, testing, and monitoring ensure that websites remain compliant as technology evolves.

    User-Centered Design

    Involving users with disabilities in the design and testing process ensures that solutions meet real-world needs.

    Expert Partnerships

    Partnering with accessibility experts helps businesses navigate complex legal requirements and implement effective solutions. Services like 216digital’s a11y.Radar provides ongoing monitoring to maintain compliance and reduce the risk of lawsuits.

    Why Businesses Should Avoid the Widget Trap

    While accessibility overlays may seem like a quick fix, their limitations and associated risks make them a poor choice for businesses serious about accessibility. A genuine commitment to accessibility requires addressing the root causes of inaccessibility, not just the symptoms.

    Schedule an ADA Briefing with 216digital

    If you’re ready to move beyond widgets and take meaningful steps toward true web-accessibility, schedule an ADA briefing with 216digital. Our team of experts will guide you through understanding accessibility standards, identifying areas for improvement, and implementing solutions tailored to your business. With tools like our a11y.Radar service for ongoing monitoring, we’ll help ensure that your website not only meets compliance requirements but also provides a user-friendly experience for everyone.

    By investing in a robust and authentic approach, businesses can avoid the legal, reputational, and financial pitfalls of relying on overlays. More importantly, they can create an inclusive digital experience that serves all users, regardless of ability.

    Greg McNeil

    November 20, 2024
    Legal Compliance
    Accessibility, ADA Compliance, Overlay, Overlay widgets, Website Accessibility, Widgets

  • Is ADA Compliance the Same as 508 Compliance?

    If you’ve worked on a website or digital content, you know accessibility isn’t just important—it’s essential. But here’s a common question that trips up even seasoned professionals: Are ADA compliance and Section 508 compliance the same thing? While they may seem similar at first glance—both aim to make digital experiences accessible—their differences are crucial, and misunderstanding them could mean focusing on the wrong standards for your audience or business.

    In this article, we’ll unpack the distinctions and overlaps between ADA and Section 508 compliance. By the end, you’ll not only understand what sets them apart but also how to use this knowledge to make your website truly accessible.

    What is ADA Compliance?

    ADA stands for the Americans with Disabilities Act, a landmark law passed in 1990 to ensure that people with disabilities have the same rights and opportunities as everyone else. The ADA covers a wide range of accessibility issues, from physical spaces (like ramps and elevators in buildings) to digital spaces (like websites and online services). In the context of websites, ADA compliance means making sure your website is accessible to people with disabilities.

    For websites, ADA compliance means ensuring accessibility for people with disabilities. This includes making your site usable for:

    • Visually impaired individuals using screen readers.
    • Deaf or hard-of-hearing users who rely on captions or transcripts.
    • People with motor disabilities who may use keyboards or alternative input devices instead of a mouse.

    While the ADA itself doesn’t give specific rules for websites, it requires businesses to ensure that their digital services are accessible. This is where guidelines like the Web Content Accessibility Guidelines (WCAG) come into play. The WCAG provides a set of standards for making websites accessible to everyone, including people with various disabilities.

    What is Section 508 Compliance?

    Section 508 is part of the Rehabilitation Act of 1973, a law designed to improve access for people with disabilities, especially in the workplace and in government. Section 508 specifically focuses on ensuring that federal agencies and contractors make their electronic and information technology (EIT) accessible. This includes websites, software, videos, and other forms of digital content used by government employees and the public.

    Section 508 compliance is more specific than ADA compliance because it lays out detailed technical standards for web accessibility. Unlike the ADA, which applies to all public and private entities, Section 508 is focused specifically on federal government entities and those that do business with the government.

    The Key Differences Between ADA and Section 508 Compliance

    Now that we have a basic understanding of both standards let’s take a look at some of the key differences:

    Scope of Applicability

    ADA compliance applies to all businesses, government entities, and organizations that provide public services, including websites, regardless of whether they are working with the federal government.

    On the other hand, Section 508 only applies to federal agencies, federal contractors, and any organizations or companies that receive federal funding or contracts. In other words, Section 508 is more narrow in scope than ADA compliance.

    Specificity of Standards

    ADA compliance serves as a general guideline rather than providing specific technical or legal instructions for web accessibility. Its primary focus is on the principle of accessibility, encouraging the design of websites that are usable by individuals with a variety of disabilities. By prioritizing inclusivity, ADA compliance aims to ensure that everyone can effectively access online content. ADA compliance often refers to the WCAG guidelines for web content accessibility.

