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  • How Courts Are Addressing Serial ADA Plaintiffs

    In recent years, federal courts—particularly in New York—have seen a wave of ADA Title III lawsuits targeting website accessibility issues. While the Americans with Disabilities Act was designed to protect the rights of people with disabilities, a growing number of cases have been brought by serial ADA plaintiffs—individuals who file dozens of near-identical lawsuits across various businesses, often seeking attorney’s fees rather than pursuing real accessibility improvements.

    Now, two recent federal court decisions—Fernandez v. Buffalo Jackson Trading Co. (S.D.N.Y., April 14, 2025) and Black v. 3 Times 90, Inc. (E.D.N.Y., April 15, 2025)—are signaling a turning point. Both rulings reflect a trend toward stricter judicial scrutiny and a renewed focus on standing. The message from the courts is becoming clear: claims must be backed by credible, specific allegations of harm—not just boilerplate language.

    1. The Rise of Serial ADA Plaintiffs and Lawsuits

    In 2024, more than 2,400 ADA Title III lawsuits were filed in federal court alleging website accessibility barriers—a slight uptick from the year before. But despite the continued volume, filings in New York federal courts dropped by 39% compared to 2022, reflecting a noticeable shift. Just 23 plaintiffs were responsible for over half of the cases, pointing to a strategy rooted more in quantity than in quality—a hallmark of serial ADA plaintiffs.

    These lawsuits typically rely on generic language, vague descriptions of barriers, and claims of intent to return that lack meaningful context. Courts are now starting to challenge those claims more directly, pushing back on whether plaintiffs have suffered a legitimate “injury in fact” or have any real intention of using the websites they’re suing over.

    2. Fernandez v. Buffalo Jackson Trading Co., LLC

    In this case, Felipe Fernandez, who is legally blind, sued Buffalo Jackson Trading Co., claiming that he couldn’t complete a purchase of a leather jacket due to accessibility barriers on the company’s website. He pointed to issues like missing alt text and form labels, and stated that he intended to return and complete the purchase once the issues were resolved.

    The Court’s Response

    Judge John Cronan didn’t dismiss the case outright. Instead, he ordered jurisdictional discovery and an evidentiary hearing to explore whether Fernandez actually had standing to sue. His reasoning was grounded in constitutional principles:

    “Article III standing is not merely a pleading hurdle—it’s a core constitutional guardrail.”

    The court flagged several red flags:

    • Fernandez had filed dozens of similar complaints, often within the same week, using the same legal template.
    • He claimed to have tried to purchase items ranging from leather jackets to African necklaces to martial arts gear—an unusually wide variety for a single consumer.
    • Despite claiming he couldn’t navigate the site, he referenced specific product features, pricing, and even a promotional discount—suggesting that the site may not have been as inaccessible as alleged.

    To dig deeper, the court authorized a forensic review of Fernandez’s browsing history and potentially a deposition, signaling a strong interest in validating the sincerity of his claims and patterns consistent with serial ADA plaintiffs.

    3. Black v. 3 Times 90, Inc.

    In a separate case, plaintiff Jahron Black—also legally blind—filed suit against a Chinese restaurant, claiming he couldn’t access key information on its website, such as the menu and location details. He said he wanted to visit the restaurant “immediately” and often frequented the neighborhood.

    Why the Court Dismissed the Case

    Judge Natasha Merle dismissed the complaint for lack of standing, even though the defendant had argued mootness due to recent accessibility fixes. The judge found that:

    • Black failed to explain how the website’s issues prevented him from visiting the physical location.
    • He didn’t attempt to get the same information through other means, like a phone call or search engine—undermining his claim of urgency.
    • There was no compelling reason offered for why this particular restaurant mattered, especially given New York City’s wide range of similar dining options.

    While not central to the decision, the judge noted that Black had filed 27 similar lawsuits within the previous year, a pattern that mirrors the behavior of serial ADA plaintiffs.

    The court concluded that the complaint didn’t show any real intent to return or actual harm, and dismissed the case without leave to amend.

