ADA Compliance Archives /Tag

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

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

The Americans with Disabilities Act: An Overview

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

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

The Risks of Non-Compliance

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

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

Costly Settlements & Legal Fees

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

Civil Penalties

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

Harm to Brand Reputation

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

Mandatory Remediation

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

When Do You Need an ADA Lawyer?

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

Receiving a Demand Letter or Lawsuit

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

Navigating ADA Compliance Standards

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

Reviewing Accessibility Policies and Practices

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

What Is an ADA Lawyer?

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

How is an ADA Lawyer Different from Your Current Attorney?

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

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

What to Look for When Hiring an ADA Lawyer

Proven Experience in ADA and Digital Accessibility Cases

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

Deep Knowledge of WCAG and Accessibility Standards

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

Strong Reputation and Reliable Referrals

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

A Proactive, Compliance-First Approach

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

Clear, Upfront Pricing

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

Proactive Steps to Avoid Legal Issues

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

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

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

Start Your Journey Toward Accessibility Today

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

February 18, 2025

Legal Compliance

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

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

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

The Americans with Disabilities Act (ADA)

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

Who Needs to Follow ADA-Compliance?

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

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

ADA Compliance Fines and Penalties

The ADA has five main sections, or “titles”:
1. Title I: Employment – Overseen by the Equal Employment Opportunity Commission (EEOC).
2. Title II: Public Services – Managed by the Department of Justice (DOJ).
3. Title III: Public Accommodations – Also enforced by the DOJ.
4. Title IV: Telecommunications – Governed by the Federal Communications Commission (FCC).
5. Title V: Miscellaneous Provisions – Covers other ADA rules and details.
Both government agencies and private individuals can bring a lawsuit. If the DOJ believes your violation is especially serious, it might launch an investigation, require you to pay fines, and order you to fix your site. Individuals who face barriers can also sue you for blocking their access.

Fines for Non-Compliance

If you’re found guilty of violating ADA-compliance, the penalties can be steep:
- First-Time Violations: Penalties can range from a few thousand dollars up to $75,000.
- Repeat Violations: If an organization violates the ADA again, the fines can rise to $150,000 or more.
- Legal Fees: You may also have to cover legal costs for both your own business and the person who filed the complaint.
Fines can grow even higher if the problem persists. Business owners sometimes face ongoing penalties until they fix the issues. This can take a heavy toll on smaller companies that do not have large budgets. Apart from financial damage, there is also the risk of negative press. A major lawsuit can harm your brand and push potential customers away.

Common ADA Violations

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

Government-Initiated ADA Lawsuits

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

Private ADA Lawsuits

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

Costs Beyond Fines
- Legal Fees: Defending a lawsuit can rack up thousands in attorney fees.
- Settlements: Many businesses settle out of court, which still means paying money and fixing the accessibility issues.
- Reputation Hits: Negative headlines can scare off customers and partners alike.
Practical Tips to Stay ADA-Compliant

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

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

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

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

February 17, 2025

Legal Compliance

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

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

FTC’s Allegations Against accessiBe

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

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

Legal Challenges Faced by accessiBe

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

Limitations of AI in Web Accessibility

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

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

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

Best Practices for Achieving True Compliance

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

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

Partnering with Experts for Comprehensive Accessibility Solutions

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

Conclusion

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

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

Greg McNeil

February 10, 2025

Legal Compliance

accessiBe, Accessibility, ADA Compliance, Ai and Overlay Widgets, Website Accessibility
Is Your Website an Accessibility Heartbreaker?
Imagine this: You’re on a first date. The atmosphere is warm, the conversation flows easily, and everything feels right. That’s the power of a great first impression. Now, imagine the opposite—a cold, awkward encounter where nothing seems to click. Not exactly the love story you were hoping for, right?

Well, your website’s first impression works the same way. An accessible website makes users feel welcomed, valued, and engaged—just like a great first date. It’s the kind of experience that keeps them coming back for more. But, if your website isn’t accessible, it can be a huge turnoff. Users will get frustrated, bounce off your site faster than a bad date, and you’ll lose valuable business opportunities. Worse yet, accessibility issues can even lead to legal risks. No one wants that heartbreak.

In this article, we’re going to talk about common accessibility mistakes that could break users’ hearts and, more importantly, how to fix them. Let’s make sure your website is a love story in the making!

Common Accessibility Heartbreakers (Mistakes to Avoid)

Just like a bad date can ruin your chances for a second one, these accessibility mistakes can send users running for the door. Let’s fix these issues before they break anyone’s heart.

1. The Ghosted Visitor: No Keyboard Navigation

Imagine trying to navigate a website without a mouse. For many users with mobility impairments, the keyboard is their only way of interacting with your site. If they can’t use the Tab key to move through links, buttons, or form fields, they’re essentially locked out.

Fix

Make sure all interactive elements are accessible via keyboard. This includes buttons, links, form fields, and menus. Also, don’t forget about the :focus state to show users where they are on the page. And, please—no keyboard traps! These occur when users can’t escape pop-ups or dropdowns using their keyboard. No one wants to be stuck on a bad date (or website)!

2. The Mixed Signals: Low Contrast & Illegible Fonts

Ever tried reading a text message with tiny, light-colored text against a white background? Not easy, right? Now, imagine the same thing on your website. Low contrast and hard-to-read fonts create accessibility barriers, especially for users with visual impairments or color blindness.

