Legal Compliance Archives- Page 7 of 11/Category

Making Your Website Accessible Across All Devices
In today’s digital world, websites aren’t just accessed on desktops—they’re viewed on everything from smartphones to tablets. But with this variety of devices comes a significant challenge: ensuring your website works for everyone, no matter what screen they’re using. This is especially important for people with disabilities.

Web accessibility is about more than just following the rules. It’s about making sure everyone can navigate, interact with, and enjoy your site. If your website isn’t accessible, you’re not only missing out on a large audience but also putting your business at risk of legal trouble. And as devices become more diverse, testing your site across different screen sizes and input methods is crucial.

In this article, we’ll explore why web accessibility matters across different devices and share ways you can ensure your site is user-friendly and inclusive for everyone.

Why Web Accessibility Matters

Ensuring web accessibility is not just a best practice; it’s a vital responsibility. Web accessibility guarantees that people with disabilities can fully engage with digital content—whether that’s perceiving, understanding, navigating, or interacting with it. In the U.S., this is a legal requirement under the Americans with Disabilities Act (ADA). Failing to meet these standards doesn’t just alienate a significant portion of your potential audience; it can also expose businesses to serious legal risks.

But accessibility is about more than avoiding lawsuits. It’s about creating a digital experience that works for everyone, regardless of how they access your site. Users interact with websites across a wide range of devices—desktops, mobile phones, and tablets—each bringing its own set of accessibility challenges. Comprehensive, device-specific testing is essential to make sure that your website remains fully functional and inclusive, no matter how users access it.

Understanding Device-Specific Accessibility Challenges

Web Accessibility on Desktops

Desktops typically offer a full-sized screen and a mouse with a keyboard. While this setup may seem straightforward, it presents its challenges. Many users rely on keyboard navigation due to mobility impairments. If your site isn’t designed for keyboard users, navigating through forms, menus, and interactive elements can be frustrating.

Web Accessibility Challenges:
- Missing or improper use of semantic HTML.
- Lack of focus indicators for interactive elements.
- Insufficient contrast between the text and background colors.
Mobile Devices

Mobile devices are now a primary way people access the internet. However, small screens and touch interfaces create unique hurdles. For example, touch targets (like buttons) must be large enough for users with dexterity issues to tap accurately.

Accessibility Challenges:
- Inadequate touch target sizes.
- Poorly designed forms that are difficult to fill out on a small screen.
- Inconsistent navigation may confuse users who switch between mobile and desktop views.
Web Accessibility on Tablets

Tablets straddle the line between desktop and mobile devices, often combining features. Users may interact with tablets via touch or keyboard, making it vital for websites to accommodate both methods. Tablets can also be used in various orientations, which may affect layout and functionality.

Accessibility Challenges:
- Orientation changes that disrupt layout.
- Inconsistent behavior between touch and keyboard navigation.
- Complications with zoom functionality affect users with visual impairments.
Effective Testing Methods and Tools

Now that we’ve explored the challenges let’s discuss how to test for accessibility effectively across different devices. Testing for web accessibility is an ongoing process that requires attention to detail and a proactive approach.

1. Manual Testing for Web Accessibility

Manual testing involves using your website as a user would. This means navigating through your site using keyboard-only navigation and screen readers. Pay close attention to how easily you can access all content.

Tips for Manual Testing:
- Navigate your site using only the keyboard (Tab, Enter, Arrow keys).
- Test with various screen readers (like JAWS, NVDA, or VoiceOver).
- Attempt to use your site on different devices and in different orientations.
2. Automated Testing Tools

While automated tools can’t catch every issue, they can help identify many common accessibility problems. Tools like Lighthouse and WAVE can scan your website to ensure compliance with WCAG (Web Content Accessibility Guidelines) standards.

Recommended Tools:
- Lighthouse: Built into Chrome Developer Tools for performance and accessibility audits.
- WAVE: A visual feedback tool that shows you accessibility issues directly on your site.
3. User Testing for Web Accessibility

Involving real users in your testing process is invaluable. This approach can reveal issues that automated tools might miss. Consider creating a focus group that includes users with various disabilities to gather their feedback.

How to Conduct User Testing:
- Recruit participants with different abilities and device preferences.
- Observe them as they navigate your site.
- Collect qualitative feedback on their experience.
Final Thoughts

Making your website accessible to everyone is not just a legal requirement—it’s a crucial part of creating a welcoming online experience. With people accessing websites on various devices, understanding and addressing web accessibility challenges is essential.

To ensure your site meets these standards, consider scheduling an ADA briefing with the experts at 216digital. Our experts will guide you through the steps needed to ensure your website not only meets legal standards but also serves all users effectively. Let’s work together to create a web that’s accessible to everyone!
Greg McNeil

September 18, 2024

Legal Compliance

ADA Compliance, digital accessibility, responsive web design, User Experience, user testing, Web Accessibility
Are Web Accessibility Overlays Hurting Users?
When it comes to making websites accessible, many businesses turn to web accessibility overlays, believing they’re a simple and quick fix. These tools promise to enhance usability for people with disabilities by adding features like text size adjustments or color contrast options. However, beneath this shiny exterior lies a troubling reality. Far too often, overlays create more problems than they solve, leaving users frustrated and excluded.

Instead of providing real solutions, these overlays can break essential functions on a website, making it even harder for people to navigate. Imagine a visually impaired user trying to read a page only to find that the overlay has garbled the text or made buttons unclickable. This isn’t just a minor inconvenience; it’s a barrier that undermines the very purpose of accessibility. With countless users reporting negative experiences, the reliance on overlays is more than just misguided—it can be harmful.

In this article, we’ll explore why web accessibility overlays often fall short of their promises and what businesses can do to truly support all users. Let’s take a closer look at the pitfalls of these quick fixes and uncover the importance of genuine web accessibility.

What Are Web Accessibility Overlays?

Web accessibility overlays are tools or widgets that website owners can add to their sites to enhance accessibility. They typically involve inserting a small JavaScript code snippet into your site, which then adds a floating button or widget. When users interact with this button, they can adjust various aspects of the site’s appearance and functionality—like changing text size, altering color contrasts, or enabling screen reader compatibility.

The appeal of these overlays is their promise of quick, low-cost accessibility improvements. They offer an attractive option for businesses looking to make their sites more inclusive without undergoing a major redesign. However, while the intention behind these tools is good, the reality often falls far short.

Overlay’s Intended Purpose

The goal of web accessibility overlays is to make websites more accessible to people with disabilities. For instance:
- Visual Impairments: Users who have difficulty seeing might benefit from high-contrast modes or text enlargement.
- Motor Impairments: Customizable interface elements can help users navigate the site using alternative input methods.
- Cognitive Impairments: Simplified navigation and text-to-speech features can make content more understandable.
In theory, these overlays should help users interact with a website more effectively by allowing them to tailor the site to their needs.

The Reality: Why Overlays Often Fall Short

Despite their good intentions, web accessibility overlays often fail to deliver on their promises. Here’s a closer look at why:

Broken Functionality

Many users with disabilities find that these overlays break essential website functions. For example, after activating an overlay’s high-contrast mode, a screen reader might start reading out garbled or irrelevant text. Interactive elements like forms or buttons may become unusable or misaligned. This can make the website even less accessible than it was before the overlay was applied.

Limited Customization

While overlays offer some level of customization, they usually fall short of addressing all accessibility needs. For instance, they allow users to change text size but do nothing to improve keyboard navigation or fix structural issues. This limited scope can be frustrating for users who need more comprehensive adjustments to navigate the site effectively.

Disruptive Presence

The floating button or widget that overlays add can sometimes interfere with the user experience. For example, it might obscure important content or navigation options. Users who rely on screen readers or keyboard navigation may find the overlay itself to be a barrier rather than a help.

Overlay’s Provide a False Sense of Security

Relying on overlays can give website owners a misleading sense of security. Just because an overlay provides some accessibility features doesn’t mean your site is fully accessible. True accessibility involves more than just adding a few features—it requires thoughtful design and regular testing to ensure that all users can interact with your site effectively.