    4. Why These Rulings Matter

    Together, these decisions point to a more assertive judicial approach to ADA website litigation driven by serial ADA plaintiffs. Courts are no longer content to accept vague allegations and templated filings. Instead, they’re insisting on:

    • Specific, credible claims of harm
    • Clear intent to return or complete a transaction
    • Evidence to support those claims, such as browsing history or meaningful engagement with the site

    In Fernandez, the court is even considering deposing the plaintiff and conducting a forensic review of his device—an extraordinary step that shows how seriously judges are taking the issue of standing.

    5. What This Means for Plaintiffs, Businesses, and the Courts

    For Plaintiffs and Their Attorneys

    Courts are demanding more. To pursue these cases in federal court, plaintiffs must provide:

    • Documented evidence of actual attempts to use the site
    • Specific descriptions of what went wrong and how it impacted them
    • A credible reason for why they’d return

    Vague complaints and mass filings are less likely to survive a motion to dismiss. They may also trigger closer scrutiny of the plaintiff’s litigation history—especially for known serial ADA filers.

    For Businesses

    These rulings present an opportunity to push back when faced with questionable lawsuits. Businesses should consider:

    • Challenging standing early, especially if the complaint lacks details or appears templated
    • Requesting jurisdictional discovery to verify the plaintiff’s claims
    • Tracking patterns of repeated filings by the same individuals or firms

    Additionally, some plaintiff firms are now shifting lawsuits to state courts, where standing requirements are generally less demanding. Businesses should prepare for this potential change in forum.

    For the Legal System

    This trend marks a balancing act: protecting the ADA’s intent while discouraging opportunistic litigation. Federal courts are raising the bar for standing in accessibility lawsuits. This reinforces the idea that these cases should address real-world barriers and genuine attempts to engage with businesses—not rely on legal templates meant to generate fees.

    6. Looking Ahead

    The upcoming hearing in Fernandez could prove to be a watershed moment. If the court finds that Fernandez lacked standing, it would further solidify the trend toward stricter standards. If the case moves forward, it may help define what constitutes credible evidence of harm in ADA website lawsuits.

    Either way, these rulings serve as a wake-up call for both sides: businesses must continue improving accessibility, but the legal process must remain focused on real harm—not manufactured complaints.

    A Turning Point—and a Call to Act

    The landscape for serial ADA plaintiffs is shifting. Courts are drawing a firmer line between legitimate accessibility concerns and litigation that appears more about fees than fairness. For businesses, this means new opportunities to defend against weak claims—but also a strong reminder that proactive, meaningful accessibility improvements remain the best long-term strategy.

    As these cases evolve, so too must the approach to compliance and litigation. The stakes are higher, and the scrutiny is sharper. Now more than ever, standing—and sincerity—matter.

    Not sure if your site is at risk? Schedule a free ADA briefing with 216digital to assess your exposure and get expert guidance

    Greg McNeil

    June 12, 2025
    Legal Compliance
    ADA, ADA Compliance, ADA Lawsuit, ADA Lawsuits, serial ADA plaintiffs
  • Web Accessibility for Retailers Under Legal Fire

    If you’re running an online retail business, digital accessibility might not be the first thing on your to-do list—but it needs to be. In today’s eCommerce landscape, accessibility for retailers isn’t just a best practice—it’s a legal requirement and a smart business move.

    Retail websites are complex, dynamic, and frequently updated, which makes them especially vulnerable to accessibility issues. And as more people rely on online shopping to meet daily needs, the stakes are higher than ever. Lawsuits are on the rise, but more importantly, so is the expectation that your site works for everyone.

    Product carousels, filters, multi-step checkout processes, popups, modals, and embedded third-party tools all add complexity and make accessibility more difficult.

    Why Web Accessibility for Retailers Matters

    Retailers have become one of the biggest targets for digital accessibility lawsuits. In fact, in 2024 alone, 77% of all web accessibility lawsuits in the U.S. targeted online retailers—making the industry the most litigated digital sector. These lawsuits aren’t just targeting Fortune 500 brands; regional and mid-market businesses are facing legal action at an increasing rate.

