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  • An Insight On 2023 Digital Accessibility Lawsuits

    An Insight On 2023 Digital Accessibility Lawsuits

    Navigating the online marketplace as a business owner has never been more intricate. The echoing chime of “web accessibility lawsuit” has grown louder this year, and for many, the threat of a web accessibility lawsuit looms large. 

    Web accessibility, once a buzzword for the tech-savvy, is now a focal point for every online entrepreneur. And if the stats from 2023’s mid-year report are anything to go by, ignorance is not bliss. In fact, it’s downright risky.

    Let’s dive deep into the data, exploring everything from the uptick in ADA non-compliance lawsuits to the pivotal “Dear Colleague” Letter recently released. In today’s digital world, being informed isn’t just advantageous—it’s essential.

    Digital Accessibility Lawsuits Are on the Rise

    The numbers are in, and they’re striking: An estimated 4,220 digital accessibility lawsuits are predicted by the end of 2023. This marks a staggering 182% rise from the 2,314 cases in 2018. This trend has shown no signs of slowing down. In fact, it’s only gaining momentum, especially in states like New York, Florida, and California. 

    This sunshine state has recorded a whopping 228 web accessibility lawsuit filings in just the first half of 2023. That’s a 30% increase from the 160 lawsuits filed in the first half of 2022. This trend highlights the imperative for businesses to be compliant, especially if they operate in these states.

    But how can this data help online business owners? Let’s look at how websites are targeted in 2023 to help you mitigate the risk of an ADA lawsuit. 

    Which Industries Are Most at Risk?

    From e-commerce platforms where seamless user experiences drive sales to educational institutions striving for inclusive online learning environments, the pressure to ensure equal access intensifies. With both legal implications and ethical considerations at stake, let’s delve deeper into which industries are most at risk in the current landscape.

    E-commerce At The Forefront

    E-commerce platforms are the usual suspects when it comes to ADA non-compliance cases. The U.S. Census Bureau’s Annual Retail Trade Survey (ARTS) highlighted a significant shift in consumer habits during the pandemic, leading to a 43% surge in e-commerce sales within its first year.

    With the world shopping online more than ever, the demand for accessible e-commerce sites has never been higher. Since 2018, 406 of the top 500 e-commerce retailers have been hit with ADA digital lawsuits, with a striking 13% filed just this year. 

    These sites often become targets for digital accessibility lawsuits due to their vast online presence, intricate nature, ever-evolving content, and multi-platform structure. However, it’s crucial for e-commerce business owners to emphasize web accessibility, not only to avoid legal complications but also to ensure a positive customer experience.

    For an in-depth look at e-commerce ADA litigation, check out our article “Retail is the Prime Target for ADA Web Accessibility Lawsuits.”

    Industries in Focus: The Shift to Education

    While e-commerce is a frequent target, there’s been a notable shift in the industries being targeted. In 2023, the education sector experienced a surge in legal cases, positioning it as the third most frequently sued industry. With increasing focus on accessibility within higher education and significant lawsuits against universities, this trend is expected.

    The joint letter, “Dear Colleague,” from the Department of Education (DOE) and the Department of Justice (DOJ) in May 2023 delivered a comprehensive assessment of the relationship between the ADA and Section 504 and the online content produced by tertiary institutions.

    This May 2023 document clarifies the requirements universities and colleges must adhere to remain ADA-compliant. Furthermore, the letter underscores the DOE and DOJ’s commitment to pursue institutions that fall short of compliance firmly. In line with the DOJ’s impending updates about online accessibility, this reinforces the importance of web accessibility in education.

    Small Companies Bear the Brunt

    Size doesn’t matter when it comes to ADA non-compliance. In fact, smaller companies with revenues under $25 million have been on the receiving end. They accounted for 77% of ADA non-compliance cases in the first half of 2023. 

    This figure will likely rise, as many large companies have already been the target of an ADA lawsuit in the past four years. They have since remediated their digital platforms and developed comprehensive accessibility initiatives.

    This proves that no company is too small to be overlooked. As we enter the second half of 2023, smaller companies must begin taking action to make their online presence fully accessible. This is especially crucial as legal plaintiffs and firms shift their focus from just the large e-commerce players to a broader range.

    Web Accessibility Widgets: A Double-Edged Sword?

    Many businesses have adopted accessibility widgets in an attempt to meet ADA standards. However, these widgets haven’t been the magic solution many hoped for. Lawsuits against companies using these tools surged to 414 this year from 336 in 2022.  

    The trend of filing ADA complaints and lawsuits against companies using accessibility widgets will likely continue, as full ADA or WCAG compliance cannot be achieved using overlays or widgets alone. 

    One of the biggest problems with accessibility widgets is that they do not address the inherent access barriers on websites. While most of these issues are invisible to most users, they are significant barriers for people with disabilities. 

    Moreover, overlays can only detect 30% of web accessibility errors. Unfortunately, the WCAG guidelines are too complex for overlay tools to provide the robust modifications required. The remaining 70% of the issues are seen only through manual testing.

    For more information about the risks of overlay widgets, check out our article, Why AI & Overlay Widgets Fail ADA Website Compliance. 

    Why the Surge in Web Accessibility Lawsuits?

    The ADA’s legal scope concerning digital accessibility remains somewhat ambiguous, leaving substantial room for interpretation. Established in 1990, the ADA predates the Internet’s widespread use, leading many to believe it was solely for physical establishments. However, the digital landscape has drastically evolved since the ADA’s inception. 

    The Internet is indispensable today, offering avenues for communication, entertainment, goods, and services. With countless businesses operating online, inaccessible websites mean individuals with disabilities miss out on a significant societal aspect, making businesses susceptible to legal actions. 

    The rising number of lawsuits against companies not offering inclusive web interfaces, coupled with the DOJ’s active participation in verdicts against them, indicates the ADA’s relevance to online platforms. Notably, the DOJ’s prospective Title II regulations and President Biden’s emphasis on online accessibility in July of this year have further underscored its importance. If companies remain non-compliant, the surge in lawsuits is likely to persist.

    Reduce Your Risk with 216digital

    In today’s digital age, web accessibility is more crucial than ever. As an online business owner, it’s essential to recognize the significance of ADA compliance, both ethically and legally. Investing in web accessibility widens your customer base and shields you from potential legal repercussions. 

    Now is the time to act, as the cost of non-compliance could be detrimental.
    Whether you want to protect against a frivolous ADA accessibility lawsuit or become WCAG 2.1 AA compliant, 216digital has you covered. After years of analyzing ADA lawsuits, we’ve discerned the tactics used by law firms to pinpoint websites for groundless ADA claims and how to protect businesses against them. Our team of accessibility experts can also develop strategies to integrate WCAG 2.1 compliance into your development roadmap on your terms. So don’t wait any longer—find out where you stand by scheduling a complementary ADA Strategy Briefing today.

    Greg McNeil

    August 25, 2023
    Legal Compliance
  • Are Bots Sending Web Accessibility Demand Letters?

    Are Bots Sending Web Accessibility Demand Letters?

    Web accessibility has increasingly become a focal point for online businesses in recent years. In the digital era, the importance of making sure every user has access to web content cannot be overstated. But what happens when this rightful concern becomes a potential legal pitfall for businesses? 

    A recent wave of demand letters related to web accessibility has left many business owners questioning their source. Are they from genuine concerned human plaintiffs, or are bots behind them?

    What are Web Accessibility Demand Letters?

    For those unfamiliar, a web accessibility demand letter is a legal notice sent to businesses alleging that their website is inaccessible according to the standards set by the Americans with Disabilities Act (ADA). If true, these businesses must take specific actions to become compliant or face potential legal action. This can not only dent their reputation but also incur substantial legal fees.

    The number of businesses receiving these letters has increased exponentially in recent years. In 2022, more than 1,500 demand letters were sent per week. While many of these lawsuits are initiated by people with disabilities, many have questioned whether these letters are starting to come from bots. 