Common Issues with Overlays

To better understand the real-world impact, let’s explore some common issues faced by users with disabilities when dealing with web accessibility overlays:
1. Navigation Problems: Overlays often disrupt keyboard navigation. For users who rely on keyboards instead of mice, this can make it challenging to move through the site or interact with elements. Buttons and links might become unreachable or behave unpredictably.
2. Inconsistent Text Appearance: Overlays might change text size or color, but they often don’t adjust all text elements uniformly. This inconsistency can make reading difficult, especially for users with low vision who rely on specific text settings.
3. Broken Links and Forms: Features like forms and links can become broken or non-functional when an overlay is applied. This issue can prevent users from completing actions like submitting information or navigating through pages, leading to frustration and abandonment of the site.
4. Visual Overlaps: High-contrast modes or other visual changes introduced by overlays can sometimes cause elements to overlap or become misaligned. This can make content harder to read and interact with, defeating the purpose of the accessibility improvements.
Firsthand User Experiences

As highlighted in the New York Times article, For Blind Internet Users, the Fix Can Be Worse Than the Flaws, and echoed by accessibility advocates, overlays often complicate rather than simplify website navigation.

Patrick Perdue, a 38-year-old blind user from Queens, sums it up well: “I’ve not yet found a single one that makes my life better.” Many like him find themselves spending more time navigating around these overlays than actually using websites effectively.

Last year, over 862 advocates and developers urged organizations to reconsider their use of overlays, citing practical ineffectiveness and potential accessibility flaws in an open letter. Even the National Federation of the Blind has condemned these tools, describing them as inadequate solutions.

Brian Moore, a 55-year-old blind user from Toronto, raises a critical question: “If you can’t fix the basic issues, what value are you adding?”

Why Overlays Are Seen as a “Quick Fix”

Web accessibility overlays are often chosen as a quick fix because they appear to offer a fast, cost-effective solution. For businesses, especially those with limited budgets or technical resources, these tools seem like an easy way to address accessibility concerns without a full site overhaul.

However, this approach is problematic for several reasons:

Superficial Solutions

Overlays generally provide superficial solutions rather than addressing underlying accessibility issues. Real accessibility involves more than just adding features—it requires a deep understanding of diverse user needs and thoughtful site design.

Potential for Increased Barriers

As highlighted by user experiences, overlays can sometimes introduce new barriers or exacerbate existing ones. This can lead to increased frustration and exclusion for users who rely on accessibility features.

Legal and Ethical Concerns

Relying on overlays alone may not meet legal standards for accessibility under regulations like the Americans with Disabilities Act (ADA). A genuine commitment to accessibility involves more than just using tools—it requires ensuring that your site is fully accessible to all users.

The Path to Genuine Accessibility

So, what should you do instead of relying on overlays? Here are some steps to take:
1. Invest in Design: Start by designing your website with accessibility in mind. This includes using proper HTML semantics, ensuring good color contrast, and creating keyboard-friendly navigation.
2. Conduct Regular Testing: Test your site with real users who have disabilities to identify and address issues. This helps ensure that your site performs well in real-world scenarios.
3. Seek Professional Advice: Consider consulting with accessibility experts like 216digital, who can guide you through the process of making your site truly accessible. They can provide valuable insights and help you implement best practices.
4. Commit to Continuous Improvement: Accessibility is an ongoing process. Regularly review and update your site to address new challenges and improve the user experience.
Take the Next Step Towards Accessibility

If you’re serious about making your website accessible to everyone, don’t settle for quick fixes like overlays. Instead, invest in long-term solutions that truly improve the user experience for people with disabilities. At 216digital, we specialize in helping businesses achieve genuine web accessibility and stay compliant with ADA requirements.

To learn more about how you can make your site more inclusive and avoid the pitfalls of web overlays, schedule an ADA briefing with 216digital today. Our experts will guide you through the steps needed to ensure your website not only meets legal standards but also serves all users effectively. Let’s work together to create a web that’s accessible to everyone!
Kayla Laganiere

September 17, 2024

Legal Compliance

ADA Compliance, Overlay widgets, Overlays, screen overlays, Users experience, Widgets
Web Accessibility: The Legal Risks of Ignoring It
In recent years, web accessibility lawsuits have skyrocketed, jumping from around 2,285 cases in 2018 to over 4,605 in 2023.

Today, web accessibility isn’t just a matter of inclusivity—it’s a crucial legal requirement. Websites that fail to meet accessibility standards, including those set by the Americans with Disabilities Act (ADA), risk facing expensive fines and legal battles.

Regardless of whether you’re running a small business or managing a big company, implementing web accessibility isn’t optional—it’s crucial. We’ll explore the legal dangers of ignoring web accessibility, review recent cases, and provide guidance on how businesses can protect themselves by ensuring they comply with the ADA.

Why Web Accessibility Matters

Accessibility is not just a legal requirement—it’s a fundamental aspect of creating an inclusive digital world. For individuals with disabilities, web accessibility means the difference between being able to fully engage with a website or facing barriers that prevent them from accessing vital information, products, or services. This includes those who may be:
- Visually impaired (e.g., blind or low vision)
- Deaf or hard of hearing
- Individuals with mobility, cognitive, or neurological disabilities
For example, a visually impaired person relies on screen readers to navigate websites, while someone with a motor impairment might depend on keyboard navigation or voice commands. Without these adaptive measures, individuals with disabilities face exclusion from participating in the digital space, which can affect their ability to work, learn, shop, or connect socially.

Web Content Accessibility Guidelines (WCAG)

The World Wide Web Consortium (W3C) developed the Web Content Accessibility Guidelines (WCAG), which offer a set of standards to ensure that websites are accessible. The most commonly referenced standards are WCAG 2.1 Level A and AA, and they form the basis for many legal requirements, including those found in the ADA.

ADA and Web Accessibility

The ADA was initially drafted to apply to physical spaces, but courts have since interpreted it to include websites. When a website isn’t accessible, it can be viewed as discriminatory and may lead to the business violating Title III of the ADA, which prohibits discrimination against individuals with disabilities in public accommodations.

ADA Compliance and Legal Consequences

Failure to comply with web accessibility standards can lead to serious legal issues, particularly in ADA lawsuits. Many companies have faced litigation for not having accessible websites, which could lead to court-mandated accessibility updates, financial penalties, and legal fees.

ADA Lawsuits

If your website fails to meet web accessibility standards, you risk being sued. In 2023, federal and state courts saw 4,605 ADA-related digital lawsuits, and the trend continues to grow.Organizations of all sizes, from small businesses to Fortune 500 companies, are facing these lawsuits. Every year, thousands of businesses get sued because their websites are not accessible to people with disabilities, leading to costly legal fees and settlements.

Case Study: Robles v. Domino’s Pizza

For example, in 2016, Guillermo Robles sued Domino’s Pizza, arguing that the company violated Title III of the ADA because its website and mobile app were not accessible to screen readers. A district court initially dismissed the case, but Robles took it to the Ninth Circuit Court of Appeals, which disagreed with the earlier ruling. The court decided that the ADA did apply to websites and stated that Domino’s had “received fair notice” that its digital content needed to comply with the ADA. This case set a precedent for the applicability of the ADA to the digital space, reinforcing the legal obligations businesses have to ensure online accessibility.

In October 2019, the U.S. Supreme Court declined to review the Ninth Circuit’s decision. Later, in June 2021, a California federal court found that Domino’s was still in violation of both Title III of the ADA and California’s Unruh Act, as their website and mobile app remained inaccessible for ordering. As part of the settlement, Robles received $4,000 in statutory damages, and Domino’s was required to update its website to meet WCAG 2.0 guidelines.

These lawsuits often result in more than just legal fees. They can lead to significant financial penalties that can be just as damaging to a business’s bottom line.

Financial Penalties

Ignoring web accessibility can result in more than just lawsuits; businesses face hefty financial penalties that can disrupt their operations and tarnish their brand image. These penalties typically include settlement costs, attorney fees, and fines mandated by the courts. Moreover, non-compliant businesses often incur additional expenses for accessibility audits, website remediation, and ongoing maintenance to ensure compliance. The financial strain can be particularly overwhelming for small businesses, but even large corporations aren’t immune to the consequences.

Below are case studies that illustrate the severe financial penalties companies can face when ignoring web accessibility.

Case Study: Target Corporation Settlement

In 2008, Target Corporation faced a class-action lawsuit filed by the National Federation of the Blind (NFB).