    Section 508 compliance is more prescriptive, offering clear technical guidelines for web accessibility. These standards focus on things like screen reader compatibility, color contrast, keyboard navigation, and other specific details.

    Enforcement

    ADA compliance can be enforced through private lawsuits, meaning that individuals with disabilities or advocacy groups can take legal action if a website is not accessible. This has led to a number of high-profile lawsuits in recent years, where businesses were sued for failing to make their websites accessible.

    Section 508 compliance is enforced primarily through audits and inspections conducted by the federal government. If a government agency or contractor is found to be non-compliant, they could lose funding and contracts or be excluded from future government work.

    Similarities Between ADA and Section 508 Compliance

    Even though there are some important differences, both ADA compliance and Section 508 compliance share several key similarities:

    The Goal of Accessibility

    Both ADA and Section 508 aim to make the digital world more accessible to people with disabilities. This means ensuring that websites, online services, and content are usable by people who have visual, auditory, cognitive, or motor impairments.

    Use of WCAG Guidelines

    Both ADA and Section 508 compliance often refer to WCAG as a standard for making websites accessible. While Section 508 has its own set of technical requirements, these overlap with many of the WCAG principles. So, if you’re working on a website, it’s helpful to familiarize yourself with WCAG standards, whether you are concerned with ADA or Section 508 compliance.

    Testing for Accessibility

    Both ADA and Section 508 compliance require you to test your website for accessibility. This can include using screen readers, testing keyboard navigation, checking for proper color contrast, and making sure your site works with assistive technologies like voice recognition software.

    Practical Tips for Testing Your Website for Accessibility

    Whether you’re aiming to meet ADA or Section 508 compliance, here are some practical steps you can take to test and improve the accessibility of your website:

    Use Automated Tools

    There are a number of tools that can help you check for accessibility issues, like WAVE or Lighthouse. These tools scan your site for common accessibility issues like missing alt text for images, poor color contrast, and improper heading structure. While automated tools are helpful, they shouldn’t be your only testing method.

    Manual Testing

    Automated tools can catch some issues, but manual testing is also essential. This might include navigating your site with a keyboard (without using a mouse) or testing your site with a screen reader like NVDA or VoiceOver to see how it works for visually impaired users.

    Get Feedback from Users

    If possible, have people with disabilities test your site. Getting feedback from real users is one of the best ways to identify issues you might not have thought of. You can reach out to local accessibility organizations or use user testing platforms to gather feedback.

    Review Your Content

    Make sure your website’s content is accessible, too. This means providing text alternatives for images, videos with captions, or transcripts and using simple, easy-to-read language.

    Which Should You Focus On?

    Understanding the distinctions between ADA and Section 508 compliance is critical for creating an inclusive, accessible website that meets legal standards. If you’re a business owner, ADA compliance should be your primary concern. Federal contractors and agencies, on the other hand, must adhere to Section 508 requirements.

    The good news? Improving accessibility benefits everyone—not just your users, but your organization too.

    Navigating these regulations can feel daunting, but you don’t have to go it alone. At 216digital, we specialize in tailored accessibility solutions to help you meet both ADA and Section 508 standards. From comprehensive audits to ongoing monitoring, we’re here to guide you every step of the way.

    Ready to make your website accessible to everyone? Schedule an ADA briefing with 216digital and take the first step toward compliance and inclusivity.

    Greg McNeil

    November 19, 2024
    Legal Compliance
    Accessibility, ADA, ADA Compliance, Section 508, Web Accessibility

  • What Retailers Can Expect if They Aren’t Accessible

    In today’s digital marketplace, overlooking the accessibility of your website isn’t just a technical oversight—it’s a legal and financial pitfall that could jeopardize your entire business. As consumers increasingly flock to online shopping, retailers have a critical responsibility to ensure their websites are accessible to everyone, including people with disabilities. Failing to meet ADA compliance requirements isn’t just non-compliance; it’s an open invitation to lawsuits, hefty fines, and damaging publicity. The clock is ticking, and the stakes have never been higher. Is your business prepared to face the consequences of an inaccessible website?

    Understanding ADA Compliance and Accessibility Laws

    The Americans with Disabilities Act (ADA) was passed in 1990 to ensure that individuals with disabilities have equal access to public spaces. While the law was initially focused on physical spaces, such as stores and offices, the scope has expanded with the rise of the Internet. Today, many courts interpret the ADA as applying to websites, meaning retailers’ websites must be accessible to people with disabilities, including those who are blind, deaf, or have other impairments.