    There are several reasons for this:

    Retail Websites are Dynamic And Complex

    They’re filled with product carousels, filters, multi-step checkout processes, popups, modals, and embedded third-party tools—all of which can be difficult to make accessible. Without proper structure, markup, and ARIA attributes, these elements can become unusable for people relying on screen readers or keyboard navigation.

    eCommerce Sites Are Constantly Updated

    Product pages change, promotions rotate, and new features are added regularly. These updates often introduce new accessibility problems—especially when not reviewed with accessibility in mind.

    Online Shopping is Essential

    It’s no longer a luxury; it’s how millions of people access everyday goods and services. If a website prevents someone from completing a purchase due to an accessibility barrier, it becomes a civil rights issue—legally and ethically.

    Demand Letters Are Widespread

    Each year, hundreds of thousands of demand letters are sent to businesses for digital accessibility violations. These letters signal that a company is excluding people with disabilities, and the reputational damage can be immediate.

    Legal and Technical Web Accessibility for Retailers

    Title III of the Americans with Disabilities Act (ADA)requires U.S. retailers to ensure accessibility for people with disabilities in all places of public accommodation. In today’s digital world, the courts and the Department of Justice (DOJ) have made it clear: this requirement also applies to websites—especially those that sell goods and services to the public.

    Courts and plaintiffs use the Web Content Accessibility Guidelines (WCAG) as the standard for compliance in nearly all accessibility-related lawsuits. The DOJ reaffirmed this approach in 2024, solidifying WCAG as the benchmark for evaluating whether a website is accessible.

    The Four Golden Rules of Accessibility: POUR

    At the heart of WCAG are four key principles known by the acronym POUR: Perceivable, Operable, Understandable, and Robust. These form the foundation for accessible digital experiences and help ensure your website works for everyone.

    • Perceivable – Users must be able to identify and interact with content. This includes providing text alternatives for images, captions for videos, and other sensory accommodations.
    • Operable – The site must support navigation with a keyboard, screen reader, or other assistive tools—without relying solely on a mouse.
    • Understandable – Information and functionality should be easy to comprehend and behave in expected ways to avoid confusion.
    • Robust – Content must be compatible with a wide range of current and future assistive technologies, such as screen readers or voice commands.

    And it’s not just your website. These principles should also extend to digital documents, confirmation emails, customer service interactions, and anything else a user might engage with online.

    Common Pitfalls on Retail Websites

    Retail sites face some of the most complex accessibility challenges. Here are a few issues that often trigger lawsuits:

    • Unlabeled or mislabeled form fields that prevent screen reader users from checking out.
    • Broken keyboard navigation makes it impossible for users with motor impairments to complete transactions.
    • Missing alt text on product images.
    • Low color contrast between text and backgrounds.
    • Non-dismissable modals or popups that trap users.
    • Checkout flows that break when even one component isn’t accessible.

    These barriers frequently appear when using templates, third-party plugins, or custom JavaScript that hasn’t been accessibility-tested. They can completely disrupt the buying experience for users who depend on assistive technologies. Web accessibility for retailers requires a consistent and intentional approach to prevent these obstacles from resurfacing.

    What Happens If You’re Sued

    Most lawsuits begin with a demand letter—often asking for immediate remediation and a financial settlement. If ignored, this can escalate into a federal lawsuit under the ADA or state-level laws like California’s Unruh Civil Rights Act, which allows for additional penalties.

    Settlements may cover remediation costs and legal fees, but the real damage is often reputational—especially when exclusion of disabled users becomes public knowledge.

    Even if your business wins the case, legal defense costs are high. And if your site remains non-compliant, you may be targeted again. With web accessibility for retailers, prevention is significantly less costly than a reactive legal defense.

    A Proactive Plan for Retailers

    Accessibility isn’t a one-time fix. It’s an ongoing strategy. Here’s how to start with accessibility for retailers:

    1. Start with an Audit

    Use automated tools like Lighthouse or WAVE for a quick scan. But don’t stop there—manual testing is essential for identifying real-world usability barriers.

    2. Fix Key Areas First

    Prioritize your homepage, product pages, cart, and checkout. Make sure form fields are labeled, keyboard navigation works, and screen readers can read your content.