The NFB claimed that Target’s website was not accessible to people who are visually impaired. Users with vision impairments couldn’t navigate the site or make purchases using screen readers. This was seen as a violation of the Americans with Disabilities Act (ADA), which protects people with disabilities from discrimination.

As part of the settlement, Target paid $6 million to those affected. This showed businesses that not following web accessibility rules could lead to big financial penalties. Target also had to update its website to make sure it worked with screen readers and other assistive technologies.

This case was a wake-up call for many companies, highlighting that failing to meet web accessibility standards can lead to expensive legal and business problems. It set a clear example that websites, like physical stores, must be accessible to everyone.

Case Study: Beyoncé’s Parkwood Entertainment

In 2019, a visually impaired person sued Beyoncé’s company, Parkwood Entertainment. The claim was that Beyonce.com was hard to use with screen readers. The lawsuit alleged the site lacked basic accessibility features. These included image descriptions and easy navigation for screen readers. This lack of accessibility went against the ADA. It also prevented people with disabilities from accessing Beyoncé’s products and services.

The settlement details are private. However, the case shows the risks of ignoring web accessibility, even for famous brands.

Mitigating Legal Risks: Proactive Steps for ADA Compliance

To avoid expensive legal issues and damage to your reputation from not following web accessibility rules, businesses should act proactively. Here are some key steps to help you meet accessibility standards and protect your organization from ADA lawsuits.
- Understand Web Accessibility Guidelines: WCAG provides rules to make web content more accessible. Learn about these guidelines to know what changes are needed. They cover things like making text easy to read, providing alternative text for images, and ensuring keyboard navigation is smooth.
- Conduct a Website Audit: Regularly check your website for accessibility problems. There are online tools that can help spot issues, such as missing alt text for images or color contrast problems. By leveraging the expertise of professionals like 216digital, you can ensure that every aspect of your website meets WCAG standards.
- Implement Ongoing Training: Train your team, especially those who manage and create content for your website, on web accessibility. This builds a culture of inclusivity and makes sure accessibility stays a priority.
- Stay Informed and Up-to-Date: Web accessibility standards and best practices can change over time. Keep up with any updates and make necessary changes to your website to stay compliant.
- Ongoing Monitoring: Compliance isn’t a one-time task. 216digital’s a11y.Radar service offers ongoing monitoring of your website or app to catch any new accessibility issues. This proactive approach helps prevent potential violations before they result in costly lawsuits.
Get Proactive about ADA Web Accessibility

Neglecting web accessibility can lead to serious legal troubles and hefty fines, especially with the rise in ADA lawsuits. Ensuring your website is accessible is crucial for protecting your business and avoiding potential risks.

To safeguard your business and ensure you’re meeting all accessibility standards, consider scheduling an ADA briefing with 216digital. We understand developing a strategy for ADA Website accessibility and liability can be a beast of a project. So, why let web accessibility hijack your development backlog?

We will help develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms. To learn more about how the ADA experts at 216digital can help build an ADA WCAG 2.1 compliance strategy on your terms, schedule an ADA Strategy Briefing.
Greg McNeil

September 12, 2024

Legal Compliance

ADA Lawsuits, digital accessibility, Web Accessibility, web accessibility lawsuits
Web Accessibility Overlays: Myths vs. Reality
You’ve just added a shiny new widget to your website, promising instant accessibility and compliance with laws like the Americans with Disabilities Act (ADA). Sounds too good to be true, right? That’s because it often is. Many companies market web accessibility overlays as the magic solution to all your accessibility problems. They promise that with just a quick install, your site will be fully compliant and accessible to everyone. It sounds like the easiest fix in the world—but is it really?

The truth is, while these overlays might seem like a simple answer, they don’t solve everything. From complex guidelines to ongoing legal risks, relying on an overlay alone can give you a false sense of security. In this article, we’ll dive into the real story behind these widgets and explore why genuine web accessibility requires more than just a quick fix. So, buckle up and let’s uncover the truth about web accessibility overlays and what it really takes to make your site inclusive for all users.

Myth #1: Web Accessibility Overlays Fully Automate Web Accessibility Compliance

One of the biggest misconceptions about web accessibility widgets is that they can fully automate compliance with web accessibility standards. Many companies selling these overlays promise that adding their widget to a site will instantly make it accessible and compliant with laws like the ADA or the Web Content Accessibility Guidelines (WCAG). This sounds great, right? A simple piece of code can fix all your accessibility problems in a matter of minutes!

The Truth: Overlays Can’t Fix Everything

Here’s the thing: overlays can’t fix everything. While they may assist with some accessibility needs—like text resizing or color contrast—they fall short of addressing complex issues that require thoughtful design and coding. Real accessibility involves:

Complexity of WCAG Standards

The WCAG guidelines cover a wide range of disabilities—visual, auditory, motor, and cognitive. Meeting these standards often requires more than what widgets can provide. For example, overlays might not solve issues such as:
- Navigation menus that aren’t keyboard-friendly
- Popups or modals that don’t properly capture focus
- Logical tab order problems
- Incorrectly labeled images, buttons, or form fields
- Buttons made with non-interactive HTML tags
While most of these issues are not visible to all users, these issues are significant barriers for users with disabilities. This means that while overlays might help with some parts of compliance, they can’t cover everything.

Surface-Level Changes

Many overlays offer features like enlarging text or adjusting color contrast. While these can be helpful, they only address surface-level issues. True compliance involves deeper changes to the website’s code and design—something they can’t provide.

Dynamic Content Challenges

Overlays may struggle with dynamic content like live updates or interactive features. These parts of a website that change often might not work well with overlays, leading to potential accessibility problems.

Myth #2: Overlays Are a One-Size-Fits-All Solution

Some believe that widgets are a one-size-fits-all solution for every website. The idea is that once you add an overlay, it will work for every visitor, no matter their needs. Marketing claims often suggest that they can solve accessibility issues for all types of disabilities.

The Truth: Overlays Aren’t Universal Fixes

Every website is unique, and so are its users’ needs. Here’s why overlays often fall short:

Different Needs for Different Sites

Websites come in various forms, from simple blogs to complex e-commerce sites. An overlay might offer basic features, but it might not be suitable for every site. For example, a shopping site with complex navigation might need specific accessibility adjustments that an overlay can’t provide.

Incompatibility Issues

Overlays can sometimes interfere with a site’s existing design or functions, especially for custom-built websites or those with complex interactive elements. Instead of helping, the overlay might cause problems or make the site less accessible.

User Preferences

Different users have different needs. While overlays might offer some customization options, like changing font size or color contrast, they can’t cater to all specific needs. For example, someone with a motor disability might need easy keyboard navigation, while someone with a cognitive disability might need simpler content. Overlays often lack the flexibility to address all these diverse needs.

Myth #3: Overlays Improve Accessibility for All Users

It’s easy to believe that if you add an overlay, you’ve made your website more accessible for everyone. This myth is particularly damaging because it can lead to a false sense of security. Site owners might think they’ve done enough and may not feel the need to make further efforts toward accessibility.

The Truth: Overlays Can Create Barriers

Overlays can actually create new barriers for some users. For example, screen readers—used by people who are blind or have low vision—might conflict with overlays, causing confusion or glitches. In some cases, users have reported that they make websites even harder to navigate. So, while widgets might help some users in certain situations, they can also cause new challenges for others.

Myth#4: Overlays Are a Substitute for Genuine Accessibility Practices

There’s a belief that adding an overlay is all you need to do for accessibility compliance. Some think this means they can skip the hard work of manual audits, coding standards, and user testing. After all, if the overlay claims to handle accessibility, why bother with anything else? But that’s far from the truth. Genuine accessibility takes more than just a quick fix.

The Truth: Real Accessibility Requires Real Effort

True web accessibility means creating an inclusive experience for everyone, which involves more than just using an overlay. Here’s why:

Genuine Accessibility Takes Effort

Accessibility involves a mix of automated tools and human effort. Overlays might be part of an accessibility strategy, but they aren’t a replacement for manual audits and user testing. Human testers, especially those with disabilities, can provide insights that automated tools can’t. Real accessibility requires following coding standards, testing with real users, and regularly updating the site based on feedback. It’s a continuous process, not a one-time fix.