    The Wave of Demand Letters

    Ogletree Deakins, a reputable legal firm, has recently noticed some unusual patterns in the series of web accessibility demand letters received by their clients. The consistency in the phrasing, formatting, and even the nature of the complaints has led them to question if these are genuinely from diverse plaintiffs or if there’s a more automated process at play.

    According to Ogletree Deakins, bots may use artificial intelligence (A.I.) to scan websites for potential violations of the ADA quickly. This could allow plaintiffs to pursue hundreds of ADA claims at once, pressuring businesses to settle those claims before they lead to litigation.

    What are Automated Tools?

    Automated accessibility audits are tools designed to test websites for compliance with ADA guidelines. These tools can scan hundreds of web pages quickly to identify potential violations. Could plaintiffs use these tools to test large numbers of websites for ADA violations? The answer is yes, and here’s how.

    Automated tools are efficient at identifying general issues with web accessibility, such as missing alt text for images, incorrect use of headings, or other standard HTML violations. While these tools might not catch every nuance of a site’s accessibility, they can provide a quick overview, potentially leading to web accessibility demand letters.

    For more information about automated tools, check out our blog post, Are Web Accessibility Testing Tools Enough to Ensure Compliance. 

    The Problem with Bots Using Automated Tools

    While it is conceivable that a plaintiff could use an automated tool to test websites for ADA violations, there is one major issue. Automated tools have substantial limitations. 

    Even the best-automated tools are prone to false positives. For example, an automated test could identify missing alt text for images. However, not all images are required to have alt text. Humans often must determine whether alt text is necessary, and A.I. is currently incapable of making those decisions. 

    Automated tools are a valuable part of thorough accessibility remediation. Their limitations could make them a poor tool for filing massive waves of lawsuits, exposing potential law firms to penalties for filing fraudulent claims.

    However, this also brings into question whether a person with no intention to use a business’s products or services can file an ADA non-compliance lawsuit.

    The Concept of a “Tester”

    There have been instances where individuals, referred to as “testers“, detect ADA violations even when they have no real intention of using a business’s products or services. A prominent example is the case of Acheson Hotels, LLC v. Deborah Laufer, where the legitimacy of the plaintiff’s intent came into question. 

    The U.S. Supreme Court will likely weigh in on that question in the coming months. Depending on the outcome of that case, the prospect of bots generating demand letters doesn’t seem far-fetched.

    But what could this mean for website owners?

    What Does This Mean for Website Owners?

    For online business owners, the implications are significant. If your website isn’t ADA compliant, the risk isn’t just alienating potential customers but also facing potential litigation. The growing number of demand letters and lawsuits highlights the urgency of making your website accessible to all users, including those with disabilities. However, the question remains: should businesses react to these seemingly “copycat.” 

    Should You React To These Copycat Claims?

    With the specter of potential bot-generated demand letters and ADA lawsuits, website owners are in a precarious position. While it’s crucial not to panic, it’s equally vital to take these claims seriously. Dismissing them offhand could lead to legal complications and considerable costs. 

    If you receive a web accessibility demand letter:

    • Consult an Expert: Before taking any steps, consult a legal expert knowledgeable in ADA compliance and web accessibility.
    • Assess Your Website: Use automated and manual audits to gauge your site’s accessibility. Automated tools offer a quick overview, but human evaluations provide in-depth insight.
    • Document Everything: Keep a record of all improvements and changes made to ensure accessibility. This will be beneficial in defending your business if faced with litigation.

    A New Landscape for Web Accessibility

    The fear of bots sending web accessibility demand letters is not unfounded. Automated tools and the emergence of “tester” lawsuits have created a new landscape that online business owners must navigate. The primary concern for businesses should be clear: make your websites accessible. Whether the threat comes from genuine users or automated tools, ensuring compliance is not just a legal necessity but also a testament to a company’s commitment to inclusivity and equality.

    Partnering with Experts: 216digital

    If you’ve received an ADA demand letter, we’re here to help. Through our years of experience in the trenches analyzing and studying these cases, we can determine how ADA non-compliance lawsuit firms identify their targets and how to protect your business. At 216digital, we will develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms so you can continue focusing on what matters most: running your business.
    Scheduling a 15-minute complimentary website audit and consultation with our experts at 216digital.

    Greg McNeil

    August 8, 2023
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
  • ADA Web Compliance Demand Letters

    ADA Web Compliance Demand Letters

    As an online business owner, you’ve likely heard about the Americans with Disabilities Act (ADA). You understand its importance and that your website needs to be accessible to all users, including those with disabilities. However, when a website is found to be in violation of the ADA, its owner can face legal repercussions.

    These may include receiving a demand letter.

    But what should you do if you receive one? Who sends them? And how do you adequately address what is stated in the letter?

    In this guide, we’ll cover everything you need to know about ADA website compliance demand letters. We’ll explain what a demand letter is, who sends them, and how to respond.

    What is ADA Web Compliance?

    Before we dive into the specifics of ADA web compliance demand letters, let’s first explore what ADA website compliance means. ADA stands for the Americans with Disabilities Act, which was enacted into law in 1990. This Act seeks to prohibit discrimination against people with disabilities in all public and private places open to the general public.

    Although the ADA law was enacted before the internet became widely used, U.S. court decisions have extended the law’s scope to include websites and online platforms. Unfortunately, the DOJ has failed to formally adopt a set of standards or legal guidelines for what constitutes ADA web compliance, which means there is no way to absolutely stay protected from these lawsuits and demand letters. However, the disabled community has widely recognized the Web Content Accessibility Guidelines (WCAG) as the best existing standard for web inclusivity. WCAG 2.1 Level AA is the most up-to-date version of this standard.

    ADA Web Compliance Demand Letters

    An ADA web compliance demand letter is a legal notice sent to businesses to rectify non-compliant areas of a website. The letter aims to inform business owners that their website is not fully accessible, giving them the opportunity to correct it.

    In recent years, the number of businesses receiving these letters has increased exponentially. In 2022, more than 1,500 demand letters were sent per week. This rise is partly due to heightened awareness of accessibility rights and the growing number of people with disabilities using the internet. Until equal access is provided for people with disabilities, the rate at which ADA website compliance demand letters are sent will likely continue to grow.

    Who Sends ADA Web Compliance Demand Letters?

    Demand letters are typically sent by an attorney representing clients with disabilities or advocacy groups who have identified ADA violations on a website. However, anyone with a disability who has been denied access to a public-facing website or digital platform can send a demand letter. These violations can range from difficult-to-use navigation menus to missing alt text and keyboard navigability.

    While demand letters primarily come from attorneys, the Department of Justice (DOJ) also plays a critical role in enforcing accessibility standards. If a person with disabilities finds that a website is not accessible, they can file a complaint with the DOJ. The DOJ may then investigate and enforce action if necessary.

    Who is at Risk of Receiving an ADA Web Compliance Demand Letter?

    All online businesses open to the public risk receiving ADA web compliance letters, including eCommerce website owners, small businesses, large corporations, and nonprofits.

    However, websites heavily reliant on visual content, such as online retailers, are among those most commonly targeted. In 2022, 2,387 businesses faced web accessibility lawsuits, and the retail industry accounted for almost 77% of cases.

    While visual content is stimulating for some, images and videos may be inaccessible to certain website visitors. In fact, 58.2% of home pages are missing alternative text for images for visually impaired users. If website owners do not take proper measures to adjust their online content, the likelihood of receiving a demand letter is considerably higher. 

    Breaking Down the ADA Web Compliance Demand Letter

    Receiving an ADA demand letter may seem intimidating, but don’t panic. While the letter isn’t a formal legal complaint or lawsuit, it serves as a warning. However, failure to take action when receiving one can lead to further legal recourse. 

    A typical ADA web compliance demand letter may include the following sections:

    Violation Details

    The ADA compliance demand letter will typically begin by explaining that your website has been assessed and found non-compliant with ADA standards. It will outline in clear language what the specific violations are. This may include thorough descriptions of accessibility barriers, such as incompatibility with screen reader technology or lack of keyboard navigability.