    3. Address Dynamic Elements

    Focus on complex components—like popups, modals, filters, and third-party integrations—that often create the biggest challenges. Use semantic markup and ARIA attributes to support assistive tech.

    4. Monitor Continuously

    Your site changes frequently. Build accessibility checks into your update process so new features don’t break usability, or use a monitoring service like a11y.Radar.

    5. Train Your Team

    Give your developers, content editors, and marketing teams the knowledge they need to create inclusive content from the start.

    6. Consider Outside Help

    Accessibility is nuanced. A qualified team can help you get it right—and keep it that way.

    Retailers: Don’t Let Accessibility Be an Afterthought

    Web accessibility for retailers is no longer optional. It’s central to building a sustainable, inclusive, and legally safe business. In a digital environment where over 30% of the top 500 eCommerce retailers were sued last year, doing nothing is no longer a risk—it’s a liability.

    But there’s a real upside, too. Accessibility leads to better experiences, broader audiences, stronger SEO, and a more trusted brand.

    Start now. Audit your site. Fix the gaps. Train your team. Partner with experts. Turn accessibility from a compliance headache into a strategic advantage.

    Need Help Making Your Retail Site Accessible?

    216digital offers full audits, real-world testing, and proactive monitoring to ensure your site meets WCAG standards and stays lawsuit-resistant. Let’s make your eCommerce experience inclusive—and legally safe—from day one.

    Greg McNeil

    June 11, 2025
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ecommerce website, Retail, WCAG, Web Accessibility, Website Accessibility
  • Law Firms Aren’t Built for Accessibility Remediation Services

    When a demand letter lands in your inbox, or an ADA-related lawsuit hits your desk, your first thought might be to call a lawyer. That’s a natural reaction—after all, legal issues usually call for legal help.

    But here’s where things get a little more complicated: if the problem is your website’s accessibility, then legal advice alone won’t fix it. And that’s where many businesses take a wrong turn. Legal teams can guide you through the paperwork, but they’re rarely the ones who dig into your code, address the real barriers, or help you prevent the next lawsuit.

    This article walks you through why relying on a law firm to handle accessibility remediation services might not be the best move—and what a smarter, more effective approach looks like.

    The Problem: Law Firms Handle Lawsuits—Not Code

    Let’s be clear—attorneys have an important role. If you’ve received a demand letter or lawsuit, they can help you respond, negotiate, or represent you in court. But legal involvement doesn’t make the accessibility problem go away. The root issue—your website not working for people with disabilities—still remains. And it’s that issue that continues to carry legal and reputational risk.

    Most law firms don’t have in-house technical teams. No developers, no certified accessibility experts, no usability testers. So what happens? They either outsource the actual accessibility remediation services to third-party vendors (often charging a premium along the way) or provide high-level reports filled with checklists that leave your dev team guessing at what to do next.

    That means you’re still on the hook for the real work—and possibly paying more for it.

    Hidden Risk #1: You’ll Pay More for Less

    Law firms typically charge by the hour, which makes sense for legal tasks like reviewing contracts or negotiating settlements. But when they apply those same rates to accessibility-related work—such as interpreting WCAG guidelines, coordinating with vendors, or reviewing audit summaries—it turns into a costly game of telephone.

    You end up paying for layers of administrative overhead that slow down progress and don’t actually improve your website.

    Worse, you might not even realize where the money is going. Legal fees can pile up quickly without producing the tangible results your business actually needs: a compliant, accessible, functional website. For small to mid-size organizations trying to manage both compliance and budget, this model is hard to justify.

    Hidden Risk #2: The Fixes May Not Be Complete

    Fixing accessibility isn’t about running a quick scan and addressing a handful of errors. Real remediation requires technical precision, contextual judgment, and manual testing—especially with screen readers and keyboard navigation. It involves understanding how accessibility issues present in code and how they affect the user experience for people with different disabilities.

    Many law firms don’t have the tools—or the trained personnel—to go that deep. And their vendor partners often lean heavily on automated tools that only catch surface-level issues.