Myth #5: Web Accessibility Overlays Decrease Legal Liability

There’s a common myth floating around that adding a web accessibility overlay to your website will reduce your legal liability for not meeting accessibility standards. The idea is that if you just slap on an overlay, you’re covered, and you won’t have to worry about being sued for accessibility issues. Sounds tempting, right? Especially if you’re looking for a quick fix to avoid legal trouble.

The Truth: Overlays Don’t Eliminate Legal Risks

Here’s the reality: using an overlay doesn’t guarantee you’re legally safe. While overlays might help with some features, they don’t always meet legal requirements or ensure full compliance with laws like the ADA.

Incomplete Compliance

Overlays might improve some aspects, but they often miss key parts of accessibility, like keyboard navigation or dynamic content. If your site doesn’t fully meet accessibility standards, it can still be considered non-compliant. Legal requirements ensure all users, including those with disabilities, can access and use your website properly.

Ongoing Legal Risk

There were 933 lawsuits last year against websites using these so-called “accessibility solutions,” and the number is growing. This year, we’re on track for over 1,100 lawsuits against sites with these ineffective widgets. In the first half of 2024 alone, 503 lawsuits targeted sites with active widgets, making up 20% of all accessibility-related lawsuits this year.

Overlays in Settlement Agreements

Recently, many settlement agreements have made it clear that using overlay solutions like AudioEye, AccessiBe, and Accessibility Spark doesn’t meet compliance standards. This shows the need for strong accessibility measures integrated into your site’s design.

Overlays Can Make You a Target

Businesses using overlays are facing a rise in copycat lawsuits. Lawyers target companies with third-party widgets, knowing these tools often fall short. Tools like BuiltWith can show which websites use specific tools, making it easy to target sites with these solutions.

Why Genuine Accessibility Practices Matter

Web accessibility is about more than just meeting legal requirements—it’s about making your site usable for everyone. Genuine accessibility practices, like following WCAG guidelines, conducting manual audits, and testing with real users, ensure your site is accessible to people with various disabilities. This not only helps avoid legal problems but also improves your website for all users.

To truly reduce legal risk and provide a better experience for all users:
- Adopt Comprehensive Accessibility Standards: Follow guidelines like WCAG to meet all user needs through thoughtful design and development.
- Conduct Regular Audits and Testing: Perform manual audits and usability testing with real users, especially those with disabilities, to find and fix issues that overlays might miss.
- Continuous Improvement: Regularly update your site and re-evaluate your accessibility practices to keep up with new standards and user needs.
Final Thoughts

While web accessibility overlays might seem like a quick and easy fix for making your website compliant with the ADA, they’re far from a complete solution. Overlays often fall short in addressing complex accessibility issues, and relying solely on them can lead to incomplete compliance and even create new barriers for users. Genuine web accessibility requires a thoughtful approach that includes adhering to comprehensive standards like WCAG, conducting manual audits, and testing with real users.

If you’re serious about making your website truly accessible and reducing legal risks, consider scheduling an ADA briefing with 216digital. Our experts can help you understand the full scope of accessibility requirements and develop a strategy that goes beyond quick fixes. With our guidance, you’ll ensure your site meets all necessary standards and provides an inclusive experience for everyone. Don’t leave your website’s accessibility to chance—contact 216digital today to get started on a path to genuine compliance and better user experience.
Greg McNeil

September 9, 2024

Legal Compliance

digital accessibility, Overlay, Overlay widgets, Web Accessibility
The Legal Pitfalls of Web Accessibility Overlays
Web accessibility overlays have been popping up everywhere, promising to make websites accessible with just a quick fix. These tools, often marketed as a simple solution, claim to solve accessibility issues with just a few clicks. But are they really the answer? Unfortunately, relying on an overlay might not be the quick fix it seems. Instead, it could lead to even more problems down the road, including legal trouble. Let’s take a closer look at what overlays are and the risks involved depending on them.

What Are Web Accessibility Overlays?

First, let’s break down what web accessibility overlays actually are. Overlays are tools that use a snippet of JavaScript to change a website’s code. They often come in the form of toolbars, plugins, apps, or widgets. These overlays claim to detect and fix accessibility problems on a website automatically. However, they don’t actually fix the website’s original source code. Instead, they identify basic accessibility issues, like color contrast and text size, and make adjustments. While these features are important for accessibility, the real issue is how overlays are used and depended upon.

The Legal Landscape: Recent Lawsuits and Challenges

Now that you know what overlays are and what they aim to do, let’s dive into the legal implications surrounding their use. In recent years, web accessibility overlays have faced growing scrutiny in U.S. courts. You might have heard about the recent class action lawsuit against accessiBe—one of the most popular accessibility widget providers. If you haven’t, this could be a game-changer for you.

Case Study: Tribeca Skin Care vs. accessiBe

On June 24, 2024, Tribeca Skin Care, a small dermatology practice in New York City, filed a class action lawsuit against accessiBe. Even though Tribeca used accessiBe’s overlay, a blind person still sued the practice, claiming their website didn’t meet ADA requirements. This case clearly shows the serious risks of relying solely on these tools for web accessibility.

Problems and Risks with Overlays

So, what’s the problem? Overlays like accessiBe promise to fix accessibility issues with just a few lines of code. But in reality, they can sometimes create new barriers instead of removing them. As we look at more legal cases, it becomes evident that courts are increasingly siding with plaintiffs who argue that these overlays aren’t a real substitute for having accessibility built directly into a website’s code. By mid-2024, over 20% of web accessibility lawsuits were filed against companies using these widgets. This raises a big question: Can overlay vendors really deliver the protection from lawsuits or the ADA compliance they promise?

Copycat Lawsuits: A Growing Threat

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 full list of websites using a specific tool—like AccessiBe or another accessibility overlay.

Exploitation of Overlay Data

What are the chances that these serial lawsuit-filing firms are using data like this to find new targets? Especially when they see success in filing lawsuits or sending demand letters against websites using overlays.

The legal argument is straightforward: if an overlay doesn’t fully meet accessibility standards, then the website is still not compliant with the Americans with Disabilities Act (ADA) and other regulations. As a result, businesses that thought they were protecting themselves with an overlay end up in court, dealing with expensive settlements and damage to their reputation.

Why Overlays Aren’t a Solution

So, why are overlays so problematic? The answer lies in their limitations. Overlays are designed to be a one-size-fits-all solution, but accessibility needs are diverse and complex. No single tool can address every issue, especially when it comes to accommodating users with different types of disabilities. For instance, while an overlay might help someone with mild visual impairments by adjusting contrast, it can’t add quality alt-text to images, or ensure that you’re using descriptive link text, for example.

Additionally, overlays are often implemented as a quick fix rather than a comprehensive solution. This can lead to a false sense of security, where businesses believe they are fully compliant with accessibility laws when, in reality, they are not. This false confidence can backfire when a lawsuit reveals the shortcomings of the overlay, leading to financial and legal repercussions.

What Can Business Owners Do Instead?

Given the risks associated with overlays, what should business owners do instead to ensure their websites are accessible? The answer lies in taking a proactive and comprehensive approach to web accessibility. Here are some steps to consider:
1. 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.
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.
Overlays Are Not a Shortcut

Web accessibility overlays might appear to be a quick solution, but they come with significant legal risks. Recent lawsuits have demonstrated that these tools often fall short of meeting the required standards, leaving businesses exposed to potential legal issues. Instead of opting for an overlay, invest in a comprehensive approach to web accessibility. By integrating accessibility from the ground up, you can avoid the pitfalls of overlays and ensure that your site is genuinely welcoming and usable for all visitors.

True accessibility is about more than just sidestepping legal troubles—it’s about creating a web experience that everyone can use and enjoy. Don’t settle for a temporary fix. Invest in building a fully accessible website that serves all users effectively.

Team Up with 216digital

Ready to take the next step? Whether you want to protect against a frivolous ADA accessibility lawsuit or become WCAG 2.1 AA compliant, 216digital has you covered. Our team of accessibility experts can also develop strategies to integrate WCAG 2.1 compliance into your development roadmap on your terms.

Don’t wait for a lawsuit to push you into action. Schedule a complimentary ADA strategy briefing with 216digital to take the first step toward website accessibility.
Greg McNeil

September 3, 2024

Legal Compliance

ADA Compliance, digital accessibility, Overlay, Overlay widgets, Web Accessibility
Understanding HB 21-1110: Colorado’s Web Accessibility Law
Colorado has always been a leader in creating inclusive policies, and it was one of the first states to make web accessibility a law.