Fix

Follow the Web Content Accessibility Guidelines (WCAG) contrast ratios—4.5:1 for normal text and 3:1 for large text. Choose fonts that are easy on the eyes (think: no overly decorative or script fonts). Also, give your text some breathing room by adjusting the spacing between letters, words, and lines. A little space goes a long way in readability!

3. The Silent Treatment: Missing Alt Text & Screen Reader Issues

When you don’t provide alt text for images, it’s like leaving a text on read. Users who rely on screen readers won’t be able to understand what the image is about, and that can make them feel left out. Also, if your graphics aren’t properly described, you’re leaving users in the dark.

Fix

Make sure all informative images have descriptive alt text. If an image is purely decorative, use alt=”” so it doesn’t clutter the screen reader’s output. And don’t forget about interactive elements like buttons or icons—be sure to give them proper ARIA labels or text descriptions.

4. The Disappearing Act: Poor Focus Indicators

Just like you wouldn’t want your date to disappear mid-conversation, you don’t want users to lose track of where they are on your website. When focus indicators are missing, especially when navigating via keyboard, it becomes frustrating and confusing.

Fix

Ensure focus styles are visible and easy to spot. For example, use outline: 2px solid #color; for a visible focus state. Never remove focus outlines with CSS (outline: none; is a dealbreaker!). Make sure to test your site by navigating with the Tab key yourself, so you know exactly what your users will experience.

5. The Confusing Relationship: Inconsistent Heading Structure

Headings are like road signs—they guide users (and screen readers) through your content. If your heading structure is all over the place, it’s like showing up to dinner only to realize your date is more lost than the dessert menu.

Fix

Stick to a consistent heading structure. Use <h1> for the main page title, followed by <h2> for section headers, and <h3> for subsections. Avoid using headings just for styling purposes—use CSS for that! Keep headings concise and meaningful to help users (and screen readers) navigate through your content.

6. The Commitment Issues: Unlabeled Form Fields

Form fields without labels are like trying to have a conversation without saying anything meaningful. For users who rely on screen readers or voice input, unlabeled fields are confusing and make the experience feel like a dead end.

Fix

Clearly label all form fields using <label> elements. If a visible label isn’t possible, use aria-label or aria-labelledby. And when users make mistakes on a form, don’t just say “Invalid input.” Offer helpful error messages with guidance on how to fix the issue.

7. The Unwanted Surprise: Auto-Playing Content

Auto-playing videos or audio are the equivalent of a surprise PDA—some people just aren’t into it. For users with cognitive disabilities, or those using screen readers, auto-playing content can be disorienting and disruptive.

Fix

Give users control over media playback. Allow them to pause, stop, or mute the content. If you must have autoplay, make sure the audio is muted by default. Also, provide captions and transcripts for multimedia content to make it accessible to everyone.

Winning Hearts: Making Your Website More Accessible

Creating an accessible website isn’t just about fixing the mistakes we’ve talked about; it’s about going the extra mile to make sure everyone feels welcome. Here are a few tips to help you win hearts and minds:
- Run an accessibility audit using tools like Lighthouse or WAVE. These tools help you spot potential issues and offer suggestions for improvement.
- Get feedback from real users with disabilities. There’s no better way to find out what works and what doesn’t than by talking to the people who need accessibility features most.
- Follow WCAG guidelines and keep accessibility in mind with every design and development decision. It should be a priority, not an afterthought.
- Make accessibility a long-term commitment. It’s not a one-time fix; it’s an ongoing process. Keep testing and improving to ensure that your site is always inclusive and user-friendly.
Don’t Let Your Website Be a Heartbreaker

At its core, accessibility isn’t just about compliance—it’s about creating an inclusive, welcoming experience that keeps users engaged and happy. When your website prioritizes accessibility, you’re showing every visitor that they are valued, respected, and included. And that’s the kind of love story worth telling.

So, is your website ready to sweep visitors off their feet? Let’s make sure it is. Schedule an ADA briefing with 216digital today to ensure your site is accessible, user-friendly, and legally compliant. Because when it comes to accessibility, the best love story is one where no one gets left out!
Greg McNeil

February 3, 2025

The Benefits of Web Accessibility, WCAG Compliance

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

1. Growing Awareness of Accessibility Rights

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

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

2. The Rapid Expansion of Digital Technologies

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

3. Legal Precedents and Heightened Enforcement Trends

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

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

4. The Impact of Accessibility Testing Tools

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

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

5. The Demand for Proactive Accessibility Compliance

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

The Time to Act on Accessibility Is Now

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

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

January 31, 2025

Legal Compliance

2025, ADA Compliance, ADA Lawsuit, ADA Lawsuits, ADA Website Compliance, web accessibility lawsuits
Web Accessibility: A Must for Small Businesses
Ever wonder if your website might be quietly turning people away?

As a small business owner, you already have plenty to juggle—so it’s easy to think web accessibility isn’t a top priority. But what if ignoring it costs you sales, hurts your reputation, and even puts you at risk for legal trouble?

The good news is that it’s never too late to start. By making your site accessible to everyone, you can reach more customers, show you care about every visitor, and stand out in a crowded market. Let’s explore why web accessibility matters and how simple steps can make a big difference for your business.

What Is Web Accessibility?

Web accessibility means designing websites so everyone can use them, including people with disabilities. It involves making sure your site works for those relying on screen readers, keyboard navigation, or other assistive tools. This includes people who have visual or hearing impairments, limited mobility, or cognitive differences.