    Here’s what that kind of partial remediation can miss:

    • Form fields without accessible labels
    • Improper heading structures that confuse screen readers
    • Modal windows that can’t be closed without a mouse
    • Buttons or links that don’t receive keyboard focus
    • Dynamic content changes that don’t alert assistive technologies

    These aren’t fringe cases—they’re exactly the kinds of issues that trigger lawsuits. Unfortunately, teams often overlook them when legal experts, rather than technical specialists, lead accessibility remediation efforts.

    Hidden Risk #3: No Plan for the Long Term

    Even if your legal team manages to patch things up for now, accessibility isn’t a one-and-done situation. Websites evolve. New content is added. Platforms update. If you don’t have an ongoing plan, you risk falling out of compliance all over again—and landing back in legal trouble.

    Law firms are built for casework, not for long-term technical oversight. Most won’t offer monitoring services, provide training for your content team, or stay engaged as your digital properties change over time. Without a partner who understands how to maintain accessibility remediation services, you’re left exposed.

    That’s why sustainable compliance calls for a proactive strategy—one that goes beyond legal checkboxes and focuses on real-world usability, continuous improvement, and future-proofing your site.

    What Proper Accessibility Remediation Services Look Like

    To address ADA compliance issues the right way, you need more than legal advice—you need a full-service accessibility team that knows how to diagnose, prioritize, and implement lasting solutions.

    Here’s what effective accessibility remediation services typically involve:

    1. In-Depth Accessibility Audit

    Experienced accessibility professionals start by reviewing your site against WCAG 2.1 A/AA standards using both automated and manual testing. This ensures nothing gets missed. A proper audit covers the following:

    • Screen reader testing using tools like NVDA, JAWS, or VoiceOver
    • Keyboard-only navigation analysis
    • Color contrast checks
    • Semantic HTML review
    • ARIA role validation for dynamic content

    It’s this level of testing that uncovers real usability barriers.

    2. A Clear, Actionable Roadmap

    Instead of a vague checklist, a solid remediation team will provide a prioritized list of issues, each translated into plain language with clear technical recommendations. The goal is to make it easy for developers to understand what needs to be fixed—and how.

    3. Code-Level Fixes

    This is the heart of remediation. A professional team doesn’t just point out problems—they roll up their sleeves and solve them. That includes adjusting templates, improving focus states, rewriting inaccessible components, and ensuring your code structure supports screen readers and keyboard navigation.

    It’s hands-on work—and it requires skilled front-end developers who understand both accessibility and UX.

    4. Real-World Usability Testing

    After you make changes, your work isn’t done. Test the updated site again—this time in real-world scenarios using assistive technologies. This step confirms that your remediation efforts actually work for the people they’re designed to support.

    5. Documentation & Legal Support

    While not a substitute for a legal team, many remediation partners provide helpful documentation—such as accessibility statements, conformance reports (like VPATs), and audit results—that demonstrate your organization’s commitment to accessibility. These materials can also support your response if you’re facing legal scrutiny.

    6. Ongoing Monitoring

    Even after remediation, your site should be monitored regularly. A good partner will offer scanning tools like a11y.Radar for testing and alerts to catch issues early—before they turn into compliance risks.

    Why Accessibility Professionals Are the Better Fit

    Accessibility specialists solve the actual problem: they make websites usable for people with disabilities. They work closely with your development, design, and content teams to create solutions that align with your brand, support your UX goals, and meet compliance requirements.

    Unlike law firms, accessibility pros don’t just help you react—they help you prepare. Their job is to prevent problems, not just manage them after the fact.

    They bring technical knowledge, lived user experience insights, and a collaborative mindset to the table. That’s how you get lasting results—not just legal coverage, but a stronger, more inclusive digital presence.

    Conclusion: The Smart Path to Lasting Compliance

    If you’re navigating legal pressure because of an inaccessible website, it’s important to act quickly—but also wisely. Legal teams play a role, yes, but true ADA compliance requires more than legal documents and advice. It takes technical expertise, accessibility remediation services, and a long-term plan that goes beyond checking boxes.

    The right partner doesn’t just help you respond to a lawsuit—they help you prevent the next one by making your website genuinely usable for everyone. That means fewer legal risks, stronger user trust, and a better experience across the board.