    Request for Modifications

    After highlighting the violations, the letter will contain a request for modifications you need to make to your website to achieve compliance. It might include specific WCAG checkpoints your site fails to meet and suggest remedies. For example, your website lacks sufficient contrast between text and background. In that case, the request might demand an improvement in this area.

    Timeline for Achieving Compliance

    The sender will specify a reasonable timeline for you to make the requested modifications. This could range from a few weeks to several months, depending on the nature and extent of the violations. It’s crucial to note this timeline and make sure you comply within the given time frame. Remember, this timeline is legally binding, and any delay can escalate the situation to a full-fledged ADA lawsuit.

    Consequences

    If you fail to meet the ADA web compliance demands within the stated timeline, you risk being subject to legal action. The consequences could include hefty penalties, court-ordered website modifications, and the stigma of a public ADA lawsuit. All of this could significantly impact your business’s reputation and profitability.

    What to Do if You Receive a Demand Letter?

    If you’ve received an ADA website compliance demand letter, it usually means someone has identified your website as ADA non-compliant. So what should you do?

    Here are some steps to guide you:

    • Understand the Requirements for ADA Web Compliance: Familiarize yourself with ADA website conformance standards and guidelines. WCAG 2.1 Level AA is the best measure for web accessibility.
    • Seek Legal Advice:  A knowledgeable attorney with experience in ADA website compliance can help you understand the legal requirements and guide you on the best course of action.
    • Review the Letter and Evaluate Your Website for Compliance: Carefully review the demand letter and evaluate your website based on the violations outlined. Determine if the claims are valid and identify areas that need improvements.
    • Get a Website Audit and Remediate: Hire a professional to conduct an accessibility audit of your website and make the necessary changes to achieve compliance.
    • Communicate with the Plaintiff: Respond to the letter, outlining the steps you’re taking to address the issues raised. Proactive communication can help de-escalate the situation and avoid a lawsuit.
    • Monitor and Maintain: ADA Web Compliance is not a one-time event. Regularly review your website to ensure ongoing compliance. This proactive approach can help prevent future demand letters.

    Stay Ahead of the Curve with 216digital

    ADA web compliance is not optional for online businesses. Demand letters pose a real risk and can lead to serious legal consequences if not appropriately addressed. However, with a clear understanding of ADA standards and the right support, you can take steps to rectify issues and protect your business from potential legal action.

    At 216digital, we understand the complexities of web accessibility and are here to help. We offer comprehensive services that not only audit your website for accessibility but also provide solutions to meet ADA compliance requirements. Our experienced team thoroughly understands WCAG guidelines, and we can help your business implement the necessary adjustments.

    Don’t wait for a demand letter to land on your desk. Get ahead of the curve and ensure your website is ADA-compliant today with 216digital by scheduling a complementary 15 minute briefing.

    Greg McNeil

    July 13, 2023
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
  • A Closer Look at Section 508

    A Closer Look at Section 508

    When we discuss web accessibility, Section 508 of the Rehabilitation Act often surfaces as a critical element. However, understanding its full scope and whether it applies to your website can be confusing. That’s why we want to clear the air. In this post, we will discuss everything you need to know about Section 508, from its latest revision to how it could impact your business.

    What is Section 508?

    In the early 1970s, American lawmakers started to become aware of the need for legislation that ensured accommodation for citizens with disabilities. The first federal law was the Rehabilitation Act of 1973. 

    This law was mainly concerned with how the government would support people with disabilities. It expanded approval for state vocational rehabilitation service grants, established federal accountability for research and training programs for those with disabilities, and designated government bodies, such as the Department of Health, Education, and Welfare, to coordinate disability programs.  

    However, it did not have anything to do with web accessibility issues. It wasn’t until the introduction of the Internet and the rise of digital services that made Section 508 a cornerstone of digital accessibility.

    Section 508

    In 1998, Congress revised the Rehabilitation Act of 1973 to include Section 508. Section 508 states that all federal agencies must make electronic and information technology (EIT) accessible to disabled employees and members of the public. The law applies to EIT’s development, procurement, maintenance, or use, including government websites, documents, software, and multimedia.

    The Latest Revision

    In March 2017, the United States Access Board revised Section 508’s accessibility requirements for information and communication technology(ICT). The update provides more specific definitions of accessibility for EIT, offering clear guidelines for developers and website owners to follow.

    There are five significant changes to Section 508:

    • Focus on Functionality: Organized by functionality instead of product type to keep pace with technological advances.
    • WCAG Compliance: The 2017 update formally established the Web Content Accessibility Guidelines (WCAG) 2.0 as the accessibility framework for agencies. Federal websites are required to meet at least WCAG 2.1 Level A and AA compliance.
    • Content Accessibility:  All official agency content aimed at the general public, along with specific non-facing categories, must be accessible to those with disabilities.
    • Synchronized Tools and Technology: All software and operating systems must be compatible with assistive technologies like screen readers.
    • Expanded Marketplace: This combines chosen global standards such as WCAG 2.0 and aligns with the European Commission’s ICT Standards (EN 301 549) to broaden the range of accessibility solutions available.

    How Does WCAG Affect Section 508?

    As mentioned earlier, the latest revision of Section 508 aligns with WCAG 2.1. WCAG, or the Web Content Accessibility Guidelines, are the international standards for web accessibility developed by the World Wide Web Consortium (W3C).

    So, in effect, WCAG informs the standards set forth by Section 508. WCAG is often considered the golden standard in web accessibility, and following its guidelines can be a big step toward achieving both Section 508 and ADA compliance.

    How is Section 508 Different from the ADA?

    The American with Disabilities Act (ADA), passed in 1990, prohibits discrimination against individuals with disabilities in all areas of public life. While Section 508 specifically deals with federal agencies, the ADA applies more broadly. It prohibits discrimination against people with disabilities in all places of public life. Title II of the ADA pertains to state and local government functions. At the same time, Title III involves private businesses and commercial entities operated by private entities.

    Both acts relate to accessibility for people with disabilities but have significant differences. 

    Section 508

    Section 508 is a set of rules that primarily apply to government entities. However, it also applies to organizations that receive federal funding. This means that government-supported institutions like museums, universities, medical centers, and programs partially federally funded must follow Section 508. 

    Section 508’s accessibility rules also extend to contractors or third-party workers who provide services to government bodies or federally funded organizations. Therefore, any digital platform or website associated with a federally funded entity and used by the public must meet Section 508 standards. Small businesses should consider this if they want to pursue government grants or contract work with federal agencies.

    The ADA

    Section 508 primarily concerns digital accessibility for federal agencies and federally funded organizations. In contrast, ADA has a broader reach, covering both physical and digital spaces across public and private sectors. 

    The ADA requires businesses to make accommodations for their employees and their customers so that those with a disability may not be excluded from participation in or denied services. 

    While court cases have interpreted the ADA to include websites as part of “public accommodations,” it does not provide specific technical guidelines like Section 508. Instead, a sharp increase in lawsuits over the last few years has confirmed that the ADA applies to websites and online applications just as much as to physical stores and offices. For example, in 2022, there were 2,387 web accessibility lawsuits filed in Federal Court and California State Court under the Unruh Act. 

    Does Section 508 Apply to My Business?

    You might wonder if Section 508 applies to you if you’re a business owner. The answer largely depends on your business type. If you are a federal contractor, receive federal funding, or serve a federal agency, Section 508 compliance is mandatory. Consult with a legal expert to fully understand your obligations when in doubt.

    If you’re not a federal agency and still want to make your website accessible, following Section 508 guidelines can be an excellent place to start. It’s always a good idea to strive for inclusivity in your business practices.

    What’s the Risk of Non-Compliance?

    Non-compliance with Section 508 can result in serious legal consequences.