    ADA Guidelines for Web Accessibility

    Under ADA guidelines, businesses must make reasonable accommodations for disabled individuals by ensuring that their websites are usable by people who rely on screen readers, text-to-speech software, and other assistive technologies. If your website doesn’t meet these requirements, you might find yourself at risk for a lawsuit.

    What Are the Legal Risks for Retailers?

    If your website isn’t accessible, your business could be exposed to legal action. Retailers face the possibility of demand letters from law firms representing plaintiffs with disabilities. These letters often demand that companies make changes to their websites and may include a settlement request to avoid a lawsuit. A formal lawsuit could follow if these demands are ignored or if the retailer refuses to comply with ADA compliance.

    Common Accessibility Issues in Lawsuits

    • Images without Alt Text: Alt text describes the content of an image for screen readers. Missing alt text excludes visually impaired users from critical information.
    • Unlabelled Form Fields: Forms need clear labels and instructions for accessibility. Missing labels can lead to frustration and abandoned purchases.
    • Unclear or Missing Headings: Headings help organize content, making it easier for visually impaired users to navigate.
    • Non-Keyboard Accessible Navigation: Some users rely on keyboard shortcuts instead of a mouse. Websites not designed for keyboard navigation can exclude these users.

    The Cost of Non-Compliance

    So, what happens when a retailer faces a lawsuit or demand letter for not meeting ADA compliance?

    Legal Costs

    Defending against a lawsuit can be expensive, even if you ultimately win. The average cost of defending a web accessibility lawsuit can run tens of thousands of dollars. This does not include legal fees for settlements or necessary website updates.

    Settlements

    Many retailers choose to settle lawsuits rather than risk the expense and uncertainty of court. Settlement amounts can vary but often reach six figures. Additionally, companies must typically commit to updating their website for compliance, further adding to costs.

    Fines

    While the ADA itself doesn’t specify fines, related laws, like the Rehabilitation Act, require federal agencies to ensure accessibility. Violations can lead to significant fines, especially for businesses that accept federal funds or contracts.

    Damage to Brand Reputation

    Beyond legal costs, lawsuits over website accessibility can damage a brand’s reputation. A public lawsuit can erode consumer trust, lead to negative media coverage, and even cause loyal customers to lose faith in the inclusivity of your business.

    Loss of Customers and Sales

    The financial impact doesn’t stop with legal costs. Inaccessible websites exclude millions of potential customers, especially those with visual impairments. Poor user experiences can lead to lost sales and customer frustration.

    Big Brands, Bigger Penalties

    Web accessibility is no longer a theoretical risk—it’s a pressing reality affecting retailers across industries. In recent years, well-known brands have faced significant legal challenges for not meeting ADA compliance standards, underscoring the tangible consequences of non-compliance. Notable cases include:

    Target Corporation Settlement

    In a landmark 2006 case, the National Federation of the Blind (NFB) sued Target Corporation, arguing that its website’s inaccessibility violated the ADA, barring blind users from equal access to online services. This case culminated in a $6 million settlement in 2008, with Target committing to WCAG 2.0 standards. The settlement set a powerful precedent, establishing that websites are indeed extensions of physical stores and must comply with ADA standards.

    Beyoncé’s Parkwood Entertainment

    In 2019, a lawsuit against Parkwood Entertainment—the company managing Beyoncé’s official website—brought celebrity and entertainment sites into the accessibility spotlight. The case highlighted key issues, like missing alt text and inaccessible navigation, underlining that ADA compliance requirements extend to all online sectors.

    Dick’s Sporting Goods

    In 2021, Dick’s Sporting Goods faced a lawsuit over a lack of accessible design elements, from missing alt text to insufficient screen reader support. This case reaffirmed that even leading retailers are vulnerable if they overlook essential accessibility features.

    A Surge in Accessibility Lawsuits and the E-Commerce Sector

    The growing number of lawsuits drives home the urgency for retailers to proactively address web accessibility. According to Useablenet in 2023 alone, more than 4,600 ADA-related website accessibility cases were filed, with 82% targeting the retail sector. As consumers increasingly rely on online shopping, accessibility becomes essential for retailers to stay competitive and inclusive.

    Why E-Commerce Faces Elevated Legal Risks

    Retailers with online sales channels, particularly in e-commerce, face intensified scrutiny as customers with disabilities encounter persistent barriers to shopping online. According to the U.S. Center of Disease Control, 7.6 million Americans with visual impairments struggle with inaccessible websites, translating to missed revenue opportunities. By not prioritizing accessibility, e-commerce retailers risk losing out on an estimated $7 trillion in annual spending from the global disability market.