On July 1, 2021, House Bill 21-1110 was passed, outlining clear steps for state agencies and other organizations to ensure their websites and communication platforms are accessible to everyone.

So, what does this mean for you? How can you tell if this law affects you? And what does it mean to meet WCAG 2.1 at Level AA?

Understanding these questions is important—not just because it’s a legal requirement, but also to make sure everyone, including people with disabilities, can access digital content. This guide will explain everything you need to know about complying with HB 21-1110 and making your digital content accessible.

What is House Bill 21-1110?

House Bill 21-1110 is a major law in Colorado that requires all state and local government websites to follow digital accessibility standards. Signed by Governor Jared Polis on June 30, 2021, this bill builds on the Americans with Disabilities Act (ADA) and gives the Chief Information Officer (CIO) of the Office of Information Technology (OIT) a key role in making sure these standards are met.

One of the biggest changes with this bill is that people can now file accessibility lawsuits not only in federal courts but also in state courts. This means more opportunities to challenge government websites that aren’t meeting accessibility standards.

The Deadline for Compliance

House Bill 21-1110 set a deadline of July 1, 2024, for all state and local government websites in Colorado to meet WCAG 2.1 Level AA standards for digital accessibility. The CIO is responsible for creating guidelines based on the latest Web Content Accessibility Guidelines (WCAG).

If government agencies don’t meet these standards by the deadline, they could face legal action from individuals with disabilities who can now file suits directly in Colorado state courts. This bill impacts over 4,000 local government entities in Colorado, pushing them to make web accessibility a priority.

Extension Grant Introduced in May 2024

In May 2024, Colorado introduced an extension for some government entities that might not meet the July deadline. These agencies could extend their compliance deadline until July 2025, but they had to show a good-faith effort toward meeting digital accessibility standards by July 19, 2024. This includes:
- Creating a detailed progress report on their websites and updating it quarterly.
- Providing an easy-to-find way for visitors to report accessibility issues, with clear contact information on public-facing pages.
Who Does HB 21-1110 Apply To?

HB 21-1110 applies to all state and local government entities in Colorado, including:
- State agencies
- Local governments (cities and counties)
- Content owners managing government websites
Any public entity providing digital services or information must comply, ensuring that people with disabilities can access government resources.

What About Non-Government Entities?

Currently, HB 21-1110 only applies to government websites. However, if you run a private business, you may still need to follow the ADA. Many U.S. courts apply the ADA to websites and use WCAG as the standard for web accessibility. It’s a good idea to make sure your site is accessible.

How Can You Know if Your Website is Compliant with HB 21-1110?

To comply with HB 21-1110, websites need to be audited for digital accessibility. This means checking the site’s content, structure, and design against WCAG 2.1 Level AA standards. While automated tools can help, it’s best to work with digital accessibility experts who can catch issues automated tools might miss, like keyboard navigation or color contrast problems.

After the audit, you’ll need to make updates, such as adding alt text to images, captioning videos, improving content structure, and enhancing form navigation.

Steps to Ensure HB 21-1110 Compliance

Here’s a simple guide to help you comply with House Bill 21-1110:
1. Conduct a Website Audit: Check your site against WCAG 2.1 Level AA standards, focusing on readability, navigation, and multimedia accessibility. Consulting with a specialist firm like 216digital to conduct a thorough audit can also be a wise investment.
2. Develop a Remediation Plan: Create a plan based on your audit to address the most pressing accessibility issues.
3. Make Necessary Updates: Work with a web development team or hire accessibility experts to implement fixes like adding alt text or improving keyboard navigation.
4. Test for Compliance: After updates, test your site again to ensure it meets the standards. It’s also helpful to get feedback from users with disabilities.
5. Monitor Accessibility Regularly: Keep auditing your site as you add new content or make changes to ensure continued compliance. 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.
6. Train Your Staff: Ensure your team understands how to create accessible content, such as writing proper alt text and making PDFs accessible.
What Are the Consequences of Non-Compliance?

If a government entity doesn’t meet the OIT’s digital accessibility standards, it could face:
- Court orders
- Monetary damages
- Fines of $3,500 per violation
- Loss of funding
- Public backlash
To avoid these penalties, it’s crucial to take action now. If you haven’t started working toward compliance, now is the time to focus on digital accessibility.

Conclusion

While House Bill 21-1110 currently applies only to state and local governments, private businesses should be proactive about preparing for future changes in digital accessibility requirements. If your business falls under Title III, now is a great time to schedule an ADA briefing with 216digital. Staying ahead of digital accessibility standards will help protect your business and ensure your website is accessible to all. Don’t wait Don’the laws to catch up—start planning today!
Kayla Laganiere

August 29, 2024

Legal Compliance

digital accessibility, HB 21-1110, House Bill 21-1110, Web Accessibility
Senators Push for Section 508 Update
In recent news, U.S. senators have advocated for an update to Section 508, a vital law ensuring federal websites and digital resources are accessible to all individuals, particularly those with disabilities. But why does this matter to you as a website owner, developer, or content creator? Let’s break down what Section 508 is, why web ADA compliance matters, and how an update could reshape the digital accessibility landscape.

What is Section 508?

Section 508, part of the Rehabilitation Act of 1973, is a law focused on barriers for people with disabilities. In 1998, when the internet became crucial in everyday life, Section 508 was updated to require federal government entities to make their digital services accessible to people with disabilities. Section 508 guides everything from websites and apps to PDFs and videos.

At its core, Section 508 ensures that government websites and digital content are navigable and usable for individuals with disabilities. Some examples of accessibility improvements are implementing features like screen readers for visually impaired users, captioning for those with hearing impairments, or ensuring that people with motor disabilities can navigate websites using only a keyboard.

Check out our article “A Closer Look at Section 508” for more info on Section 508.

What is Web ADA Compliance?

While Section 508 applies specifically to federal agencies, it overlaps with the Americans with Disabilities Act (ADA), particularly when it comes to website accessibility. The ADA, enacted in 1990, requires public accommodations (including businesses and organizations) to be accessible to people with disabilities. Although the ADA doesn’t mention websites, courts have increasingly interpreted its provisions to apply to the digital world.

Now, let’s introduce web ADA compliance. Website owners, especially businesses, are increasingly expected to ensure their digital spaces are as accessible as their physical ones. Some examples of accessibility improvements include ensuring websites meet specific standards, such as providing text descriptions for images (alt text), creating keyboard-friendly navigation, and ensuring that users can zoom in on text without losing content functionality.

If your website isn’t compliant, you may be at risk of legal action, not to mention alienating potential customers or clients who are unable to access your site.

Why the Push for an Update to Section 508?

The internet and technology have evolved significantly since 1998, and while Section 508 has received updates over the years, many argue that it still falls short when ensuring comprehensive digital accessibility. A U.S. Government Accountability Office report found that 48% of federal websites still fail to meet basic accessibility standards.

This failure highlights the growing need for more robust, precise guidelines reflecting the rapidly changing digital landscape. U.S. Senators Bob Casey (D-PA), Chairman of the U.S. Senate Special Committee on Aging, Ron Wyden (D-OR), Chairman of the U.S. Senate Finance Committee, John Fetterman (D-PA), and Tammy Duckworth (D-IL) are advocating for an update to Section 508. They are pushing for modernized standards that consider the latest web technologies and accessibility tools in the Section 508 Refresh Act.

For example, the original guidelines didn’t account for mobile devices or advanced multimedia content, now everyday parts of online experiences. By updating Section 508, the government hopes to set a more potent example for digital accessibility that private sector websites can follow.

Section 508 Refresh Act Proposed Updates

The Section 508 Refresh Act will bring much-needed updates to the law. Here’s what the bill will do:
- Involve People with Disabilities: Federal departments and agencies will now have to include people with disabilities—both as users of government services and information, and as government employees—in the process of acquiring and testing federal technology for accessibility.
- Improve the Complaint Process: The act will reform how complaints under Section 508 are handled and set up a new process for deciding which federal technology gets purchased, with strict accountability to ensure the technology is accessible.
- Require Regular Testing: Federal departments and agencies will need to regularly test their technology to make sure it’s accessible to both federal workers and all Americans who use federal programs and information.
- Appoint Compliance Officers: Each federal department and agency will be required to have qualified, dedicated Section 508 compliance officers to ensure the technology they buy and use is accessible.
How Does Section 508 Affect Your Website?