    Let’s take a look at some real-life examples:

    NAD vs. Harvard and MIT

    In 2015, the National Association of the Deaf (NAD) filed lawsuits against Harvard University and the Massachusetts Institution of Technology (MIT). The NAD argued that the universities failed to caption online course content, discriminating against people with hearing disabilities. Both universities settled, leading to more rigorous captioning commitments.

    On November 8, 2019, the National Association of the Deaf (NAD) reached a settlement with Harvard University requiring high-quality captioning services for its publicly available online content. The settlement, memorialized in a class action consent decree, was approved by the Court on February 27, 2020. The Plaintiffs reached a similar settlement with MIT, which was approved on July 21, 2020.

    NFB vs. Department of Education

    Similarly, the National Federation of the Blind (NFB) filed a complaint against the United States Department of Education in 2009. The NFB claimed that one of the Department’s websites, called the U.S.A. Learns violated Section 508 because it’s inaccessible to those who rely on text-to-speech technology or Braille displays to access information. 

    The U.S.A. Learns, a free English-language learning website operated by the Department of Education, underscores the requirement for any government-funded online platform to comply with Section 508.

    These cases highlight that non-compliance can result in time-consuming litigation, financial penalties, and damage to reputation. Prioritizing digital accessibility is critical for businesses and institutions, not only for legal compliance but also to ensure inclusiveness for all users. 

    Section 508 Compliance with 216digital

    Understanding and implementing web accessibility guidelines, like those set out by Section 508 and WCAG, is essential for any business operating in the digital landscape today. Non-compliance can result in severe legal and financial consequences, as demonstrated by the real-life lawsuits against Harvard, MIT, and the Department of Education. But beyond compliance, embracing web accessibility is about inclusivity and fairness, ensuring all users, regardless of ability, have access to information and services.

    That’s where 216digital comes into play. We understand that navigating the complex landscape of web accessibility can be daunting for businesses of all sizes. Our experienced team is equipped with in-depth knowledge of Section 508, WCAG, and ADA compliance. We offer comprehensive services to ensure your digital platforms are not only legally compliant but also inclusive and user-friendly for all users, regardless of ability.

    By choosing to work with 216digital, you are not only safeguarding your business against potential legal repercussions but also championing digital inclusivity. Don’t wait until it’s too late – contact us today to ensure your website is accessible for everyone. Together, we can make the internet a more inclusive space.

    Greg McNeil

    July 13, 2023
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
  • Can ADA Web Accessibility “Testers” Sue?

    Can ADA Web Accessibility “Testers” Sue?

    As a website owner, you’ve likely heard about web accessibility and the implications of the Americans with Disabilities Act (ADA) on your digital space. Web accessibility is an integral part of the digital world, aiming to ensure that everyone, including individuals with disabilities, can access and use web content effectively.

    In recent years, there has been a surge in ADA web compliance lawsuits that could impact your website and business. One key issue is the debate over whether ADA web accessibility “testers” have the legal standing to sue. This article aims to elucidate this complex issue and help you understand how it may affect your business.

    The Americans with Disabilities Act and Web Accessibility

    The Americans with Disabilities Act (ADA), signed into law in 1990, prohibits discrimination against individuals with disabilities in all areas of public life. However, it was initially unclear whether this act extended to websites, as they were less prevalent when the act was passed.

    With the advent of the digital era, courts have gradually expanded the ADA’s scope to include websites, considering them as ‘places of public accommodation.’ This interpretation implies that websites should be accessible to individuals with disabilities, including those who have visual, auditory, or motor impairments.

    In 2022, the Department of Justice (DOJ) published guidance confirming that the ADA applies to business websites. Non-compliance could expose your business to the risk of legal action, including lawsuits and fines.

    The Rise of ADA Web Compliance Lawsuits

    Recently, lawsuits related to ADA web compliance have become increasingly common. Many businesses, both small and large, have faced legal challenges due to the lack of accessibility of their websites.  In 2023 alone, federal and state courts dealt with 4,605 lawsuits related to web accessibility. 

    These lawsuits argue that inaccessible websites create a discriminatory environment, depriving people with disabilities of the same opportunities afforded to those without. While many of these lawsuits are initiated by individuals with disabilities, a new group known as “testers” has emerged as a significant force.

    Learn more about What You Need to Know About ADA Web Accessibility Lawsuits.

    What is an ADA Web Accessibility “Tester”?

    An ADA web accessibility “tester” is an individual who checks websites for ADA compliance. Their primary goal is to identify ADA violations, not necessarily to use the services or products provided on the website.

    These individuals, sometimes people with disabilities themselves or professionals in accessibility consulting, are equipped with the knowledge and tools to test whether a website complies with established accessibility standards, such as the Web Content Accessibility Guidelines (WCAG).

    If the tester deems the website inaccessible, they may file a lawsuit against the business. Some view this role as essential for holding companies accountable, while others see it as an opportunity for lawsuit abuse and exploitation.

    What Gives Someone Ground to Sue?

    Under the United States Constitution, a party must have standing to sue. ‘Standing’ is a legal term that refers to a person’s ability to demonstrate a sufficient connection to and harm from the law or action being challenged, supporting that person’s participation in the case. This requirement implies the person must allege that they attempted to access the business but were unable to or were interested in doing so but could not due to the website’s non-compliance.

    In ADA lawsuits, the person suing must show that they experienced discrimination due to the website’s non-compliance. The question of standing has been a significant point of contention, especially when it comes to testers. 

    Can someone who has no intention of using your services or buying your products sue you because your website is not accessible?

    This question brings us to a landmark case in ADA web accessibility lawsuits – Acheson Hotels, LLC v. Deborah Laufer.

    Acheson Hotels, LLC v. Deborah Laufer

    In late March, the case of Acheson Hotels, LLC v. Deborah Laufer became a focal point in the discussion surrounding the ADA web accessibility testers’ right to sue.

    Plaintiff Deborah Laufer, a self-proclaimed “tester,” has filed over 600 lawsuits alleging ADA web accessibility violations since 2018, primarily targeting the hospitality industry.

    The lower courts initially dismissed Laufer’s case against Acheson Hotels, arguing that Laufer did not intend to visit the hotel and, therefore, had not suffered any injury. However, Laufer appealed the decision, asserting that she was indeed affected by being unable to access information on the hotel’s website due to her disability. Despite acknowledging her role as a tester, Laufer argues that her motive is irrelevant.

    In their brief in opposition, Laufer’s counsel referred to the text of the ADA, writing, “[…] One can readily find that a disabled person’s encounter with violations of the ADA is a real-world harm by reviewing the plain language in the findings and purposes set forth by Congress.”

    The First Circuit Court of Appeals agreed and reversed the initial decision, asserting that Laufer had standing. 

    Supreme Court Case Takes Unexpected Turn

    On March 27, 2023, the Supreme Court agreed to hear a case, but the matter took an unexpected twist. Laufer’s attorney was suspended from practicing law for defrauding hotels by lying in fee petitions and during settlement negotiations. Consequently, Laufer voluntarily dropped her lawsuit, rendering it moot. In a unanimous decision, the Supreme Court agreed.

    A lawsuit can become moot when its central conflict has been resolved, as was when Laufer withdrew her claim. While the Supreme Court frequently addresses issues of standing, the Court can still address issues of mootness and the cases standing in any order it chooses.

    While this particular lawsuit was declared moot, the split among the circuits regarding tester standing is still “very much alive,” and it is open to ruling on this issue in future cases.

    The Future of Web Accessibility

    216digital is not a law firm; we cannot provide legal advice. However, as experts in web accessibility, we understand that significant Supreme Court cases often influence the accessibility landscape. Although the Court’s ruling in Acheson Hotels, LLC v. Laufer does not alter the law, it signals the Court’s willingness to address concerns regarding the legal standing of ADA testers.

    This stance may dissuade some ADA testers from initiating lawsuits, particularly against well-defended, high-profile defendants. Yet, as we’ve emphasized in previous articles, the prevalence of serious accessibility barriers is not few and far between.