    The message is clear: the cost of non-compliance is high, and accessibility lawsuits are on the rise. For retailers, these cases underscore the importance of making accessibility a strategic priority to safeguard brand reputation and revenue alike.

    How to Avoid the Legal Pitfalls

    If you’re a retailer, the best way to avoid legal issues is to proactively make your website accessible. Here’s how to get started:

    Conduct an Accessibility Audit

    Use accessibility tools or hire an expert to evaluate your website. Many free and paid tools are available to help identify common accessibility issues.

    Follow WCAG Guidelines

    The Web Content Accessibility Guidelines (WCAG) set the standard for web accessibility, covering elements like text readability, video captioning, and more.

    Train Your Team

    Ensure that your website’s content managers are trained in accessibility best practices, helping you avoid common errors and keep your site compliant with updates.

    Stay Informed

    Accessibility laws and best practices are evolving, so it’s essential to stay updated on the latest requirements and trends.

    Secure Your Website’s Future

    ADA compliance isn’t just a legal obligation—it’s an opportunity to make your website more inclusive and accessible to a wider audience. Retailers who fail to make their websites accessible face serious legal risks, including lawsuits, legal fees, and damage to their brand’s reputation. On the flip side, ensuring your website is accessible to all users can boost customer trust, loyalty, and, ultimately, sales. By taking the necessary steps to make your website compliant with ADA standards, you protect your business and demonstrate your commitment to inclusivity.

    So, take action today to ensure your website is accessible. Your customers—and your bottom line—will thank you!

    For personalized guidance on making your website ADA compliant, reach out to 216digital for an ADA briefing. Our experts are here to help you navigate the complexities of web accessibility and secure your business against potential legal risks.

    Greg McNeil

    November 11, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ecommerce website, Retail, Web Accessibility

  • Are ADA Lawsuits Truly Addressing Web Accessibility Concerns or Financial Motives?

    The Americans with Disabilities Act (ADA) was enacted in 1990 to prohibit discrimination and ensure equal opportunities for people with disabilities, promoting accessibility in physical spaces, employment, transportation, and communication. Its core intent was, and still is, to remove barriers, offering individuals with disabilities equitable access to spaces, services, and information. Yet, as technology evolved, so did the legal landscape. 

    Today, ADA lawsuits increasingly target digital spaces, focusing on web accessibility. However, many argue that many of these cases may be financially motivated rather than genuinely aimed at improving user accessibility.

    This article will explore whether ADA lawsuits in the digital realm truly address accessibility concerns or have become vehicles for profit, disproportionately affecting small businesses and often failing to create meaningful accessibility changes.

    ADA’s Original Purpose: Accessibility for All

    Digital spaces were in their infancy when the ADA was introduced, and web accessibility wasn’t yet a primary focus. Over time, however, the need for digital accessibility became apparent as websites and apps became essential tools for daily life. The ADA’s promise of equal access naturally extended into these new spaces, with courts ruling that websites should be accessible to individuals with disabilities. In principle, these lawsuits aimed to push businesses toward compliance, making the digital world as accessible as the physical one.

    However, the sharp increase in web accessibility lawsuits has sparked debates. While some argue that these lawsuits hold businesses accountable, others claim they’ve strayed from the ADA’s purpose and are instead exploited for financial gain.

    The Surge in Web Accessibility Lawsuits: Financial Motives or Accessibility Goals?

    Data shows a dramatic increase in ADA-related digital accessibility lawsuits. According to a report from UsableNet, over 4,000 digital accessibility lawsuits were filed in 2023 alone, with the majority in industries like retail, food service, and e-commerce. Many of these lawsuits are part of what some legal experts call “drive-by” or “surf-by” suits, where plaintiffs—or law firms—quickly identify accessibility issues, sometimes without ever attempting to use the site.

    A well-known case involves Domino’s Pizza, which was sued by a visually impaired man who claimed the company’s website and mobile app were incompatible with his screen reader, making ordering food online impossible. In this instance, the lawsuit gained national attention, ultimately resulting in the Ninth Circuit Court ruling in favor of the plaintiff. While this case had an accessibility-focused outcome, it highlighted the complexities of web accessibility requirements under the ADA. Smaller businesses, however, often lack the resources to navigate lengthy litigation, and settlements can be a quicker option.