Although Section 508 primarily applies to federal agencies, its standards can serve as a guideline for businesses and organizations striving to meet web ADA compliance. Here’s how the push for a Section 508 update could affect website owners like you:

Rising Accessibility Expectations

The conversation around digital accessibility is growing, and consumers are becoming more educated about their rights. A more substantial Section 508 could raise the bar for accessibility standards, creating a ripple effect in the private sector. While your business may not be legally bound by Section 508, failing to meet modern accessibility standards can cause a loss of revenue and costly legal engagements.

Avoiding Legal Risks

Over the past few years, ADA-related website lawsuits have increased. Big and small businesses have received expensive lawsuits for not providing accessible websites. An update to Section 508 could bring more attention to web ADA compliance, meaning your business might face heightened scrutiny. To protect yourself, it’s a good idea to stay ahead of any legal requirements by ensuring your website is accessible to all. 216digital offers complimentary ADA risk assessments.

Improving Usability for All Users

Let’s face it: accessibility isn’t just about meeting legal standards. It’s about making your website better for everyone. When your website is accessible, it’s easier to navigate, more user-friendly, and more likely to attract a wider audience. An update to Section 508 could bring more explicit guidelines and tools that can help website owners like you make necessary improvements to usability.

What Does Digital Accessibility Look Like?

Now that you understand why the push for a Section 508 update is essential let’s dive into what digital accessibility looks like. Ensuring your website is accessible means implementing changes that benefit users with disabilities, including those who are blind, deaf, or have mobility impairments. However, these changes often improve the experience for all users.

Here are a few key accessibility features to consider for your website:

Alt Text for Images

People using screen readers rely on descriptive text for images to understand the content on the page. Someone visually impaired would only know what the image is about with alt text. Adding alt text for images isn’t just a best practice for accessibility—it’s also good for SEO, helping your images rank better in search engines.

Keyboard Navigation

Not all users can use a mouse. Many people with mobility impairments rely on keyboard navigation to move through websites. Testing for keyboard navigability (with features like tabbing and clear focus indicators) is critical for accessibility.

Captioning for Videos

People who are deaf or hard of hearing rely on captions to understand video content. Providing captions for all videos on your site is a must for web ADA compliance. Fortunately, many video platforms, like YouTube, offer automated captioning services that you can edit to improve accuracy.

Text Resizing

For users with low vision, being able to zoom in on text is essential. Test your site by zooming pages to 200% and ensure your content adjusts accordingly without breaking the layout. Text resizing is especially important for mobile users who often zoom in to read content on small screens.

Readable Fonts and Colors

Some users need help with reading specific fonts or color combinations. Use simple, easy-to-read fonts and ensure adequate contrast between text and background colors. Contrast improvements will help users with vision impairments and make your website more accessible to read for everyone.

What Can You Do as a Website Owner?

With all this in mind, what steps can you take to ensure your website meets digital accessibility standards and remains web ADA compliant?

Run an Accessibility Audit

Several online tools, such as 216digital’s Accessibility Radar, can help you identify accessibility issues on your website. By running an audit, you’ll see where your site falls short and what areas need improvement.

Learn About WCAG

The Web Content Accessibility Guidelines (WCAG) is the gold standard for digital accessibility. Familiarizing yourself with WCAG 2.2, the latest version, can be a guideline for site improvements. These guidelines cover everything from text alternatives for non-text content to ensuring your site is compatible with assistive technologies.

Work with an Accessibility Expert

If you’re unsure how to start or need help making significant changes, consider hiring an accessibility experts like 216digital. They can help ensure your website meets Section 508 and web ADA compliance standards, reducing your risk of legal issues and improving your overall user experience.

Regularly Update Your Site

Web accessibility requires ongoing maintenance. As your site grows and changes, continually check for accessibility issues. Whether adding new content, launching a redesign, or building new features, accessibility should always be a priority.

Stay Ahead of the Game

With senators pushing for an update to Section 508, there’s never been a better time to focus on digital accessibility. Not only will improving your website’s accessibility help you avoid legal risks, but it will also create a better experience for all users. Staying on top of accessibility trends and best practices is essential for any website owner, developer, or content creator. So take the time now to ensure your site is accessible—it’s not just the right thing to do; it’s good business.

Schedule a complimentary ADA Strategy Briefing to talk with one of our accessibility experts and take the next step with confidence into web accessibility.
Greg McNeil

August 28, 2024

Legal Compliance

digital accessibility, Section 508, Web Accessibility, web compliance, Website Accessibility
Understanding the Limitations for Unruh Act
The Unruh Civil Rights Act (Unruh Act) is a critical piece of California legislation that ensures everyone is entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments. Initially passed in 1959, it is a cornerstone of California’s commitment to prohibiting discrimination based on sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation.

With the increasing number of online transactions and the expansion of e-commerce, there has been a notable rise in Unruh Act claims related to web accessibility, making it more important than ever for businesses to understand their legal obligations.

Expansion to Online Businesses

While the act initially focused on physical spaces like hotels, restaurants, and stores, its application has expanded to cover online businesses. Many online businesses, particularly those that have recently moved into the digital space, may not fully realize that their websites and apps are considered ‘places of public accommodation’ under the Unruh Act. This oversight can lead to unintentional violations and subsequent legal action.

Common Scenarios for Unruh Act Claims

Businesses that fail to comply with the Unruh Act can face serious legal consequences. The act allows individuals who have experienced discrimination to file lawsuits against offending businesses. In recent years, one of the most prominent areas of litigation under the Unruh Act has been web accessibility. Here’s a closer look at a landmark case:

Robles v. Domino’s Pizza

One of the most notable cases involving the Unruh Act is Robles v. Domino’s Pizza. In this case, Guillermo Robles, a blind man, sued Domino’s Pizza, claiming that the company’s website and mobile app were inaccessible to visually impaired users who rely on screen readers. Robles argued that this lack of accessibility violated both the Americans with Disabilities Act (ADA) and the Unruh Act.

The case eventually made its way to the Ninth Circuit Court of Appeals, which ruled in favor of Robles. The court affirmed that websites and mobile apps are considered places of public accommodation under both the ADA and the Unruh Act.

The Robles case has set a significant precedent, leading to increased scrutiny of businesses’ digital accessibility efforts. Since this ruling, numerous lawsuits have been filed against companies that fail to provide accessible online services, highlighting the importance of proactive compliance.

Statute of Limitations for Unruh Act Claims

In legal terms, the statute of limitations is a set period during which a person must file a lawsuit or claim after an event occurs. It helps protect both sides: the person bringing the case (plaintiff) and the person being sued (defendant). This time limit ensures that cases are addressed in a reasonable amount of time and prevents legal actions from dragging on forever.

Timeframes for Filing Claims

In California, the timeframe for filing a claim under the Unruh Act depends on how the claim is handled.
- Through the California Civil Rights Department (CRD): If a plaintiff wants to file a claim through the CRD, they must do so within one year from the date of the alleged discrimination.
- Privately: If the claim is filed privately, not through the CRD, the timeframe extends to two years from the date of the discriminatory act.
Consequences of Missing the Deadline

Missing the statute of limitations for an Unruh Act claim can have significant consequences. For plaintiffs, it means the loss of the opportunity to seek compensation for the harm they have suffered. This could include financial damages and the chance to force a business to change its discriminatory practices.

Missing the deadline does not absolve businesses of the underlying issue. While they may avoid a particular lawsuit, the continued failure to comply with the Unruh Act leaves them vulnerable to future claims. Moreover, the reputational damage associated with non-compliance can negatively impact customer trust and loyalty.

It’s also worth noting that businesses that repeatedly fail to comply with the Unruh Act may become targets for serial litigants—individuals who seek out violations specifically to file lawsuits. This can result in multiple lawsuits, leading to substantial legal fees, settlements, and other costs.

Protecting Your Online Business

Given the complexities and potential risks associated with the Unruh Act, online businesses must take proactive steps to ensure compliance. This is where partnering with a knowledgeable and experienced firm like 216digital can make a significant difference.