    With the uptick in web accessibility lawsuits each year, prioritizing web accessibility has never been more crucial. To minimize potential legal risks, online businesses must monitor their website’s accessibility and collaborate with accessibility experts to adhere to the WCAG standards.

    Steps Businesses Should Take to Ensure ADA Compliance

    Considering current affairs, it’s crucial that businesses ensure their websites are ADA-compliant. Here are some steps to take:

    1. Audit Your Website: Conduct a thorough website audit using ADA compliance tools or hire a professional.
    2. Follow WCAG Guidelines: The Web Content Accessibility Guidelines are reliable recommendations for making your website accessible. Aim for WCAG 2.1 Level AA compliance, which covers a broad range of recommendations for making web content more accessible.
    3. Regularly Update Your Website: Web accessibility is not a one-time task. Regularly review and update your website to ensure ongoing compliance as guidelines and technologies evolve.
    4. Train Your Team: Ensure your team understands the importance of ADA compliance. Provide them with training on maintaining accessibility during website updates and content creation.
    5. Regular Monitoring: Regularly monitor your website to ensure ongoing compliance.
    6. Consult with an Expert: If in doubt, consult with a web accessibility expert or lawyer specializing in ADA compliance to fully understand your legal obligations and ensure you’re doing everything necessary to comply.

    Learn more about Mitigating ADA Lawsuit Risk: Affordable Solutions for Online Business.

    Protect Your Online Business

    ADA and web accessibility are crucial considerations for all website owners. The debate over whether ADA web accessibility “testers” can sue carries potentially significant implications. Regardless of the outcome, businesses need to strive towards full ADA compliance to avoid lawsuits and ensure a better, more inclusive user experience for all.

    Find out if your website is ADA compliant today by scheduling a 15-minute complimentary website audit and consultation with our experts at 216digital. We can help determine if your website is at risk of a lawsuit and offer fast, effective ADA compliance solutions. This ensures your site is accessible to everyone, reducing your risk of litigation so you can continue focusing on what matters most: running your business.

    Greg McNeil

    July 10, 2023
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
  • A Comprehensive Guide to ADA Web Compliance

    A Comprehensive Guide to ADA Web Compliance

    As a business owner, you are likely aware that the Americans with Disabilities Act (ADA) is a federal law mandating inclusion for people with disabilities in all areas of public life. Did you know, however, that these protections also extend to websites? The number of website accessibility lawsuits has steadily risen — from 2,314 in 2018 to 4,061 in 2022.

    But don’t worry. We’ve got you covered! In this guide, we’ll take a look at what you need to know as an online business owner about the ADA and its implications for your website, including:

    • What is the ADA?
    • Who Has to Be ADA Compliant?
    • How Does the ADA Assess Web Accessibility?
    • The Rise of ADA Web Compliance Lawsuits
    • Why You Need to Take ADA Web Compliance Lawsuits Seriously
    • Find Out If Your Website is ADA Compliant

    What is the ADA?

    The ADA, or the Americans with Disabilities Act, is a federal law that prohibits discrimination against people with disabilities in all areas of public life. The primary goal of this law is to ensure that people with disabilities have the same rights and opportunities as everyone else.

    The ADA draws on the precedent set by Section 504 of the Rehabilitation Act, which guarantees certain rights to people with disabilities. However, the Rehabilitation Act was very limiting, only applying to the government sector (later amended and updated by Section 508).

    What Does the ADA Cover?

    ADA is a very broad piece of legislation that is divided into five titles. The part of the ADA that affects the way that businesses serve customers and employees is called “Title III.”

    Title III of the ADA, which affects how businesses serve customers and employees, prohibits discrimination in “places of public accommodation.” These “public accommodations” refer to privately owned entities such as restaurants, schools, recreation facilities, and retail stores.

    The ADA necessitates two main things:

    1. Employers must provide necessary accommodations for employees with disabilities to perform their job duties, which may involve accessible restrooms and appropriate office equipment.
    2. Businesses must ensure that their services are accessible to customers with disabilities. This requires features such as wheelchair ramps for building entrances, American Sign Language (ASL) interpretations, and accommodations for service animals.

    Who Has To Be ADA Compliant?

    There’s a common misconception that ADA only applies to large corporations or physical brick-and-mortar stores. Any business with 15 or more employees or any that operates publicly must comply with the ADA. However, this rule does not apply to websites—businesses of all sizes may be served with ADA non-compliance litigation.

    That means that ADA affects:

    • Places of entertainment such as theaters and concert halls
    • Restaurants
    • Retail stores
    • Doctors’ offices 
    • State and local government offices, employment agencies, and labor unions
    • Schools and daycare facilities

    Is ADA Compliance Mandatory for Websites?

    While it was clear from the beginning that the ADA would affect brick-and-mortar stores, it was less obvious if it would cover websites and online applications. As the internet and websites started to play a bigger role in how consumers interact with businesses, the way the ADA is applied to web accessibility had to change.

    In 2010, the Department of Justice (DOJ) began rulemaking activity to assert that all business websites are “places of public accommodation” under Title III of the ADA. The final Notice of Proposed Rulemaking, however, has been postponed by the DOJ multiple times.

    It wasn’t until late 2021 and early 2022 that the DOJ entered into multiple settlement agreements concerning the accessibility of websites used for COVID-19 vaccines. These emphasized that the DOJ “…has consistently maintained that the ADA’s requirements apply to all goods, services, privileges, or activities offered by public accommodations, including those offered on the web.”

    Today, US courts apply ADA accessibility requirements to all online domains, including websites and other web-based applications. Consequently, businesses should strive to comply with ADA rules.

    How Does the ADA Assess Web Accessibility?

    Due to the DOJ’s delay in releasing technical standards for web accessibility, confusion has emerged among businesses and website owners about what is required for ADA compliance. As a result, the DOJ often refers to the Web Content Accessibility Guidelines (WCAG), developed by the World Wide Web Consortium (W3C), as the standard for ADA web compliance. 

    WCAG 2.1 Level AA has become the benchmark for ADA web compliance, even referenced in many joint lawsuits with the DOJ. However, it is important to note that there is no legal standard— even achieving WCAG 2.1 AA conformance does not fully protect you from lawsuits. 

    WCAG 2.1 consists of 78 success criteria written as pass-or-fail statements that address common accessibility issues, such as miss or non-descriptive alternative text and keyboard navigation. 

    The Rise of ADA Web Compliance Lawsuits

    An ADA web accessibility lawsuit can be filed by anyone who feels they have been discriminated against due to a website’s inaccessibility.

    The ADA’s relevance to websites and online applications is more than just theoretical. Since 2017, ADA Title III related lawsuits have skyrocketed, with 2,314 lawsuits filed in 2018 and over 4,061 cases in 2022. Overall, web accessibility lawsuits have increased by 175% over the past five years. Furthermore, these figures don’t include the rising number of ADA legal complaints and ADA compliance demand letters sent to businesses with non-accessible websites.

    In 2022, 1,500 demand letters were sent per week. This represents a steep incline in legal actions pursued following the notice of non-accessible websites on the internet. 

    As an online business or website owner, it’s critical to ensure your website is accessible to everyone, regardless of their disability. Doing so not only helps avoid legal action but also broadens your audience.

    What Are the Most Common Accessibility Issues Cited In Legal Claims?

    Most ADA website compliance lawsuits center around a few recurring issues, including:

    1. Missing Image Descriptions or Alt Text: Images should have descriptive alt text that provides context or meaning for those who can’t see them.
    2. Empty Links and Buttons: All links and buttons should have descriptive labels or text to inform users about their purpose.
    3. Info and Content Structure: Information should be organized logically, and the content structure should be easily navigable by assistive technologies.

    Why You Need to Take ADA Web Compliance Lawsuits Seriously 

    Web accessibility cases against large companies like Domino’s, Netflix, and H&R Block made headlines. However, most lawsuits are against small to medium-sized businesses. In 2022, 72% of ADA non-compliance lawsuits involved companies with less than $50 million in annual revenue.