But accessibility benefits more than just people with disabilities. It also helps those with temporary injuries, older devices, or slow internet, and those who can’t hear audio in noisy places. By following standards like the Web Content Accessibility Guidelines (WCAG), your small business can create a smoother, more inclusive online experience for every visitor.

Why Accessibility Matters for Small Businesses

Reach More Customers

The Centers for Disease Control and Prevention (CDC) says that more than 1 in 4 adults in the United States have some type of disability. That’s a huge group of potential customers who may struggle with a site that isn’t accessible. But accessibility also helps others—like older adults, people with temporary injuries, or those using slow internet.

By making your site easier to use, you can connect with a bigger, more diverse audience. In fact, studies show that businesses that focus on accessibility can see up to a 20% increase in their customer base.

Improve Your SEO

Did you know that accessible websites can rank higher in search results? Search engines favor sites that are easy to read and navigate. Features like clear headings, alt text for images, and proper HTML tags not only help users but also boost your SEO.

For example, the radio program This American Life added transcripts for each episode, increasing search traffic by almost 7%. By making your site more accessible, you, too, can improve your visibility and attract more organic traffic.

Build a Better Brand

People today care about inclusivity. A 2023 study showed that 70% of consumers prefer brands committed to diversity and inclusion. By making your website accessible, you show that you value every customer. This builds trust and loyalty, setting you apart from other businesses.

Avoid Legal Risks

The Americans with Disabilities Act (ADA) requires businesses to make their services, including websites, accessible. If you don’t, you might face expensive lawsuits. In 2024, over 4,000 ADA lawsuits were filed, and more than 33% targeted small businesses.

Why the focus on small businesses now? First, there are more small businesses overall. Second, large companies have been dealing with accessibility lawsuits for years, so many have strong accessibility programs already in place. Settlements can cost anywhere from $10,000 to $100,000—plus legal fees. By making your site accessible now, you can avoid these risks and show customers you care.

Don’t Let Cost Hold You Back

Improving accessibility takes time and money, but it doesn’t have to break the bank. Start with the biggest issues, like adding alt text or fixing color contrast. These small changes can make a huge difference. Plus, if you’re in the U.S., you may qualify for the Disabled Access Credit to help with costs.

Including accessibility from the start also saves money later. You won’t need expensive redesigns or add-ons if you prioritize accessibility now. Accessible sites often run more smoothly, which can reduce hosting and maintenance costs in the long run.

Practical Steps to Start Your Accessibility Journey

Feeling overwhelmed? Don’t worry—you can begin with small, simple steps:

Check Your Site’s Accessibility

Regularly audit your website for accessibility issues. There are free tools like WAVE and Google Lighthouse that can help you identify problems, such as missing alt text for images. For a deeper look, think about hiring an accessibility expert.

Stay Informed and Up-to-Date

Web Content Accessibility Guidelines (WCAG) and best practices can evolve over time. Stay informed about any changes and make updates to your website as necessary to remain compliant.

Train Your Team

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.

Offer Accessible Customer Support

Provide different ways for people to contact you—phone, email, or live chat. Make sure these options are usable by everyone, including people with assistive devices.

How Accessibility Helps Your Business

When you make your website accessible, you can:
- Increase Sales: If your site is easier to use, more people will stay and buy.
- Boost Customer Loyalty: People remember brands that make them feel included.
- Strengthen Your Brand: Being known for inclusivity helps you stand out.
Take the First Step

Starting your journey toward accessibility doesn’t have to be scary. Take small actions, keep improving, and celebrate your wins. The benefits—like reaching more customers, getting better SEO results, and strengthening your brand—are worth the effort.

At 216digital, we will help develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms so that you can focus on what matters: your business. Don’t wait—make your website accessible now. Schedule an ADA briefing with us to get started!
Kayla Laganiere

January 15, 2025

The Benefits of Web Accessibility

Accessibility, ADA Compliance, Benefits of Web Accessibility, Small Business, Website Accessibility
Writing Code for Web Accessibility: A Guide for Developers
Coding often feels like speaking a secret language—it’s complex, intricate, and incredibly rewarding. Including web accessibility in your workflow isn’t about reinventing the wheel; it’s about refining your craft to ensure your work reaches everyone. Accessible code builds on the practices you already know, with small adjustments that make a significant impact. In this guide, we’ll explore actionable steps to help you create accessible, user-friendly websites that leave no user behind.

What Is Accessible Code?

Accessible code ensures everyone can interact with your website, regardless of ability. Following standards like the Web Content Accessibility Guidelines (WCAG) helps create an inclusive space for all users. By integrating accessibility, you’re not just meeting legal requirements but building a better, more welcoming web experience.

Accessibility encompasses several aspects, including:
- Visual Accessibility: Making visual content perceivable by users with visual impairments, often through tools like screen readers.
- Interactive Usability: Ensuring interactive elements work seamlessly with keyboards, touchscreens, or voice commands.
- Content Clarity: Structuring information logically to assist users with cognitive impairments.
- Compatibility: Writing robust code that works with assistive technologies and adapts to future updates.
The Four Golden Rules of Accessibility: POUR

The foundation of accessible code is rooted in WCAG’s four guiding principles: Perceivable, Operable, Understandable, and Robust (POUR). These principles ensure your website is usable for everyone. Let’s break them down:
- Perceivable: Users must be able to see or hear content.
  - Provide text alternatives for non-text content like images (e.g., alt text).
  - Use captions and transcripts for multimedia content.
- Operable: Interactive elements must be usable with any input device.
  - Ensure keyboard navigation works for all features.
  - Include features like skip-to-content links to improve navigation.
- Understandable: Content and interfaces should be easy to comprehend.
  - Label forms clearly and provide concise instructions.
  - Write meaningful error messages that guide users in resolving issues.
- Robust: Code should be compatible with a wide range of assistive technologies.
  - Use valid, semantic HTML to ensure content is interpretable.
  - Test compatibility with assistive technologies like screen readers.
Adhering to these principles ensures compliance with accessibility standards while enhancing usability for everyone.