    At 216digital, we specialize in real solutions—not just legal responses. From WCAG audits and code-level fixes to usability testing and ongoing monitoring, we help you build and maintain a site that works for everyone.

    Schedule an ADA briefing with our accessibility team today to get clear, honest guidance on what your site needs, what’s at risk, and how to move forward confidently. Let’s make your compliance efforts count—for your users and your business.

    Greg McNeil

    June 4, 2025
    Legal Compliance
    Accessibility, Accessibility Remediation, Accessibility testing, ADA Compliance, WCAG, Web Accessibility, Web Accessibility Remediation, Website Accessibility
  • Court Ruling Confirms ADA Title III Covers Websites

    As the boundaries between physical and digital business continue to blur, courts are stepping in to clarify what inclusion really means online. One recent ruling, Frost v. Lion Brand Yarn Company, brings that conversation into focus. In February 2025, a Minnesota federal judge ruled that websites qualify as places of public accommodation under ADA Title III. This decision supports what many in the digital and legal communities have long believed: accessibility online deserves consistent attention. While it doesn’t resolve every legal question, it strengthens the case for making digital inclusion part of a responsible business approach.

    Frost v. Lion Brand Yarn Company Case

    In Frost v. Lion Brand Yarn Company, Clarence and Tammy Frost—both legally blind—alleged that the company’s website was inaccessible to screen reader users. They argued this violated ADA Title III, which prohibits discrimination based on disability in places of public accommodation.

    Lion Brand Yarn asked the court to dismiss the case, claiming that its website wasn’t a physical place and therefore didn’t fall under the scope of the ADA.

    Court Decision and ADA Title III Interpretation

    On February 6, 2025, U.S. District Judge Katherine Menendez denied the motion to dismiss. Her decision stated that a website can, in fact, be considered a place of public accommodation under ADA Title III. She emphasized the law’s broad intent and noted that excluding digital spaces would limit access in today’s online world.

    Legal Reasoning Behind ADA Title III Decision

    Judge Menendez’s ruling follows a growing trend in how courts interpret the ADA. Even though the law was written before websites existed, many judges now recognize that its goals—ensuring equal access—apply in digital spaces, too.

    The court explained that ignoring websites under ADA Title III would go against the law’s purpose. If businesses offer goods and services online, people with disabilities must have equal access to those experiences.

    Broader Implications of ADA Title III in Digital Accessibility

    This case contributes to the growing conversation about whether ADA Title III covers digital platforms.Some courts have said yes, others no—but momentum is building toward broader interpretation. More judges, and the Department of Justice, are saying that websites count.

    By viewing digital platforms as essential for communication and commerce, this ruling helps make the case that online inclusion is part of federal disability rights.

    The Legal Shift Toward Website Accessibility Under ADA Title III

    The Minnesota decision supports what many businesses and advocates have been saying: websites need to be accessible. While there’s still legal gray area, the trend is clear—courts are treating digital inaccessibility more seriously.

    Congress didn’t limit ADA Title III to physical places, and courts are using that flexibility to apply it to today’s technology. With websites acting as digital storefronts, accessibility is increasingly expected as a baseline.

    Agencies like the Department of Justice also support this view. As websites become central to how businesses operate, they must be designed with accessibility in mind.

    Actionable Steps for Compliance with ADA Title III

    If your business operates online, now is the time to prioritize accessibility. Here are some practical, proven steps to move in the right direction:

    Conduct Accessibility Audits

    Use a mix of automated tools and manual checks to find and fix barriers that prevent access.

    Implement WCAG Guidelines

    Follow the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA to ensure your content is usable for people with disabilities.

    Train Development Teams

    Make sure developers and designers understand accessibility best practices from the start.

    Engage Users with Disabilities

    Include people with disabilities in your testing process—they offer insights that no automated tool can.

    Maintain Ongoing Compliance

    Use tools like a11y.Radar to monitor your site regularly and stay on top of new issues. Accessibility isn’t a one-time fix—it’s ongoing.

    Erkan v. David A. Hidalgo, MD, P.C. provides one example of proactive compliance. There, a judge acknowledged that steps taken to address accessibility concerns helped mitigate legal risk. It’s a good reminder that prevention is always better than response.