    These lawsuits can lead to stiff penalties. For example, businesses that violate Title III of the ADA may face a maximum civil penalty of $75,000 for a first violation. Subsequent violations have been seen with up to a $150,000 fine. Since the court would inevitably favor the plaintiff, small business owners often feel they have no choice but to settle out of court. But even the average ADA website lawsuit settlement still comes to $35,000. 

    The implications are clear: a non-accessible website is a significant liability for any company operating on the web today.

    Find Out If Your Website is ADA Compliant

    As a website owner, you must ensure your site is accessible to all, including those with disabilities. Understanding ADA Title III is a crucial step toward achieving this goal. Although the process may seem daunting, it’s a worthy investment that helps you avoid legal complications and improves your website’s usability and reach. So, why not start reviewing your website’s accessibility today?

    Find out if your website is ADA compliant today by scheduling a 15-minute complimentary website audit and consultation with our experts at 216digital. We can help determine if your website is at risk of a lawsuit and offer fast, effective ADA compliance solutions. This ensures your site is accessible to everyone, reducing your risk of litigation so you can continue focusing on what matters most: running your business.

    Greg McNeil

    June 15, 2023
    Legal Compliance
    Accessibility, ADA Compliance, ADA non-compliance, ADA Website Compliance, Website Accessibility, Website Accessibility Tools
  • Mitigating ADA Lawsuit Risk: Affordable Solutions for Online Businesses

    Mitigating ADA Lawsuit Risk: Affordable Solutions for Online Businesses

    Are you worried about your ADA compliance as an online business owner or website manager? If so, you may be aware that many companies have faced lawsuits due to non-compliance with the Americans with Disabilities Act (ADA). These guidelines protect people with disabilities and provide barrier-free access to web content. Failing to comply with these guidelines could lead to costly legal battles. However, achieving full ADA compliance might appear daunting and costly.

    The good news is that there are several steps you can take to mitigate the risk of an ADA lawsuit without breaking the bank. In this blog, we will discuss practical and budget-friendly solutions to enhance your website’s accessibility.

    The Americans with Disabilities Act

    The Americans with Disabilities Act is a civil law that protects the rights of people with disabilities in all areas of public life. While the ADA does not explicitly mention online content, the courts have clarified that the law does apply to websites, specifically Title III. Title III of the ADA prohibits the discrimination of those with disabilities in places of public accommodation.

    In fact, in 2010, the Department of Justice (DOJ) stated that websites are public places subject to the ADA’s requirements. Unfortunately, this ruling has exposed millions of online businesses to the risk of a frivolous ADA lawsuit.

    What is an ADA Web Accessibility Lawsuit?

    An ADA Web Accessibility Lawsuit can be filed by anyone who feels that they have been discriminated against due to the inaccessibility of a website. The consequences of such a lawsuit can be severe, including hefty fines, legal fees, and damage to the business’s reputation.

    In recent years, there has been an increase in lawsuits filed against website owners for failing to comply with ADA. In 2022, 2,387 web accessibility lawsuits were filed in Federal and California State Courts under the Unruh Act. However, 97% of demand letters are settled and never evolve into a case. This means plaintiffs sent more than 1,500 demand letters per week in 2022.

    As an online business or website owner, it is essential to ensure your website is accessible to everyone, regardless of their disability. By doing so, you can not only avoid legal action but also open yourself up to a wider audience and improve the overall user experience for your customers.

    How to Mitigate the Risk of a Website Accessibility Lawsuit

    The best way to avoid an ADA lawsuit is to ensure your website is accessible to all users, including those with disabilities. You may not have the time or money to make your site fully compliant, but fear not! There are steps you can take to make your website more accessible:

    Conduct a Self-Evaluation

    The first step is understanding your website’s current level of accessibility. Conduct a self-evaluation of your website to identify areas where it may not comply with the ADA. This can involve using automated testing tools or manual testing with assistive technologies such as screen readers.

    Many free tools are available online to help with this process, such as WAVE (Web Accessibility Evaluation Tool) and Google Lighthouse. These tools will generate reports highlighting areas of your website that need improvement, making it easier to prioritize the most critical issues.

    Prioritize High-Impact Issues

    Not all accessibility issues carry equal weight. To make the most of your limited time and resources, focus on the high-impact issues that will benefit the most users. These may include:

    • Ensuring your website is keyboard-accessible
    • Providing alternative text descriptions for images
    • Offering clear and concise labels for forms and buttons
    • Navigational menus and links

    Addressing these areas will significantly improve the user experience for those with disabilities, reducing the likelihood of complaints and lawsuits.

    Develop a Plan

    Now that you’ve identified and prioritized your website’s accessibility barriers, develop a plan to address them. Break your plan into manageable steps, set realistic deadlines, and allocate resources accordingly. While it might not be possible to address all issues immediately, demonstrating a commitment to improving accessibility can help mitigate legal risks.

    Add an Accessibility Statement and Contact Information

    Include an accessibility statement to demonstrate your commitment to web accessibility. This can be an essential part of your defense in an ADA lawsuit. Your statement should include information about your commitment to accessibility, steps taken to improve accessibility, and how users can report issues or request accommodations.

    Make sure your contact information is easily accessible on your website, allowing users with disabilities to reach out to you with concerns or suggestions.

    Be Responsive to Complaints

    Addressing accessibility complaints promptly and effectively can demonstrate your commitment to making your website more accessible. If a user reports an issue, take the time to understand their concerns and work to resolve the problem as quickly as possible. In addition, documenting your responsiveness to complaints can be invaluable in case of a legal challenge.

    Keep an Eye on Updates

    Web accessibility standards and best practices are constantly evolving. Stay informed about updates to the Web Content Accessibility Guidelines (WCAG) and other relevant resources, such as the ADA‘s website. Regularly reevaluate your website to ensure that it remains compliant with current standards.

    Get an ADA Lawsuit Risk Audit

    Finally, consider investing in a professional ADA lawsuit risk audit. While it may be an additional expense, a professional audit can provide valuable insights into your website’s accessibility status and potential legal risks. An audit can help identify areas that need improvement and provide guidance on how to address them.

    Prevent an ADA Website Lawsuit

    Achieving full ADA compliance can be challenging, especially for small businesses with limited time and resources. However, it’s essential to keep in mind that, even if you take these steps, it is still possible to be sued for having a website that is not fully compliant with the ADA. But, by taking these steps, you can demonstrate that you are taking the matter seriously and making a good-faith effort to comply with the law. Remember, the key is to be proactive, prioritize high-impact issues, and demonstrate a commitment to accessibility. By doing so, you’ll protect your business from legal exposure and create a more inclusive online experience for all users.

    216digital Specializes in Web Accessibility

    If you would like to learn more about your risk of an ADA lawsuit and the steps you can take to protect your website against frivolous ADA lawsuits, schedule a complementary ADA Strategy Briefing with 216digital.

    216digital’s can let you know whether your website is at risk of an ADA lawsuit and provide professional services dedicated to ensuring your website stays off of the radar of predatory law firms so you can continue focusing on what matters most, running your business.

    Greg McNeil

    April 28, 2023
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Web Accessibility, ADA Website Compliance, Website Accessibility
  • Facing an ADA Web Accessibility Lawsuit? Here’s What You Should Do

    Facing an ADA Web Accessibility Lawsuit? Here’s What You Should Do

    As an online business owner, the last thing you want is a lawsuit on your hands. Of course, you may have heard about the Americans with Disabilities Act (ADA) and how it affects your website. But what happens if you’re faced with an ADA web accessibility lawsuit? Don’t worry, we’ve got you covered! This article will guide you through the process, covering everything from consulting your attorney to negotiating a settlement.

    What is an ADA Web Accessibility Lawsuit?

    A web accessibility lawsuit is a legal action taken against a website owner for violating the ADA due to a lack of accessibility on a website. The ADA is a civil law that protects the rights of people with disabilities in all areas of public life.