Best Practices for Writing Accessible Code

Here’s how to apply accessibility principles to your code:

1. Use Semantic HTML

Semantic HTML provides structure and meaning to your content. Elements like <header>, <nav>, <main>, and <footer> improve navigation for screen readers and other assistive technologies.

Instead of:
```
<div onclick="doSomething()">Click me</div>
```
Use:
```
<button onclick="doSomething()">Click me</button>
```
Semantic tags enhance usability and reduce the need for ARIA roles, ensuring better compatibility.

2. Make Forms Accessible

Forms are a common source of frustration for users with disabilities. Pair input fields with <label> tags to provide clear context:
```
<label for="email">Email:</label>
<input type="email" id="email" name="email">
```
For added guidance, use aria-describedby for hints:
```
<p id= "emailHint"> We'll never share your email.</p>
<input type="email" id="email" aria-describedby="emailHint">
```
Additionally:
- Group related fields with <fieldset> and <legend>.
- Include real-time error validation with accessible alerts.
3. Ensure Keyboard Navigation

Interactive elements should be operable using a keyboard. Use logical HTML structures and the tabindex attribute sparingly to create a natural focus order.

Example:
```
<button tabindex="0">Focus me</button>
```
Avoid negative tabindex values unless necessary, as they can disrupt navigation.

4. Add Alt Text to Images

Alt text makes images accessible to screen readers. Describe the content succinctly:
```
<img src= "puppy.jpg" alt= "A golden retriever puppy playing with a ball">
```
If an image is decorative, use an empty alt attribute (alt= "") to skip it for screen readers.

5. Mind Your Colors

Color contrast impacts readability. Use tools like Contrast Checker to verify that text is legible. Avoid using color as the sole means of conveying information. For example:
```
<span style="color: red;">Required field</span>
```
Should also include:
```
<span class="required" aria-label="Required field">*</span>
```
6. Use ARIA Wisely

Accessible Rich Internet Applications (ARIA) roles can enhance functionality but should be used sparingly. Stick to semantic HTML whenever possible. Common ARIA roles include:
- role= "alert" for dynamic notifications.
- aria-expanded for collapsible menus.
- aria-live for real-time updates.
7. Don’t Forget Multimedia

Provide captions for videos and transcripts for audio content. Respect user preferences for reduced motion by using the prefers-reduced-motion media query:
```
@media (prefers-reduced-motion: reduce) {
  animation: none;
}
```
Testing Your Accessible Code

Even the best code needs testing. Use these methods:
- Automated Testing: Tools like Google Lighthouse or WAVE can identify common issues.
- Manual Testing: Navigate your site using only a keyboard or a screen reader (e.g., NVDA, VoiceOver).
- User Testing: Get feedback from users with disabilities to uncover real-world issues.
Testing should be an ongoing part of your development process to catch and fix issues early.

Challenges Developers Face—and How to Overcome Them

Challenge: Understanding WCAG Guidelines Can Be Intimidating

Solution: Start with the essentials. Focus on foundational elements like semantic HTML, alt text, and keyboard navigation. Once these are second nature, dive deeper into more complex guidelines—one step at a time.

Challenge: Debugging ARIA Roles Can Be Tricky

Solution: ARIA can feel like uncharted territory, but tools like ARIA Authoring Practices and automated testing tools (e.g., Google Lighthouse or WAVE) make it manageable. Stick to semantic HTML where possible to minimize the need for custom roles.

Challenge: Maintaining Accessibility During Updates

Solution: Accessibility isn’t a one-and-done task; it’s an ongoing commitment. Make accessibility checks part of your QA process and leverage tools like WAVE to identify issues after every update. Document accessibility practices in your team’s workflow to keep everyone aligned.

Challenge: Balancing Deadlines with Accessibility Goals

Solution: Tight deadlines can pressure teams to deprioritize accessibility. Combat this by integrating accessibility from the start of a project rather than treating it as an add-on. Small, consistent efforts save time in the long run and prevent last-minute fixes.

By acknowledging these challenges and embracing practical solutions, developers can turn obstacles into opportunities to create better, more inclusive websites.

Keep Learning and Building Accessible Code

Web accessibility is a continuous journey—and an exciting one. As developers, we thrive on solving problems and improving our craft, and accessibility is no different. By staying updated with trusted resources like WebAIM, MDN Web Docs, and the A11y Project, you can keep sharpening your skills and pushing the boundaries of what’s possible. Engage with communities, take courses, and embrace every opportunity to learn. Every small step you take makes the web a more inclusive place for everyone.

Writing accessible code is about thoughtful, inclusive choices that enhance user experiences. Start with the basics, make accessibility an integral part of your workflow, and let learning drive your improvements. The impact of your efforts extends far beyond compliance; it creates meaningful connections and opens your work to all users, regardless of ability.