    Implications of ADA Title III for Businesses

    This ruling matters most for businesses that sell or provide services online. Failing to address accessibility could lead to legal challenges, negative press, and missed opportunities to connect with customers.

    On the flip side, investing in accessibility shows you value all your users. It can improve user experience, increase brand trust, and even open up new markets.

    The Time to Act is Now

    The Minnesota ruling strengthens the growing understanding that websites are part of the ADA Title III conversation. While not every legal question is settled, businesses have more reason than ever to take accessibility seriously.

    If your website serves the public, this case is a signal to act. Not because you’re forced to—but because it’s the right thing to do.

    To learn more about how to proactively address ADA conformance, schedule an ADA briefing with 216digital today. Our team of accessibility experts is ready to guide your business through every step of the process, helping you stay ahead of evolving legal standards while building a more inclusive web for everyone.

    Greg McNeil

    May 23, 2025
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuits, ADA Title III, Title III, Website Accessibility
  • Accessible Form Validation: A Developer’s Guide

    Forms are everywhere—login screens, signups, feedback surveys, checkout pages. They’re a cornerstone of user interaction on the web. But here’s the thing: if users can’t fill them out easily and accurately, your form isn’t just failing them—it’s failing your business.

    That’s where accessible forms come in. Accessible forms aren’t just about ticking boxes for compliance—they’re about creating better experiences for everyone. Whether someone is using a screen reader, navigating with a keyboard, or dealing with cognitive or motor disabilities, your form should guide, inform, and support them from first click to final submit.

    This guide will walk you through the essentials of accessible form validation, based on WCAG guidelines 3.3.1 through 3.3.4. No legalese—just practical advice you can implement today.

    Meet the Guidelines: WCAG 3.3.1 to 3.3.4

    Let’s simplify the four WCAG success criteria most relevant to form validation:

    • 3.3.1 Error Identification: If something goes wrong, users need to know what happened and where it happened.
    • 3.3.2 Labels or Instructions: Don’t make users guess. Tell them what’s required.
    • 3.3.3 Error Suggestion: If they make a mistake, suggest how to fix it. Don’t just point and shake your digital finger.
    • 3.3.4 Error Prevention: For serious forms (like taxes, legal documents, or financial data), build in checks to stop mistakes before they happen.

    Together, these guidelines form the foundation of truly accessible forms.

    Labeling: The First Step Toward Clarity

    Every good form starts with clear, semantic labeling. You’re not just adding text—you’re defining meaning and context for both users and assistive technologies.

    • Use the <label> element, and link it to the input with for="input-id" and id="input-id".
    • Place labels above the form field, not beside or inside. It’s easier to scan and better supported by screen readers.
    • Be concise but descriptive. Instead of “Name,” try “Full Name (First and Last).”

    Skipping proper labels is one of the fastest ways to make your form inaccessible—and one of the easiest problems to fix.

    Inline Error Messaging: Real-Time Feedback That Actually Helps

    Don’t let users fill out a whole form only to learn they messed up three fields. Inline validation catches issues in real time, helping users correct them before they submit.

    • Position error messages near the field—ideally right below or beside it.
    • Keep the language helpful and plain: “Password must be at least 8 characters.”
    • Use aria-live="polite" to announce error messages as they appear for screen readers.

    This creates accessible forms that support users proactively instead of punishing them after the fact.

    Don’t Skip aria-describedby

    Want to add help text, error messages, or extra instructions that screen readers can pick up? Use aria-describedby.

    This attribute lets you associate one or more descriptions with a form control. It’s a game-changer for accessible forms, especially when validation feedback or detailed guidance is involved.

    Example:

    <input id="email" aria-describedby="emailHelp emailError">
    <small id="emailHelp">We'll never share your email.</small>
    <span id="emailError">Email is required.</span>

    You can dynamically update which IDs are referenced based on validation state, ensuring that assistive tech users always get the right context.

    About Placeholders: Don’t Rely on Them Alone

    We’ve all seen it: fields with placeholder text like “Enter your email,” and no label in sight. Here’s the problem: placeholders disappear as soon as users start typing—and that’s bad news for accessibility.