    While ADA law does not explicitly mention digital content, the courts have interpreted the law to also apply to websites — specifically, Title III. Title III prohibits the discrimination of those with disabilities in places of public accommodation. In 2010, the Department of Justice (DOJ) stated that websites are public places and are subject to the ADA’s requirements.

    In recent years, there has been an increase in lawsuits filed against website owners for failing to comply with the ADA. In 2022, there were 2,387 web accessibility lawsuits filed in Federal and California State Courts under the Unruh Act. However, each year there are an untold number of demand letters issued by law firms threatening legal action. It is estimated the number of ADA lawsuits filed each year is only a small fraction of the demand letters sent.

    So, what should you do if you receive a demand letter?

    Do Not Ignore the Demand Letter

    If you receive a demand letter regarding your website’s accessibility, it’s crucial not to ignore it. This letter is often the first step in an ADA lawsuit and gives you a chance to address the issue before things escalate.

    Ignoring the letter could result in a lawsuit, potential fines, and damage to your business’s reputation. Instead, take this opportunity to address the issues mentioned in the letter and avoid further legal complications.

    But what if it’s too late, and you have already received an ADA web accessibility lawsuit? How should you respond?

    How to Respond to an ADA Website Lawsuit

    Suppose you find yourself facing an ADA web accessibility lawsuit. In that case, it’s crucial to understand the steps you should take to protect your business and resolve the issue.

    1. Consult an Attorney

    If you receive a complaint alleging that your website does not comply with ADA web accessibility guidelines, the first thing you should do is consult an attorney. Find a lawyer experienced in ADA compliance to help you understand the lawsuit and determine the best course of action. Your attorney will review the complaint, determine its validity, and advise you on the necessary steps to address the issues raised.

    2. Review and Answer the Complaint

    After consulting with your attorney, you will need to review the complaint thoroughly. This includes understanding the specific accessibility barriers the plaintiff claims to have encountered on your website. Then, work with your attorney to craft a response to the complaint. Address each of the allegations in the complaint and provide any necessary evidence to support your case. It’s essential to respond promptly and professionally. Any delays or lack of cooperation may negatively impact your case.

    3. Get a Website Audit

    Now that you know what the issues are in the complaint, you need to determine if your website is truly non-compliant. The best way to do this is by getting a website audit. A web accessibility expert will evaluate your website, identify any issues, and provide recommendations on how to make it ADA-compliant.

    4. Remediate the Website

    Once you have identified the issues with your website, it’s time to remediate them. This means updating your website to meet the Web Content Accessibility Guidelines (WCAG) and addressing specific issues in the lawsuit. It’s crucial to work closely with your web developer and accessibility consultant to ensure all the changes are implemented correctly. Keep in mind that making your website accessible is an ongoing process. It’s essential to monitor and maintain your accessibility over time.

    5. Communicate with the Plaintiff

    Throughout this process, maintain open communication with the plaintiff. Keeping the lines of communication open will demonstrate your commitment to resolving the issue and may lead to a more favorable outcome. Be transparent about the steps you’re taking to make your website accessible. This can help establish goodwill and demonstrate your commitment to resolving the issue. In some cases, proactive communication may lead to a quicker and more favorable resolution.

    6. Negotiate a Settlement

    If appropriate, negotiate a settlement with the plaintiff to resolve the lawsuit. Work with your attorney to negotiate a fair and reasonable settlement that both parties find acceptable. This may include monetary compensation for the plaintiff, a commitment to make your website accessible, and an agreement to cover the plaintiff’s attorney’s fees.

    Don’t Wait to Get Sued: Prevent an ADA Website Lawsuit

    It’s important to note that it is always better to proactively make your website accessible to individuals with disabilities in order to avoid getting sued in the first place. If a lawsuit has already been filed, it’s essential to work quickly to come into compliance and to demonstrate a good faith effort to resolve the issue.

    It’s also important to keep in mind that even if you make your website compliant, it doesn’t mean that you are protected from any future lawsuits, as the standards are constantly evolving, so it’s crucial to keep your website updated and accessible for all users.

    Worried About a Web Accessibility Lawsuit

    Developed from our experience completing over 300 ADA remediation projects, 216digital’s Phase I ADA Remediation is custom developed to chart the steps you can take to quickly put your company in a position of strength to settle your ADA lawsuit. Each Phase I ADA remediation project is custom developed incorporating ADA Phase I remediation plan, timeline, staff training, and ongoing monitoring services. To learn more about engaging the ADA experts from 216digital to develop and lead a Phase I remediation project as part of your ADA lawsuit defense strategy, schedule a complementary ADA Strategy Briefing.

    Greg McNeil

    April 10, 2023
    Legal Compliance
    Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility
  • Do PDFs Need To Be Web Accessible?

    Do PDFs Need To Be Web Accessible?

    PDFs have become a content staple for online businesses. From brochures and forms to e-books and reports, everyone uses PDFs, and with good reason. They’re compatible with most online content and are the ideal way to share and view information online.

    But have you ever considered how accessible these documents are for disabled users? Despite their many advantages, PDFs often remain a closed book for people with disabilities.

    Read on to learn what an accessible PDF is, how it will benefit your online business, and how to make your PDF files accessible to everyone.

    The Popularity of PDF Documents

    It’s not surprising that PDFs are used so much in the workplace. They are the perfect medium for presenting different types of information in a single document. Text, photos, charts, logos, and other items become fixed in a PDF, so the end-user can’t delete or reorder page elements.

    PDFs also preserve the original formatting, fonts, and layout across different devices and operating systems. This ensures that your documents look the same to all users, regardless of their device.

    Today, PDFs are the most widely used online document format. However, not all PDFs are made with accessibility in mind. While they may appear visually perfect, they can pose challenges for people with disabilities. But why are web-accessible PDFs important?

    Why is PDF Accessibility Important?

    While many businesses use PDFs for essential purposes, it’s important to remember that all online content must be fully accessible. Title III of the Americans with Disabilities Act (ADA) requires businesses open to the public to provide complete and equal access to people with disabilities. Moreover, the Department of Justice (DOJ) has continuously taken the position that the ADA does apply to all online content, including PDFs.

    When authoring your online documents, you must avoid creating barriers for individuals with disabilities. For example, many PDFs need the appropriate tags to define their structure and non-text content. These issues can create barriers for people who use screen readers and other assistive technologies. In that case, you may expose yourself to legal implications and accessibility-related lawsuits. So don’t take the risk; ensure that your PDFs are accessible.

    Aren’t all PDFs Web Accessible?

    Contrary to popular belief, PDFs are not automatically web-accessible. While all PDFs are created using standard desktop publishing tools, they are not explicitly designed with accessibility in mind. As a result, many PDFs contain severe obstacles that can be difficult for users with disabilities to navigate or understand.

    For example, suppose someone with low vision or who is legally blind uses a screen reader. In that case, they won’t be able to read a standard PDF if it lacks alternative text descriptions for images. This is because assistive technology tools like screen readers are not automatically compatible with PDFs.

    In order to make PDFs truly accessible, additional efforts must be taken to address these concerns.

    How are Accessible PDFs Different?

    The fundamental difference between an accessible and inaccessible PDF file is that one can be accessed, viewed, and interacted with by everybody. For a PDF to be considered accessible, it must meet a set of accessibility guidelines:

    1. Web Content Accessibility Guidelines (WCAG): WCAG is the set of guidelines created by the World Wide Web Consortium (W3C) to make web content more accessible to people with disabilities. They provide pass-or-fail success criteria with recommendations that can be applied to web-delivered documents.WCAG 2.1 is the current standard, including specific guidelines for PDF accessibility.
    2.  PDF/UA 1 (ISO 14289-1)  This is an international standard for accessible PDFs, which provides detailed technical specifications for creating accessible documents.

    What Are Tag Trees, and How Do They Help Make PDFs Web Accessible?