Ready to take your commitment further? Schedule an ADA briefing with 216digital. Our team specializes in tailored web accessibility solutions, helping you mitigate risks and create a more inclusive online presence. Let’s build a better web—together.
Greg McNeil

January 9, 2025

How-to Guides

accessible code, ADA Compliance, How-to, WCAG, web developers, web development
2025 Web Accessibility Standards & Requirements
The digital world is changing fast, and the 2025 ADA web accessibility standards are right around the corner. For public entities and businesses, the countdown to compliance has begun. But this isn’t just about ticking legal boxes—it’s a chance to create online spaces that everyone can access and enjoy.

From keeping track of important compliance dates to navigating global standards like the European Accessibility Act, this guide has everything you need to stay ahead. Whether you’re running a local government site or a growing business, you’ll find actionable steps to get your website up to date with the latest accessibility standards. Let’s break it all down so you can be prepared for what’s coming.

Key Dates for Compliance

Staying on top of the timeline is crucial for meeting the new ADA Title II accessibility standards. Here’s the scoop on the most important deadlines for public entities:
- April 24, 2026: Public entities in cities or counties with 50,000 or more residents must comply with the updated standards.
- April 24, 2027: Smaller public entities—those in areas with fewer than 50,000 people—have an extra year to meet these same requirements.
What Public Entities Should Focus On

Public entities include everything from state and local governments to public schools, libraries, and other essential services. For these organizations, accessibility isn’t optional—it’s a must. That means ensuring your website works seamlessly with assistive technologies like screen readers, providing alternative text for images, and offering captions on video content.

Why Meeting These Deadlines Matters

Missing these deadlines isn’t just a bad look—it can lead to lawsuits and a loss of trust in your community. ADA lawsuits targeting government websites are on the rise, often flagging accessibility gaps that make it hard for users with disabilities to access essential services.

Don’t Forget Global Accessibility Standards

If your business operates internationally or even just ships products overseas, you’ll also need to think about global accessibility laws. Standards like the European Accessibility Act (EAA) and Accessibility for Ontarians with Disabilities Act (AODA) could apply to you, even if your business is based in the U.S.
- European Accessibility Act (EAA): Takes effect on June 28, 2025. Similar to the ADA, it requires accessible websites, apps, and digital services across the European Union.
- Accessibility for Ontarians with Disabilities Act (AODA): Applies to organizations in Ontario or those serving Canadian users. Emphasizes WCAG standards, with compliance starting January 1, 2025.
Ignoring these global laws can lead to fines or legal challenges, so keep them in mind if your reach extends beyond the U.S.

What’s New in the 2025 Web Content Accessibility Guidelines

The 2025 ADA updates focus on making websites easier for everyone to use, especially as technology keeps evolving. At the heart of these changes is the Web Content Accessibility Guidelines (WCAG) 2.2, developed by the World Wide Web Consortium (W3C).

Here’s what’s new:
- WCAG 2.2 Integration: The updated accessibility standards now include criteria for making websites more accessible on mobile devices, easier for people with cognitive disabilities, and generally more user-friendly.
- Assistive Technology Compatibility: Websites need to work smoothly with tools like screen readers and voice recognition software.
- Mobile Accessibility: With more people using phones and tablets, sites must be fully functional on smaller screens.
- Video Accessibility: There’s a bigger focus on captions, audio descriptions, and media players that everyone can use.
These updates aren’t just about staying out of court; they’re about building an inclusive online environment. For instance, captions on videos don’t just help users with hearing impairments—they also benefit anyone viewing in a noisy place.

The Cost of Ignoring Compliance

Noncompliance comes with serious risks. In 2024 alone, over 4,000 ADA lawsuits were filed in the U.S. Many stemmed from missing alt text, lack of keyboard navigation, or poor color contrast.

Copycat Lawsuits

A worrying trend is the rise of copycat lawsuits: about 41% of 2024’s accessibility lawsuits targeted companies that had already been sued before. These repeat lawsuits happen when businesses fix only part of their accessibility issues, leaving gaps that new plaintiffs exploit. Often, the same websites, related brands, or even parent companies become repeated targets, creating a cycle of litigation that can be difficult to escape.

The Cost of Noncompliance

Legal fees, settlements, and potential fines add up quickly, with smaller organizations often feeling the strain the most. Defending even one lawsuit can cost tens of thousands of dollars or more, depending on the complexity of the claims. For businesses with unresolved accessibility gaps, these lawsuits not only bring immediate costs but also invite ongoing legal scrutiny, making comprehensive compliance efforts critical to long-term risk management.

Steps to Ensure Compliance

Achieving compliance with the 2025 accessibility standards may seem daunting, but with a structured approach, it’s manageable. By taking proactive steps, you can stay ahead of the curve:

Meeting the 2025 standards might seem overwhelming, but with the right approach, it’s absolutely doable:
1. Audit Your Website: Use tools to catch common accessibility issues, but don’t skip manual checks for things like focus indicators or smooth screen reader navigation.
2. Train Your Team: Make sure everyone—from developers to content creators—understands accessibility guidelines.
3. Implement Updates: Prioritize fixes like alternative text for images and keyboard navigation improvements.
4. Monitoring: Accessibility isn’t a one-and-done thing. Regular updates and monitoring are essential.
Overcoming Challenges in Achieving Compliance

Even with clear guidelines, reaching full accessibility can be tough. A major hurdle lies in understanding the full scope of accessibility requirements. Automated tools often overlook hidden barriers, and smaller organizations may not have the resources or expertise to do a deep dive on every aspect of their site. Legacy systems could add in another wrinkle: retrofitting older platforms for accessibility can be time-consuming and costly.