    High-Profile Examples and “Drive-By” Suits

    Certain plaintiffs and legal firms have been linked to hundreds, if not thousands, of ADA lawsuits. These “drive-by” or “surf-by” suits are often filed in large batches across multiple jurisdictions, targeting businesses with minor web accessibility issues. In these cases, it’s common for plaintiffs and attorneys to demand settlements without requiring that accessibility issues be addressed. This approach raises questions about the true intention behind these cases: Are they serving individuals with disabilities or simply a means to extract settlements?

    High-profile cases aside, small businesses bear the brunt of such lawsuits. For example, a local bakery or a small online retailer with limited technical knowledge and budget may unknowingly operate a website that needs to be fully ADA-compliant. When targeted by a lawsuit, they often find the cost of defending themselves too high, pushing them toward a settlement which rarely requires accessibility improvements.

    The Disproportionate Impact on Small Businesses

    Due to limited resources and awareness, small businesses are especially vulnerable to ADA lawsuits. Unlike large corporations, small business owners often lack dedicated legal or compliance departments, making it difficult for them to implement and maintain accessible websites. The financial strain can be significant; they face legal fees, potential settlements, and the cost of redesigning their websites for compliance.

    For many small businesses, even the threat of an ADA lawsuit is enough to cause financial stress. Paying legal fees and settlements can exhaust their budgets, sometimes leading to layoffs or even closures. While larger businesses may view these costs as part of risk management, small businesses face disproportionate consequences despite representing a smaller fraction of the digital marketplace.

    Are ADA Lawsuits Leading to Real Accessibility Improvements?

    With the increase in ADA lawsuits, one might assume that digital accessibility has improved dramatically. However, evidence suggests otherwise. Many cases settle out of court without requiring the business to make its website accessible. In these instances, settlements may address plaintiffs’ demands but leave broader accessibility issues unresolved.

    While larger companies might use settlements to improve accessibility, smaller businesses often struggle to implement changes even after legal action. Without clear guidelines from the ADA on web accessibility standards, businesses are left in a legal gray area, leading to inconsistent and often inadequate improvements. For meaningful change, legal actions would need to enforce accessibility upgrades as part of their resolutions. Unfortunately, in many cases, financial gain appears to take precedence over accessibility outcomes.

    How to Protect Yourself from Frivolous ADA Lawsuits

    Despite the challenges, businesses can proactively mitigate the risk of ADA lawsuits and ensure their websites are accessible. Here are several strategies:

    Conduct Regular Accessibility Audits

    Regularly assessing your website for accessibility compliance is essential. Automated tools and manual testing can help you catch and fix issues that may otherwise go unnoticed. While automated tools can identify many technical problems, manual testing is often necessary to ensure a website is accessible.

    Follow WCAG Guidelines

    The Web Content Accessibility Guidelines (WCAG) 2.1 are the global standard for web accessibility. While not legally binding under the ADA, adhering to these guidelines demonstrates a commitment to accessibility and can help businesses defend themselves against lawsuits.

    Partner with Accessibility Experts

    Hiring an external firm with expertise in web accessibility can provide invaluable insights and help you develop a compliance strategy. Accessibility experts like 216digital understand the nuances of ADA and WCAG compliance, making them well-equipped to help businesses avoid common pitfalls.

    Stay Informed on Legal Trends

    ADA compliance in the digital space is rapidly evolving, and staying informed on relevant lawsuits and rulings can help businesses understand potential risks. Engaging with industry groups or associations that focus on digital accessibility can also provide guidance and resources.

    Maintain Documentation and Accessibility Policies

    Documenting your efforts to comply with accessibility standards can help demonstrate a proactive approach. Maintaining a web accessibility policy and records of improvements can strengthen your defense if faced with a lawsuit.

    Moving Toward Meaningful Change in Web Accessibility

    For ADA lawsuits to truly serve their intended purpose, they need to result in real accessibility improvements rather than financial settlements alone. While some cases serve as important reminders for businesses to make their websites accessible, the prevalence of drive-by suits highlights the need for more explicit standards and legal reform. Small businesses, in particular, require more guidance and support to achieve compliance without facing financial ruin.

    A Call for a Balanced Approach

    In conclusion, ADA lawsuits can be a powerful tool for advancing web accessibility, but only if they prioritize access over profit. For meaningful progress, lawsuits should focus on enforcing change rather than leveraging settlements. By adopting proactive accessibility strategies, businesses can protect themselves from frivolous lawsuits and contribute to a more inclusive digital landscape for all users.

    By taking steps to prioritize accessibility, companies can reduce their exposure to ADA lawsuits and ensure that their websites are accessible to all users, fulfilling the original purpose of the ADA. For any organization, compliance is a legal obligation and an opportunity to create an inclusive and user-friendly digital experience.