216digital’s Accessibility Services

At 216digital, we specialize in web accessibility and compliance services designed to protect businesses from the legal risks associated with the Unruh Act and other similar regulations. Our comprehensive approach includes:
- Accessibility Audits: We conduct thorough accessibility audits of your website or app to identify potential issues that could lead to Unruh Act claims. Our audits cover both automated and manual testing methods to ensure that all aspects of accessibility are addressed.
- Remediation Services: Once issues are identified, we provide expert remediation services to bring your digital properties into compliance. This includes making necessary code changes, optimizing for assistive technologies, and ensuring all content is accessible.
- 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.
- Consulting and Training: We offer consulting services to help your team understand the requirements of the Unruh Act and other accessibility laws. Additionally, we provide training to ensure your team maintains compliance as you update and expand your digital presence.
By partnering with 216digital, you can protect your business from the risks of Unruh Act claims and demonstrate your commitment to inclusivity and accessibility, which can enhance your brand reputation and customer loyalty.

Wrapping Up

The Unruh Civil Rights Act is a powerful tool for protecting the rights of individuals in California, and its application to online businesses underscores the importance of web accessibility. Understanding the limitations of the Unruh Act, including the statute of limitations for filing claims, is essential for both individuals seeking to enforce their rights and businesses aiming to avoid legal pitfalls.

For businesses, the best defense against Unruh Act claims is a proactive approach to web accessibility. By working with an expert partner like 216digital, you can ensure that your online presence fully complies with the law, protecting your business from legal risks while enhancing the user experience for all visitors.
Greg McNeil

August 26, 2024

Legal Compliance

digital accessibility, Unruh Act, Unruh Civil Rights Act, Web Accessibility, Website Accessibility
Why Small Businesses Face More ADA Web Lawsuits
In the bustling world of small business, every penny counts. So, it’s no wonder that when an unexpected expense pops up, it can feel like a huge blow. One such cost that’s been increasingly affecting small businesses lately is the rise in web ADA lawsuits. These lawsuits, centered around web accessibility, are not just a concern for big corporations but have also become a significant issue for mom and pop shops. Let’s dive into why small businesses are particularly vulnerable to these lawsuits, how ADA website compliance has become a recent battleground, and what you can do to ensure your site is up to snuff.

Understanding Web Accessibility and ADA Lawsuits

Before we get into why small businesses are targeted, let’s start with the basics. The Americans with Disabilities Act (ADA) is a law designed to ensure that people with disabilities have equal access to all aspects of public life, including the digital world. Web accessibility falls under this mandate, meaning that websites need to be usable by people with various disabilities, such as vision impairments, hearing loss, or mobility issues.

In recent years, ADA lawsuits focusing on web accessibility have surged. In 2023 alone, plaintiffs filed 4,605 federal and state-filed ADA-related digital lawsuits across the United States. This trend shows no sign of slowing down, with organizations of all sizes—small businesses to Fortune 500 companies—finding themselves in litigation.

The idea is that if your website isn’t accessible to everyone, including those with disabilities, you could be breaking the law. This has led to a spike in legal actions, with plaintiffs’ lawyers targeting businesses they believe are not compliant with ADA standards.

Why Are Small Businesses Targeted by Plaintiffs’ Lawyers?

You might wonder why small businesses, especially those run by hardworking mom and pop owners, seem to be hit harder by these lawsuits than larger companies. Here are a few reasons why small businesses are often in the crosshairs:
1. Limited Resources: Small businesses often operate with tight budgets and limited staff. This means they might not have the resources to keep up with all the legal and technical requirements for web accessibility. Large corporations, on the other hand, typically have dedicated teams and budgets for compliance and legal matters.
2. Less Robust Defense: When a lawsuit is filed, it often involves extensive legal fees and time-consuming processes. Small businesses might find it harder to mount a strong defense against these lawsuits compared to larger companies that have in-house legal teams or access to experienced attorneys.
3. Higher Visibility: Many small businesses have websites that might not be as well maintained or as accessible as those of larger businesses. This makes them more noticeable targets for plaintiffs’ lawyers who are on the lookout for non-compliant sites.
4. Insurance Coverage: Small businesses might not have insurance that covers ADA-related lawsuits, or their coverage might not be comprehensive enough to handle the costs. Larger businesses are more likely to have insurance policies that include legal protections for such issues.
ADA Website Compliance: The Latest Tactic Used by Plaintiff’s Lawyers

As the internet has become a crucial part of doing business, ADA website compliance has emerged as a new tactic for plaintiffs’ lawyers. Here’s why this is happening:
1. Increased Focus on Digital Accessibility: With the rise of online shopping and digital services, accessibility issues have become more visible. Plaintiffs’ lawyers have noticed this trend and are using it as a new avenue to pursue claims.
2. Ambiguity in the Law: The ADA was enacted in 1990, long before the internet became a staple of daily life. As a result, there is some ambiguity about what constitutes compliance for websites. This lack of clear guidelines means that plaintiffs’ lawyers can argue their cases based on their interpretations of the law.
3. Settlement Potential: For many businesses, settling out of court is less costly than fighting a lawsuit. Plaintiffs’ lawyers know this and may target small businesses that are more likely to settle quickly rather than face lengthy legal battles.
4. Rising Awareness: As more people become aware of web accessibility issues, there is an increased chance of someone noticing and reporting non-compliant websites. This rising awareness has led to more lawsuits being filed.
How to Make Sure Your Small Business Website is ADA-Compliant

Now that we’ve covered why small businesses are often targeted and how ADA website compliance has become a popular legal battleground, let’s talk about what you can do to ensure your website is up to standard.
1. 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.
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. Incorporate Accessibility Features: Make sure your website includes features that assist users with disabilities. This can include adding captions to videos, ensuring that your site is navigable by keyboard, and using descriptive link text.
4. Test with Real Users: If possible, get feedback from real users who have disabilities. Their experiences can provide valuable insights into areas where your website might need improvement.
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.
6. Seek Professional Help: If you’re unsure where to start or need assistance, consider consulting with an accessibility expert or web developer who specializes in ADA, like 216digital. We can guide you through the process and help ensure that your website meets all necessary standards.
7. 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.
Protect Your Small Business With 216digital

ADA website compliance is crucial for small businesses, with significant implications that shouldn’t be overlooked. Plaintiffs’ lawyers often target mom-and-pop shops, making it essential to take proactive steps to ensure your website meets accessibility standards. By staying informed, conducting regular audits, and integrating accessibility features, you not only safeguard your business against costly lawsuits but also create a more inclusive experience for all your customers.

To ensure your website is fully compliant and accessible, consider scheduling an ADA briefing with 216digital. Our team can guide you through the complexities of web accessibility, helping you create a welcoming online space for everyone while protecting your business from potential legal risks. Don’t wait until it’s too late—reach out to us today to secure your website’s future.
Greg McNeil

August 21, 2024

Legal Compliance

Accessibility, ADA Compliance, ADA Website Compliance, Small Business, Web Accessibility, Website Accessibility
2024 Mid-Year Report ADA Lawsuits Trends

As we reach the midpoint of 2024, it’s crucial for business owners, project managers, and web development teams to stay informed about trends and challenges related to ADA lawsuits, especially concerning web accessibility. In recent years, the landscape of digital accessibility has evolved significantly, impacting businesses of all sizes across various industries. This article aims to provide a comprehensive mid-year report on ADA lawsuits, upcoming trends, and proactive measures to protect your online business.

Trends in 2024 for ADA Lawsuits

As we move through 2024, the landscape of Americans with Disabilities Act (ADA) lawsuits is undergoing significant changes. Several emerging trends reflect shifts in legal practices, targets of litigation, and evolving standards in web accessibility. Here’s a comprehensive look at what you can expect in the upcoming months.

Decrease in Overall ADA Lawsuit Numbers

For the first time in years, there has been a slight decrease in the number of ADA lawsuits filed. In fact, we are anticipating to have 600 less federal court case than in 2023. This reduction is primarily due to increased judicial scrutiny. Judges now require plaintiffs and their legal teams to present more detailed and specific claims. Vague or generic allegations no longer suffice to move forward in court. This heightened scrutiny is filtering out cases deemed frivolous or opportunistic, leading to a decrease in the overall number of filings.