That’s where partnering with accessibility experts like 216digital can make all the difference. We offer custom audits, expert training, and ongoing monitoring with tools like a11y.Radar, helping you build a sustainable compliance strategy.

It’s Time to Act

With the 2025 deadlines on the horizon, there’s no better time to get started. Sure, it might feel daunting at first, but making your online experience accessible to everyone brings long-term benefits for both your users and your brand. It’s not just about dodging lawsuits—it’s about doing the right thing.

By taking steps now—especially if your deadline is 2026 or just around the corner—you’ll save yourself time, money, and stress down the road. If you’re feeling stuck or overwhelmed, consider chatting with accessibility experts or scheduling a consultation with 216digital. Let’s work together to ensure your website is a place where everyone feels welcome and empowered.
Greg McNeil

January 7, 2025

Legal Compliance

2025, accessibility laws, ADA Compliance, EAA, International Accessibility Laws, WCAG
2024 Accessibility Lawsuits: Trends and Lessons

2024 has been another big year for web accessibility—and not in a good way. More than 4,000 accessibility lawsuits were filed against digital properties this year, affecting businesses of all sizes. Whether you’re a small business facing your first lawsuit or a larger company dealing with repeat claims, the message is clear: ignoring web accessibility is no longer an option.

Despite the alarming rise in legal risks, the good news is that you can take practical steps to protect your business and create a better online experience for everyone. Below, we’ll examine the highlights of 2024, why they matter, and how you can get ahead in 2025.

Accessibility Lawsuits Are Shifting to State Courts

In 2024, over 4,000 accessibility lawsuits were filed—1,600 in state courts and 2,400 in federal courts. While federal cases dipped slightly, lawsuits in state courts surged, led primarily by New York and California. These two states accounted for more than 40% of all claims.

Why are state courts becoming more popular? State-specific legal frameworks and streamlined procedures may be giving plaintiffs an edge. For businesses, this shift means that federal-level compliance isn’t always enough—you must also stay aware of state-level requirements. Regular audits, attention to WCAG (Web Content Accessibility Guidelines) updates, and a clear understanding of how your state enforces accessibility standards can help you stay ahead. Ignorance, as it turns out, is no longer bliss.

New York Is at the Center of the Action

New York isn’t just the city that never sleeps—it’s also the state that leads the nation in accessibility lawsuits. In 2024 alone, 2,541 cases were filed in its federal and state courts, surpassing even California.

What’s especially notable is New York courts’ willingness to hear cases against businesses with no physical presence in the state. If your website is accessible to New Yorkers, it’s open to potential litigation. Combine that with active plaintiffs and law firms focusing on accessibility, and you have a recipe for heightened risk.

Copycat Lawsuits Are a Growing Threat

One of the more frustrating trends of 2024 is the rise of “copycat” lawsuits. Out of this year’s filings, 961 cases—41% of all accessibility lawsuits—targeted companies that had already faced noncompliance claims in the past.

These repeat claims often happen when companies fix only part of their accessibility issues, leaving gaps that draw new lawsuits. New plaintiffs may target the same website, related brands, or even parent companies. The takeaway? Partial fixes can turn a one-time lawsuit into a recurring problem.

Small Businesses Are in the Spotlight

Historically, large corporations shouldered most accessibility lawsuits, but 2024 marked a shift. Small businesses—those earning under $25 million a year—were targeted more than ever.

There are two key reasons for this change. First, there are simply more small businesses out there, creating a bigger pool of potential defendants. Second, many large companies have been managing lawsuits for years and have implemented robust accessibility programs. With 82% of big companies already working toward compliance since 2018, plaintiffs are now focusing on smaller businesses that may have fewer resources or less awareness.

For small business owners, this trend can feel overwhelming. The silver lining is that you’re not alone, and even modest efforts can go a long way. You don’t need a massive budget to make your website more accessible—you just need to know where to begin.

Accessibility Widgets: Not the Quick Fix You Think They Are

If you’ve ever considered adding a simple “accessibility widget” to solve all your problems, you’re not alone—but this strategy might create more headaches than it relieves. In 2024, over 1,000 companies with widgets on their sites were still sued for accessibility noncompliance.

Why? Widgets often fail to address the deeper, structural issues that make a site inaccessible. In some cases, they even introduce new barriers, like interfering with assistive technologies or complicating site navigation for users with disabilities. Plaintiffs are increasingly calling out widgets as insufficient and pointing to WCAG violations or “band-aid” approaches that neglect larger accessibility gaps.

Relying on widgets alone could lead to a rude awakening. True accessibility requires meaningful changes to your site’s structure and content. This investment will reduce your legal risk and provide a better experience for all users.

What You Can Do in 2025

The prospect of a accessibility lawsuit is stressful, but there’s plenty you can do to minimize your risk. Consider these steps as you plan for the coming year.

Immediate Actions

Conduct a WCAG 2.2 Audit

Start by evaluating your site against the WCAG 2.1. Common issues include missing alt text, poor color contrast, and unlabeled form fields. Fixing these core issues can make an immediate impact.