    Ready to get started? Schedule a complimentary ADA strategy briefing with 216digital today. Let’s work together to protect your online business!

    Greg McNeil

    November 4, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Website Compliance, Web Accessibility, Website Accessibility

  • Why 100% ADA Compliance Isn’t Realistic

    If you own a website or create online content, it’s crucial to understand what ADA compliance truly entails. In today’s digital landscape, failing to address accessibility isn’t just a missed opportunity—it’s a potential liability. Despite promises from certain agencies claiming they can make your site “100% ADA-compliant,” the reality is more complex. Can any website truly meet full compliance in an ever-evolving digital world? Let’s take a closer look at what this means and why a one-size-fits-all solution may not be enough to protect you from legal risks or to provide a genuinely accessible experience.

    What is ADA Compliance?

    The Americans with Disabilities Act (ADA) was passed in 1990 to ensure that people with disabilities have equal rights and opportunities. While the ADA doesn’t specifically mention websites, it has been interpreted to apply to them, especially under Title II (which covers state and local governments) and Title III (which focuses on public accommodations like businesses).

    For websites, ADA compliance often means following the Web Content Accessibility Guidelines (WCAG). These guidelines help make online content more accessible to everyone, including those with visual, auditory, or other disabilities. The WCAG principles can be summed up as follows:

    • Perceivable: Information must be presented in a way that users can perceive, like providing text alternatives for images.
    • Operable: Users must be able to navigate and interact with the content using various devices and assistive technologies.
    • Understandable: Information and user interfaces should be clear and straightforward.
    • Robust: Content must be compatible with current and future user agents, including assistive technologies.

    Can a Website Be 100% ADA-Compliant?

    Now, here’s the tricky part: claiming that a website can be 100% ADA compliant is not only misleading but also unrealistic, and there is no legal definition. Why is that? Because the web is constantly changing. New technologies, design trends, and content updates can all affect how accessible a website is. Lastly, the Department of Justice has never set in stone what it means for a website to be legally compliant.

    Accessibility Standards vs. Ongoing Compliance

    Understanding the difference between achieving accessibility standards and maintaining compliance is crucial. You might partner with an agency that helps you meet specific accessibility goals today. However, if you don’t continue to monitor and update your website, you could risk falling out of compliance as your site evolves.

    For example, if you add new content or change your design, you need to ensure those changes also meet accessibility standards. This ongoing effort is what keeps your website welcoming and usable for all visitors.

    False Claims by Agencies

    Many agencies will promise they can make your website “fully ADA compliant.” They might use phrases like “one-time fix” or “permanent compliance.” While that sounds appealing, it’s often not realistic. Here’s why:

    1. One-Time Solutions: If an agency offers a quick, one-time fix, be cautious. Accessibility isn’t a set-it-and-forget-it situation. Websites need continuous updates and adjustments.
    2. Guaranteed Compliance: Some agencies might claim they can guarantee compliance. However, there is no set legal standard for web compliance. You might still face ADA lawsuits even after working with an agency.
    3. Frivolous ADA Lawsuits: It’s unfortunate, but there are frivolous ADA lawsuits out there. Some businesses are sued over accessibility issues that seem exaggerated. This highlights the importance of taking genuine steps toward accessibility rather than relying on empty promises.

    What to Look For in an Agency

    So, how do you find the right agency for web accessibility services? Here are some tips to help you choose wisely:

    1. Continuous Support: Look for agencies that offer ongoing support instead of just a one-time fix. This could include regular audits and updates based on user feedback.
    2. Transparency: A reputable agency should be clear about what they can and cannot guarantee. They should help you set realistic expectations for what compliance looks like.
    3. Education: The best agencies will not only assist you in making your website compliant but will also educate you on how to maintain accessibility in the long run. Knowledge is power!
    4. Customized Solutions: Every website is unique. An effective agency should be willing to tailor their approach to meet your specific needs and goals.

    Setting Realistic Expectations

    As a website owner, setting realistic expectations about what ADA compliance means for your site is crucial. Accessibility is a journey, not a destination. While you can take significant steps to improve your site’s accessibility, it’s essential to recognize that this is an ongoing commitment.

    Be wary of agencies that promise a quick fix or complete compliance. Instead, look for partners who understand the evolving nature of web content and can help you adapt over time.