Impact of Recent Defense Victories

Recent defense victories in federal ADA claims have also contributed to this decline. These victories have set precedents that make it more challenging for plaintiffs to succeed with less substantiated claims. As a result, some law firms are shifting their focus to state courts, where they might perceive a higher chance of success. This shift is impacting the overall landscape of ADA lawsuits, with fewer cases reaching the federal level.

Small Companies Are in the Crosshairs

Interestingly, there has been a significant shift in the targets of ADA lawsuits. Over 66% of the lawsuits filed through June 2024 have been against companies with revenues under $25 million. In contrast, 34% have been against larger companies. This shift is a natural progression after years of lawsuits targeting major corporations. Many of the largest companies have already faced lawsuits and implemented comprehensive accessibility programs, leaving smaller businesses as the new focus for plaintiffs.

The Rise of eCommerce and ADA Violations

The rise in eCommerce, driven by changing consumer spending habits, has exposed more small and medium-sized businesses to potential ADA violations. As these businesses expand their online presence, they become more susceptible to lawsuits if their websites are not fully accessible. Smaller businesses may lack the resources or knowledge to ensure full compliance with ADA requirements, making them vulnerable targets for litigation.

Overlays Could Make You a Target Now More Than Ever

Despite significant investments in accessibility widgets, these tools often fail to reduce legal risks effectively. In fact, in 2024, plaintiffs have already filed 503 lawsuits against websites with active widgets, compared to 449 in 2023. This is a 20% increase in lawsuits against websites using widgets and screen overlays. These tools are marketed as quick fixes for accessibility issues but frequently fall short of their promises.

Common Problems with Widgets

It has been proven that accessibility widgets can create additional barriers for users with disabilities. Common problems include incompatibility with screen readers, failure to address all accessibility concerns, and even introducing new issues. These limitations highlight that relying solely on widgets is not an adequate solution for legal protection or genuine accessibility improvements. Businesses must seek comprehensive solutions to ensure their websites are fully accessible.

Evolving Legal Standards

The legal landscape surrounding web accessibility is continuously evolving. On April 8, the U.S. Attorney General signed a new rule under ADA Title II, setting clear web accessibility standards for state and local governments. This means their services, programs, and activities must now be accessible to people with disabilities. Depending on the size of their websites, these entities have two to three years to implement these accessibility standards.

Potential Changes to ADA Title III

While the current update focuses on public sector entities under ADA Title II, it could serve as a model for changes to Title III, which covers public accommodations and commercial facilities. This potential shift might lead to stricter and more uniform accessibility standards in the private sector, affecting businesses and nonprofits that interact with the public.

Increased DOJ Enforcement

The Department of Justice (DOJ) is expected to increase enforcement efforts, ensuring that businesses comply with these evolving standards. This means that businesses must stay informed about these changes and proactively work towards compliance to avoid potential lawsuits and penalties. Staying ahead of these legal standards will be crucial for businesses to minimize legal risks and enhance accessibility for all users.

The Importance of Staying Informed

Staying informed about the latest trends and legal changes in ADA compliance is crucial for businesses of all sizes. This not only helps in avoiding potential lawsuits but also ensures that businesses are accessible to all customers, enhancing their reputation and customer satisfaction. Companies should consider consulting with legal experts and accessibility professionals to stay ahead of the curve and implement best practices in web accessibility.

How to Protect Your Online Business

Navigating the complexities of ADA compliance can seem daunting, especially for those with limited knowledge of web accessibility standards. However, there are practical steps you can take to mitigate the risk of lawsuits and foster a more inclusive digital environment:

1. Conduct an Accessibility Audit

Start by conducting a comprehensive accessibility audit of your website. This involves assessing your site’s adherence to WCAG standards and identifying areas that may pose accessibility barriers. Consider engaging accessibility experts or using automated tools to assist in this process.

2. Implement Accessibility Improvements

Based on the findings of your audit, prioritize and implement necessary accessibility improvements. This may include optimizing navigation for keyboard users, providing alternative text for images, ensuring color contrast ratios comply with standards, and making multimedia content accessible.

3. Train Your Team

Educate your web development team, content creators, and digital marketers about web accessibility best practices. Training sessions can help increase awareness of accessibility guidelines and empower your team to proactively address accessibility issues in their respective roles.

4. Monitor and Maintain Accessibility

Accessibility is an ongoing commitment. Regularly monitor your website for accessibility compliance and address any new issues that arise. Incorporate accessibility checks into your regular maintenance routines to ensure ongoing compliance.

5. Seek Legal Guidance if Needed

If you receive a demand letter or face a lawsuit related to ADA non-compliance, seek legal guidance promptly. ADA litigation can be complex, and legal professionals specializing in accessibility law can provide valuable counsel and representation.

Conclusion

As we move forward in 2024, the landscape of web accessibility and ADA compliance continues to evolve. By prioritizing accessibility in your digital strategy and staying informed about legal requirements, you not only mitigate legal risks but also enhance the overall user experience for all visitors to your website. Remember, accessibility is not just a legal obligation but also a moral imperative to ensure inclusivity and equal access to information in the digital age.

For more information on ADA compliance and web accessibility best practices, schedule a complimentary ADA strategy briefing with 216digital. Together, we can create a more inclusive online environment that benefits businesses and individuals alike.

Greg McNeil

August 19, 2024

Legal Compliance

ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility

Why Web Accessibility Matters

Understanding Device-Specific Accessibility Challenges

Web Accessibility on Desktops

Web Accessibility Challenges:

Mobile Devices

Accessibility Challenges:

Web Accessibility on Tablets

Accessibility Challenges:

Effective Testing Methods and Tools

1. Manual Testing for Web Accessibility

Tips for Manual Testing:

2. Automated Testing Tools

Recommended Tools:

3. User Testing for Web Accessibility

How to Conduct User Testing:

Final Thoughts

What Are Web Accessibility Overlays?

Overlay’s Intended Purpose

The Reality: Why Overlays Often Fall Short

Broken Functionality

Limited Customization

Disruptive Presence

Overlay’s Provide a False Sense of Security

Common Issues with Overlays

Firsthand User Experiences

Why Overlays Are Seen as a “Quick Fix”

Superficial Solutions

Potential for Increased Barriers

Legal and Ethical Concerns

The Path to Genuine Accessibility

Take the Next Step Towards Accessibility

Why Web Accessibility Matters

Web Content Accessibility Guidelines (WCAG)

ADA and Web Accessibility

ADA Compliance and Legal Consequences

ADA Lawsuits

Case Study: Robles v. Domino’s Pizza

Financial Penalties

Case Study: Target Corporation Settlement

Case Study: Beyoncé’s Parkwood Entertainment

Mitigating Legal Risks: Proactive Steps for ADA Compliance

Get Proactive about ADA Web Accessibility

Myth #1: Web Accessibility Overlays Fully Automate Web Accessibility Compliance

The Truth: Overlays Can’t Fix Everything

Complexity of WCAG Standards

Surface-Level Changes

Dynamic Content Challenges

Myth #2: Overlays Are a One-Size-Fits-All Solution

The Truth: Overlays Aren’t Universal Fixes

Different Needs for Different Sites

Incompatibility Issues

User Preferences

Myth #3: Overlays Improve Accessibility for All Users

The Truth: Overlays Can Create Barriers

Myth#4: Overlays Are a Substitute for Genuine Accessibility Practices

The Truth: Real Accessibility Requires Real Effort

Genuine Accessibility Takes Effort

Myth #5: Web Accessibility Overlays Decrease Legal Liability

The Truth: Overlays Don’t Eliminate Legal Risks

Incomplete Compliance

Ongoing Legal Risk

Overlays in Settlement Agreements

Overlays Can Make You a Target

Why Genuine Accessibility Practices Matter

Final Thoughts

What Are Web Accessibility Overlays?

The Legal Landscape: Recent Lawsuits and Challenges

Case Study: Tribeca Skin Care vs. accessiBe

Problems and Risks with Overlays

Copycat Lawsuits: A Growing Threat

Exploitation of Overlay Data

Why Overlays Aren’t a Solution

What Can Business Owners Do Instead?

Overlays Are Not a Shortcut

Team Up with 216digital

What is House Bill 21-1110?

The Deadline for Compliance

Extension Grant Introduced in May 2024

Who Does HB 21-1110 Apply To?

What About Non-Government Entities?