Train Your Team

Accessibility isn’t a one-time project. Train your developers, designers, and content creators so that accessibility best practices are woven into everything they do. The more knowledge your team has, the fewer issues will arise.

Long-Term Strategies

Build Accessibility Into Your Workflow

Don’t wait until the end of a project to think about accessibility. Integrate it into each stage of development, from initial design to final testing. Known as “shifting left,” this proactive approach saves both time and money.

Partner With Experts

Accessibility is complex, and you don’t have to navigate it alone. Working with a team like ours at 216digital can help you stay up-to-date on guidelines and maintain ongoing compliance.

Conclusion

Yes, the surge in accessibility lawsuits is concerning. Yes, courts in states like New York and California are becoming more aggressive in penalizing non-compliant businesses. And yes, copycat claims mean one lawsuit can quickly snowball into multiple suits. However, this issue isn’t just about minimizing legal risk—it’s about building an inclusive internet that everyone can use and enjoy.

At 216digital, we strive to be more than just a service provider. Our aim is to be an ally, guiding you through the complexities of digital accessibility. Creating an inclusive website benefits your customers, your brand, and your legal standing. It might sound daunting at first, but that’s where we come in. Our step-by-step approach can help protect your business and empower a broader online audience.

The sooner you begin, the easier it becomes to get your site on track. So, let’s move forward—schedule a call with us, take that initial step, and start building a web experience that truly works for everyone. You’ve got this, and we’re here to help.

Greg McNeil

January 6, 2025

Legal Compliance

2024 accessibility lawsuits, ADA Compliance, ADA Lawsuits, web accessibility lawsuits, Website Accessibility
Accessibility in 2025: Why Web Accessibility Can’t Wait
These days, the internet is part of almost everything we do. Whether you’re shopping, learning, or connecting, the web matters. But what happens when some people can’t access your website in 2025? If your site isn’t built for everyone, think about the message that it sends.

In 2025, ignoring accessibility isn’t just risky—it’s neglectful. It can also lead to hefty legal issues. How many possible customers are you losing because your site doesn’t work for them? And how much would a lawsuit cost, both financially and in lost reputation? Accessibility isn’t just another box to check. It’s a responsibility we all share. If you’re still waiting to act, ask yourself: why the delay?

Evolving Accessibility Standards in 2025

Web accessibility has come a long way. The Web Content Accessibility Guidelines (WCAG) from W3C offer a reliable framework. These guidelines cover how to make digital spaces work for everyone, including people with disabilities.

By 2025, updates like WCAG 2.2 and the emerging WCAG 3.0 raise the bar further. These updates include new mobile standards, improved focus indicators, and better support for cognitive disabilities. By following these evolving standards, you’ll build a site that truly serves every user.

Government Enforcement and Legal Implications

Governments around the world are getting stricter about accessibility. In the U.S., Title II of the ADA now places stronger requirements on public entities. These rules will roll out in April 2026 and 2027, creating clear deadlines for compliance.

Meanwhile, the European Accessibility Act (EAA) takes full effect by June 28, 2025. This law applies to public institutions and private businesses, including e-commerce and financial services. Non-compliance could land you in legal trouble and damage your reputation. Adapting to these rules isn’t just about avoiding fines—it’s about making sure everyone can use what you offer.

Accessibility as a Business Imperative

Many businesses don’t realize how much accessibility can affect their bottom line. The truth is that investing in accessibility is a wise move.

Legal Implications

By 2025, lawsuits about inaccessible websites are becoming more common. In 2024 alone, there were over 4,000 ADA lawsuits in the U.S. That number highlights a growing push for compliance. One unfortunate trend is “copycat” lawsuits, where 41% of 2024’s cases targeted businesses with previous noncompliance.

Settlements can run anywhere from $10,000 to $100,000, not counting legal fees. Worse still, your public image may take a hit that’s hard to fix. Courts have made it plain: websites must be accessible. If you ignore these requirements, you could be facing big legal bills and a tarnished reputation.

Market Potential in 2025

Accessibility isn’t just about avoiding risks. It also opens the door to millions of new customers. About 15% of the world’s population has some form of disability. Add older adults who benefit from clear, easy-to-use sites, and you’ve got an even bigger market.

In the U.S. alone, people over 50 drive more than $8 trillion in economic activity each year, according to AARP. That’s huge, and it’s only growing as our population ages. Making your site accessible also boosts SEO and discoverability. This helps everyone, not just those with specific disabilities.

Competitive Advantage

If two companies offer the same service, but one has a user-friendly website, guess who wins? Accessibility sets you apart. It shows you respect and value every customer, building trust in your brand. In 2025, that might be the difference between thriving and floundering.

An accessible site also signals that your brand is forward-thinking and inclusive. Many customers care about companies that “walk the talk” on social issues. By putting accessibility first, you position yourself as an industry leader.

Challenges and Misconceptions

Some organizations stall on accessibility because they think it’s too pricey or too complicated. Others believe quick fixes, like overlays, will solve everything. These myths can hold your business back.

The Myth of Overlays

Overlays promise one-click solutions, but they often cause more harm than good. They can break your website’s functionality or confuse users of assistive technologies. Sometimes, they even block screen readers or tangle up navigation.

They also don’t meet many legal requirements, leaving you open to lawsuits. True accessibility needs mindful design, thorough testing, and a commitment to ongoing improvements—no shortcuts allowed.

For more information on the harm of screen overlays, check out the Overlay Fact Sheet.

