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

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

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

    The Americans with Disabilities Act: An Overview

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

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

    The Risks of Non-Compliance

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

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

    Costly Settlements & Legal Fees

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

    Civil Penalties

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

    Harm to Brand Reputation

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

    Mandatory Remediation

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

    When Do You Need an ADA Lawyer?

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

    Receiving a Demand Letter or Lawsuit

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

    Navigating ADA Compliance Standards

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

    Reviewing Accessibility Policies and Practices

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

    What Is an ADA Lawyer?

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

    How is an ADA Lawyer Different from Your Current Attorney?

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

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

    What to Look for When Hiring an ADA Lawyer

    Proven Experience in ADA and Digital Accessibility Cases

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

    Deep Knowledge of WCAG and Accessibility Standards

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

    Strong Reputation and Reliable Referrals

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

    A Proactive, Compliance-First Approach

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

    Clear, Upfront Pricing

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

    Proactive Steps to Avoid Legal Issues

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

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

    Conclusion

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

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

    Start Your Journey Toward Accessibility Today

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

    Greg McNeil

    February 18, 2025
    Legal Compliance
    accessibility laws, ADA Compliance, ADA Lawsuit, ADA Lawyer, Web Accessibility
  • ADA-Compliance Fines: How Much Will You Pay?

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

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

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

    The Americans with Disabilities Act (ADA)

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

    Who Needs to Follow ADA-Compliance?

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

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

    ADA Compliance Fines and Penalties

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

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

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

    Fines for Non-Compliance

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

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

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

    Common ADA Violations

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

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

    Lawsuits and Legal Actions

    Government-Initiated ADA Lawsuits

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

    Private ADA Lawsuits

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

    Costs Beyond Fines

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

    Practical Tips to Stay ADA-Compliant

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

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

    Conclusion: Start Your ADA-Compliance Journey Now

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

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

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

    Greg McNeil

    February 17, 2025
    Legal Compliance
    accessibility laws, ADA Compliance, ADA Lawsuits, Web Accessibility
  • accessiBe’s AI Claims Fall Short—FTC Proposes $1M Fine

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

    FTC’s Allegations Against accessiBe

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

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

    Legal Challenges Faced by accessiBe

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

    Limitations of AI in Web Accessibility

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

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

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

    Best Practices for Achieving True Compliance

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

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

    Partnering with Experts for Comprehensive Accessibility Solutions

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

    Conclusion

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

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

    Greg McNeil

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