    Tagged trees, or “tag trees,” are the main elements for making a PDF accessible. These tags tell assistive technologies how to read the PDF content and identify headings, paragraphs, sections, and tables.

    They ensure that assistive tech tools move from section to section in the correct order without skipping non-text items like graphs or images. By doing so, tag trees can help convey information about the document’s layout, reading order, and organization to assistive technologies.

    Tag trees help make a PDF accessible in several ways:

    1. Reading Order:  Properly tagged PDFs define the correct reading order for the content, ensuring that the text is presented in a logical sequence that makes sense to the user. This is especially important for screen reader users who rely on a linear reading experience.
    2. Alternative Text: Tags can include alternative text descriptions for non-text elements, such as images or charts. This allows screen readers to convey the purpose or meaning of these elements to users who cannot see them.
    3. Navigation: Proper tagging enables users to navigate between different sections or elements of the document easily. For example, the user wants to move from one heading to another or jump to a specific list or table, proper tagging makes this possible.

    To make PDFs accessible, they must be appropriately tagged. This can be done using various tools and software, such as Adobe Acrobat Pro, which allows you to add, edit, or validate tags in a PDF. By making PDFs accessible through the use of tag trees, you help ensure that people with disabilities can access, navigate, and understand your documents more effectively.

    How to Make Your PDF Accessible

    PDFs can be made accessible if you structure and tag them correctly to meet accessibility standards. However, creating your document with accessibility in mind from the beginning is much easier than editing it once it has been made!

    Here are some tips to make your PDFs more accessible:

    • Add descriptive text for images, charts, and other non-text elements.
    • Ensure that your document follows a clear hierarchy with headings, lists, and tables (i.e., H1, H2, H3)
    • Choose fonts that are easy to read and ensure sufficient contrast between text and background colors.
    • If interactive form fields need to be completed, ensure the user can enter values and move from one field to the next logically using the keyboard.

    Some tools like Adobe Acrobat Pro and Acrobat DC add tags automatically with the “save as accessible PDF” function. However, they are not perfect. You’ll still need to check tags manually to ensure they match the content and are ADA-compliant.

    How to Check PDFs for Web Accessibility

    Every organization needs to consider accessibility from the first stages of document creation. PDFs are not only a legal requirement in many jurisdictions but also a smart business strategy. By making your PDFs accessible, you can reach a larger audience, improve your SEO, and demonstrate your commitment to inclusivity. Start implementing web accessibility into your PDF documents today by scheduling a complementary ADA Strategy Briefing with 216digital. Unlock the full potential of your online business.

    Greg McNeil

    April 10, 2023
    Legal Compliance, WCAG Compliance
    Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility, Website Accessibility Tools
  • Who Enforces ADA Web Compliance

    Who Enforces ADA Web Compliance

    ADA web compliance is not optional. The Americans with Disabilities Act (ADA) is a law that prohibits discrimination against people with disabilities. The ADA covers many areas of life, including the internet. However, not all websites are ADA web compliant, and enforcing those laws can be difficult. But who enforces ADA web compliance, and what does this mean for businesses and organizations?

    Below, we’ll take a closer look at enforcing ADA web compliance — and provide tips for making sure your online content is fully compliant.

    What is ADA Web Compliance?

    ADA web compliance refers to the adherence of websites to the Americans with Disabilities Act (ADA), a law enacted in 1990 to protect the rights of people with disabilities and requires that places of public accommodation provide equal access. In recent years, this has been extended to websites and digital content.

    People with disabilities can use websites and applications when properly designed and coded. However, many have barriers that make it difficult or impossible for some people to use.

    Some common ways to ensure ADA web compliance include:

    • Including alternative text descriptions for images and multimedia content
    • Incorporating captioning or transcripts for audio and video content
    • Implementing a skip navigation link for keyboard navigation

    Enforcing ADA Web Compliance

    The Department of Justice (DOJ) is the federal agency enforcing the ADA. In 2010, the DOJ issued new regulations that established specific requirements for ADA web compliance. These regulations would provide specific technical standards for ADA web compliance.

    However, in 2017 the DOJ put the final regulations on hold. This has created uncertainty and led to confusion among businesses and website owners about what is required to achieve ADA compliance. As a result, the DOJ has referred to the Web Content Accessibility Guidelines (WCAG) as the standard for ADA web compliance. WCAG was developed by the World Wide Web Consortium (W3C) to set internationally shared guidelines for web content accessibility. The DOJ has even joined lawsuits against businesses and organizations that have failed to meet the WCAG standards.

    The Department of Justice Enforcing ADA Web Compliance

    In recent years, the number of ADA web compliance lawsuits has skyrocketed. These lawsuits are filed under Title II, which applies to government websites, and Title III, which applies to private businesses and other places of public accommodation.

    The DOJ has repeatedly reiterated that these laws also apply to websites. These investigations can lead to stiff penalties. For example, businesses that violate Title III of the ADA may face a maximum civil penalty of $75,000 for a first violation. Subsequent violations have a maximum fine of $150,000.

    H&R Block ADA Lawsuit

    In one such case, the DOJ filed a lawsuit against H&R Block, a tax preparation company, for failing to make their website ADA web compliant. As a result, H&R Block had to make its website accessible and pay $100,000 in damages to the individuals affected by their non-compliance. This case serves as a warning to website owners that the DOJ is serious about enforcing ADA web accessibility.

    However, the DOJ usually only investigates ADA violation if it affects a large number of consumers, as a result, most cases are initiated through private litigation.

    Who Can File a Web Accessibility Lawsuit?

    Anyone with a disability who has been denied access to a website or digital platform due to inaccessibility can file a lawsuit against the business or organization that owns or operates the site. However, the law does not contain a list of qualifying disabilities.

    To meet the ADA’s definition of disability, the plaintiff must meet one of the following descriptions:

    • Mental or physical impairment limiting one or more major life activities.
    • History or record of such an impairment
    • Can be perceived by others as having an impairment.

    If the lawsuit is successful, the plaintiff may recover legal expenses. Plaintiffs may also obtain federal court orders to stop ADA violations.

    How Common Are ADA Lawsuits?

    The number of ADA digital accessibility lawsuits has skyrocketed. In 2022, there were more than 4,000 web accessibility lawsuits filed in the United States under the Unruh Act.

    Many of these lawsuits are filed by a small number of plaintiffs and law firms. For example, the top 10 plaintiff law firms account for 75% of all federally filed cases. However, most ADA compliance cases are settled before going to trial. As a result, businesses and organizations that prioritize web accessibility and take proactive steps to improve accessibility are much less likely to face legal action.

    Make Sure Your Website is ADA Web Compliant

    By conforming with the WCAG guidelines, businesses can limit their legal risk. However, it’s essential to understand that web accessibility has profound benefits apart from legal compliance.

    Modern consumers value diversity, equity, and inclusion. As a result, accessible websites help to promote brand loyalty and customer retention. In addition, accessibility can help search engines crawl and index your site. This can help improve your search engine position and deliver a better experience for everyone.

    You can embrace web accessibility by taking a few simple steps:

    • Conduct an audit. Use a combination of manual and automated tests to find and remediate barriers.
    • Train your team about the importance of ADA web compliance. Your team should be aware of basic WCAG guidelines to avoid unintentionally adding  barriers with content updates to your website.
    • Create a plan for maintaining ADA web compliance. Accessibility is an ongoing process. Work with an accessibility partner to adopt (and maintain) a best-practice approach.

    Team up with 216digital for ADA Web Compliance

    Whether you want to protect against a frivolous ADA accessibility lawsuit or become WCAG 2.1 AA compliant, we have you covered. Through years of analyzing ADA lawsuits, we have uncovered how law firms target websites for frivolous ADA lawsuits and how to protect businesses against them. Our team of accessibility experts can also develop strategies to integrate WCAG 2.1 compliance into your development roadmap on your terms. So don’t wait any longer—find out where you stand by scheduling a complementary ADA Strategy Briefing today.

    Greg McNeil

    April 10, 2023
    Legal Compliance
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