Fear of Cost

Yes, accessibility takes time and resources. But it doesn’t have to ruin your budget. Start small by fixing the biggest barriers on your site. Simple changes—like adding alt text or improving color contrast—can make a huge impact.

In the U.S., businesses can also use the Disabled Access Credit for accessibility expenses. Over time, small steps lead to big changes. You’ll build a more inclusive online presence and reduce the risk of costly legal battles.

The Role of Technology in Accessibility

Fortunately, technology is making accessibility easier. In 2025, AI-driven tools can help identify issues quickly. Popular tests, like Google Lighthouse or WAVE, flag areas that need improvement.

Assistive technologies are also evolving. Screen readers and voice recognition software are getting smarter. However, technology alone can’t solve everything. You must understand your users and design with their needs in mind. That human-centered approach makes your website better for all.

Practical Steps to Get Started in 2025

Worried your website isn’t accessible yet? Don’t panic. You can start today:
1. Conduct an Audit: Use tools like Google Lighthouse or hire an expert to identify issues on your site.
2. Fix High-Impact Problems: Start with basics like adding alt text, improving keyboard navigation, and fixing color contrast.
3. Build Accessibility Into Your Workflow: Make accessibility a part of every project, from design to development.
4. Seek Help When Needed: Partner with accessibility experts to guide your efforts and ensure long-term success.
Maintain and Monitor Accessibility

Remember, accessibility is a journey, not a one-time fix. Keep track of updates and new content to ensure they don’t add barriers—tools like Accessibility Radar (a11y.Radar) help you watch your site’s accessibility over time. By staying proactive, you’ll keep your site usable for everyone.

Looking Ahead: The Future of Accessibility

In 2025, you can’t afford to ignore accessibility. It’s crucial for growth, legal compliance, and being a decent digital citizen. When you make your site accessible, you open your business to more customers, strengthen your brand, and help create a fairer online world.

Don’t wait for a lawsuit or a complaint to spur action. Start now. Conduct an audit, fix any issues you find, and commit to continuous improvement. If you need help, companies like 216digital are ready to guide you. Together, let’s build a web that works for everyone.
Greg McNeil

January 2, 2025

The Benefits of Web Accessibility, Web Accessibility Remediation

2025, Accessibility, ADA Compliance, New Year's Resolution, Web Accessibility

The Americans with Disabilities Act: An Overview

The Risks of Non-Compliance

Costly Settlements & Legal Fees

Civil Penalties

Harm to Brand Reputation

Mandatory Remediation

When Do You Need an ADA Lawyer?

Receiving a Demand Letter or Lawsuit

Navigating ADA Compliance Standards

Reviewing Accessibility Policies and Practices

What Is an ADA Lawyer?

How is an ADA Lawyer Different from Your Current Attorney?

What to Look for When Hiring an ADA Lawyer

Proven Experience in ADA and Digital Accessibility Cases

Deep Knowledge of WCAG and Accessibility Standards

Strong Reputation and Reliable Referrals

A Proactive, Compliance-First Approach

Clear, Upfront Pricing

Proactive Steps to Avoid Legal Issues

Conclusion

Start Your Journey Toward Accessibility Today

The Americans with Disabilities Act (ADA)

Who Needs to Follow ADA-Compliance?

ADA Compliance Fines and Penalties

Fines for Non-Compliance

Common ADA Violations

Lawsuits and Legal Actions

Government-Initiated ADA Lawsuits

Private ADA Lawsuits

Costs Beyond Fines

Practical Tips to Stay ADA-Compliant

Conclusion: Start Your ADA-Compliance Journey Now

FTC’s Allegations Against accessiBe

Legal Challenges Faced by accessiBe

Limitations of AI in Web Accessibility

Best Practices for Achieving True Compliance

Partnering with Experts for Comprehensive Accessibility Solutions

Conclusion

Common Accessibility Heartbreakers (Mistakes to Avoid)

1. The Ghosted Visitor: No Keyboard Navigation

Fix

2. The Mixed Signals: Low Contrast & Illegible Fonts

Fix

3. The Silent Treatment: Missing Alt Text & Screen Reader Issues

Fix

4. The Disappearing Act: Poor Focus Indicators

Fix

5. The Confusing Relationship: Inconsistent Heading Structure

Fix

6. The Commitment Issues: Unlabeled Form Fields

Fix

7. The Unwanted Surprise: Auto-Playing Content

Fix

Winning Hearts: Making Your Website More Accessible

Don’t Let Your Website Be a Heartbreaker

1. Growing Awareness of Accessibility Rights

2. The Rapid Expansion of Digital Technologies

3. Legal Precedents and Heightened Enforcement Trends

4. The Impact of Accessibility Testing Tools

5. The Demand for Proactive Accessibility Compliance

The Time to Act on Accessibility Is Now

What Is Web Accessibility?

Why Accessibility Matters for Small Businesses

Reach More Customers

Improve Your SEO

Build a Better Brand

Avoid Legal Risks

Don’t Let Cost Hold You Back

Practical Steps to Start Your Accessibility Journey

Check Your Site’s Accessibility

Stay Informed and Up-to-Date

Train Your Team

Offer Accessible Customer Support

How Accessibility Helps Your Business

Take the First Step

What Is Accessible Code?

The Four Golden Rules of Accessibility: POUR

Best Practices for Writing Accessible Code

1. Use Semantic HTML

2. Make Forms Accessible