    Secure Lasting Accessibility with 216digital

    The web is dynamic, and maintaining accessibility requires ongoing effort. Choosing an agency focused on continuous support and education equips you to create an inclusive online space for everyone

    At 216digital, we prioritize not only bringing your website into compliance but also educating you on how to maintain and enhance accessibility long after your project is complete. We’re committed to supporting you on this journey every step of the way.

    We encourage you to schedule an ADA briefing with us to learn how we can help you navigate the complexities of web accessibility. Together, we can ensure your website remains welcoming and usable for all visitors.

    Embrace the journey, and let’s make the web a better place for everyone!

    Greg McNeil

    November 1, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA Website Compliance

  • Is Your Website ADA-Compliant?

    Ever wonder if your website is truly welcoming to all visitors? It’s easy to think, “My site looks great. It works smoothly—why worry?” But here’s the catch: a good-looking, functional site isn’t always an accessible one. And if your website isn’t ADA compliant, you could be unintentionally shutting the door on a massive group of potential visitors and customers—people with disabilities.

    Let’s put it this way: imagine if a brick-and-mortar store had narrow, cluttered aisles or no ramps. Customers with mobility challenges would struggle to get in or move around. Now, think of your website as that store. If it isn’t built with accessibility in mind, visitors with disabilities may find it impossible to navigate, use, or even understand what you’re offering.

    So, is your website ADA-compliant? If you’re not sure or have never checked, this guide is for you. We’ll break down what ADA compliance means, why it matters, the standards to follow, and how you can ensure your site is welcoming to all. Ready to see if your online space meets the mark? Let’s dive in.

    Why ADA Compliance Matters

    Making sure your website is ADA-compliant isn’t just a box to check off—it’s a vital part of running a business that’s inclusive and future-proof. An accessible website means everyone, regardless of ability, can navigate, engage with, and enjoy your content. This approach not only helps build trust and loyalty but can also increase your audience and improve user satisfaction. And let’s not forget, it comes with important legal and business benefits.

    Legal Implications

    The Americans with Disabilities Act (ADA) requires that businesses—including their websites—be accessible to everyone. If your site isn’t ADA-compliant, you could be in for a rough ride. The number of ADA-related lawsuits has been rising fast. In 2023, for instance, over 4,500 web accessibility lawsuits were filed in the U.S., which was a 15% increase from the year before, according to UsableNet.

    Courts have been clear that digital spaces are covered by the ADA, even though it was created before the internet as we know it existed. And it’s not just big businesses being targeted—small and medium-sized businesses have also found themselves in legal hot water over inaccessible sites. Legal fees, settlements, and potential damage to your reputation can add up quickly, costing far more than making your website compliant in the first place. By focusing on accessibility, you’re not just protecting your business; you’re showing that inclusivity is a priority.

    Expanding Your Audience

    Making your site ADA-compliant isn’t just about sidestepping legal issues—it’s also about reaching more people.  The World Health Organization (WHO) reports that over 1 billion people globally live with some form of disability. In the U.S., the Centers for Disease Control and Prevention (CDC) says that 26% of adults have some kind of disability. This includes a wide range of challenges, from visual and hearing impairments to mobility and cognitive issues.

    Think about it: if your website is easier to use for people with disabilities, you’re opening your doors to a vast number of potential customers who might have otherwise struggled with your site. In fact, a study in the U.K. found that 71% of users with disabilities will leave a site that’s hard to use, and 82% of them are willing to spend more on a site that’s accessible. That’s a lot of potential revenue and customer loyalty that can be yours just by making your site more inclusive.

    Understanding Web Accessibility Standards

    To create an accessible website, it’s essential to understand key standards, particularly the Web Content Accessibility Guidelines (WCAG). These guidelines, developed by the World Wide Web Consortium (W3C), provide a roadmap for making web content more accessible to people with disabilities.

    Key Principles of WCAG

    The WCAG outlines four fundamental principles, often remembered by the acronym POUR:

    1. Perceivable: Information must be presented in ways that users can perceive. This means providing text alternatives for images, using captions for videos, and ensuring sufficient contrast between text and background colors.
    2. Operable: Users should be able to navigate the site using various methods. This includes keyboard navigation and the ability to pause or stop animations.
    3. Understandable: Content and navigation must be easy to understand. This includes using clear language, consistent navigation, and proper labeling of forms.
    4. Robust: Content should be compatible with various technologies, including assistive technologies like screen readers. This means writing clean, semantic HTML.

    By adhering to these principles, you’ll be well on your way to creating a more accessible website.

    Common Barriers to Web Accessibility

    Even with the best intentions, many websites still have barriers that prevent people with disabilities from accessing their content. Here are a few common issues:

    Images Without Alt Text

    Images can be a significant barrier if they don’t have descriptive alt text. Alt text is essential for users who rely on screen readers, as it provides context about the image.

    Poor Color Contrast

    If the contrast between your text and background is too low, it can be challenging for individuals with visual impairments to read your content. Aim for a contrast ratio of at least 4.5:1 for normal text.

    Inaccessible Forms

    Forms are often problematic. If they lack labels or instructions, users with disabilities may find it challenging to fill them out. Always ensure that forms are correctly labeled and provide clear instructions.

    Lack of Keyboard Navigation

    Many users with disabilities rely on keyboard navigation rather than a mouse. If your website doesn’t support this, it can create significant barriers.

    Testing Your Website for Accessibility

    Now that you understand the importance of ADA compliance and common barriers, how do you ensure your website is accessible? Here are some methods for testing your site:

    Manual Checks

    Begin with manual checks of your website. Go through your site using only the keyboard. Can you navigate easily? Test your forms to see if they’re usable without a mouse. This basic level of testing can reveal a lot about your site’s accessibility.

    Automated Tools

    Automated accessibility testing tools can help identify many common issues quickly. Here are a few popular options:

    • WAVE: This browser extension evaluates accessibility and highlights issues on your page.
    • Lighthouse: Built into Chrome’s developer tools, Lighthouse provides audits of various web aspects, including accessibility.

    While these tools are helpful, they don’t catch everything. They should be used in conjunction with manual checks to ensure a truly ADA-compliant website.

    User Testing with Assistive Technologies

    The best way to understand how ADA-compliant your site truly is is to test it with real users who have disabilities.

    • Screen Readers: Ask users to navigate your site using popular screen readers like JAWS or NVDA.
    • Keyboard Navigation: Observe how users interact with your site using only a keyboard.

    Getting feedback from users with disabilities will give you insights that automated tools might miss.

    Practical Steps to Improve Accessibility

    Once you’ve identified accessibility issues on your site, what should you do next? Here are some practical steps you can take:

    • Start with an Accessibility Audit: Before making any changes, conduct a comprehensive audit of your website. Use both automated tools and manual checks to identify barriers.
    • Prioritize Quick Wins: Addressing some accessibility issues can take time, but there are many “quick wins” you can tackle right away.
    • Implement Staff Training and Awareness: Accessibility is not just a one-person job. Ensure your content creators, developers, and designers are trained on best practices for maintaining and improving web accessibility.
    • Monitor Accessibility Consistently: Regular audits are essential, but ongoing monitoring ensures that new updates don’t introduce issues. Services like 216digital’s a11y.Radar can help by continuously checking for compliance and alerting you to new challenges.

    Conclusion

    Making sure your website is ADA-compliant is more than just checking a legal box—it’s about creating a space where everyone feels welcome. Prioritizing accessibility can open your business to a wider audience, boost user satisfaction, and even shield you from potential legal issues. But let’s be honest: navigating the ins and outs of accessibility can feel overwhelming.

    That’s where we come in. At 216digital, we’re here to make it simple. Schedule an ADA briefing with us to find out if your website is at risk and how we can help make it more inclusive. Don’t wait until there’s a problem; get ahead of it and show your commitment to accessibility today. Your future customers (and your peace of mind) will thank you!

    Greg McNeil

    October 30, 2024
    Legal Compliance
    Accessibility testing, ADA Compliance, ADA Lawsuit, WCAG, Web Accessibility
Previous Page
1 2 3 4 5 6 … 10
Next Page
216digital Scanning Tool

Audit Your Website for Free

Find Out if Your Website is WCAG & ADA Compliant













    216digital Logo

    Our team is full of expert professionals in Web Accessibility Remediation, eCommerce Design & Development, and Marketing – ready to help you reach your goals and thrive in a competitive marketplace. 

    216 Digital, Inc. BBB Business Review

    Get in Touch

    2208 E Enterprise Pkwy
    Twinsburg, OH 44087
    216.505.4400
    info@216digital.com

    Support

    Support Desk
    Acceptable Use Policy
    Accessibility Policy
    Privacy Policy

    Web Accessibility

    Settlement & Risk Mitigation
    WCAG 2.1/2.2 AA Compliance
    Monitoring Service by a11y.Radar

    Development & Marketing

    eCommerce Development
    PPC Marketing
    Professional SEO

    About

    About Us
    Contact

    Copyright 2024 216digital. All Rights Reserved.