    Use placeholders for examples, not for instruction.

    • ✅ “example@example.com” is fine.
    • ❌ “Enter your email address” as your only guidance? Not okay.

    Also, watch your contrast ratios. Light gray placeholder text on a white background might look trendy, but it can fail WCAG color contrast guidelines—especially for users with low vision.

    Smart Form Validation

    Validation is about more than catching errors—it’s about building trust. If your form is flaky, unclear, or inconsistent, users will bounce.

    • Use client-side validation (like HTML5 validation or JavaScript) for instant feedback.
    • Always back it up with server-side validation to catch anything missed and guard against malicious input.
    • Block submission until all required fields are valid—and clearly explain why a field isn’t.

    Whether it’s a missed checkbox or a mistyped phone number, your form should guide users toward fixing the issue—not leave them guessing.

    Crafting Helpful, Accessible Error Messages

    Bad error messages are like bad customer service: unhelpful, vague, and frustrating. Let’s fix that.

    • Be specific: “Username is required” > “Error.”
    • Never rely on color alone (like red borders) to indicate problems. Use symbols (like ❗), text, or both.
    • Keep error placement consistent—typically below the input or in the same visual region.
    • Use simple language. If someone has to decode your error message, it’s not helping.

    This clarity benefits everyone—from screen reader users to someone filling out your form on a noisy subway.

    Test It Like You Mean It

    Automated tools are great, but they only catch part of the picture.

    Start with:

    • Lighthouse for quick audits.
    • WAVE for spotting contrast or structural issues.

    Then go deeper:

    • Run through the form with keyboard only—can you reach and complete every field?
    • Try it with a screen reader (VoiceOver, NVDA, JAWS). Does it announce labels, instructions, and errors?
    • Ideally, test with real users with disabilities. There’s no substitute for lived experience.

    Accessible forms are never a “one-and-done” task. They’re a process—build, test, refine, repeat.

    Keep Moving Toward More Accessible Forms

    Every form you build is an opportunity to include—or exclude—someone. Whether it’s a simple newsletter signup or a detailed application, accessible forms ensure everyone gets a fair shot at completing the task.

    This isn’t just about compliance. It’s about craftsmanship. It’s about building smarter, kinder digital experiences—ones that don’t leave users behind.

    Need help building forms that meet WCAG standards and feel good to use? Connect with 216digital. We’ll help you create, audit, and refine accessible forms that work for every user—and every device.

    Greg McNeil

    April 18, 2025
    How-to Guides
    Accessibility, ADA Compliance, forms, How-to, WCAG, Web Accessibility, web development, Website Accessibility
  • The Key to Compliance? Continuous Accessibility

    When businesses think about web accessibility, many assume it’s a one-and-done task—an issue to be resolved, checked off a list and forgotten. However, true accessibility is an ongoing process that requires regular updates, monitoring, and proactive improvements. Without continuous accessibility efforts, websites can quickly fall out of compliance, leading to legal risks, increased remediation costs, and a frustrating experience for users with disabilities.

    For businesses looking to stay ahead, the key to compliance isn’t a single fix—it’s a long-term commitment to digital inclusion.

    Why Accessibility Can’t Be a One-and-Done Project

    Legal Landscape is Always Changing

    The number of digital accessibility lawsuits continues to rise year after year. In 2024 alone, over 4,000 lawsuits were filed, and more than 78,000 demand letters were sent in 2022—an average of over 1,500 per week. These legal challenges highlight the growing expectation for businesses to maintain accessible digital spaces.

    At the same time, accessibility regulations continue to evolve. Updates to the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG) introduce new requirements that organizations must meet. A website that was compliant last year may not meet the latest standards today. Without continuous accessibility, even well-intentioned businesses can fall out of compliance, increasing the risk of legal action. Keeping up with regulatory changes through ongoing monitoring ensures that your website remains accessible and legally protected.

    Technology and Websites Constantly Change

    Websites rarely stay the same for long. New products, services, or design changes can quickly introduce barriers if they’re not tested for accessibility. A single line of new code could break an important accessibility feature. That’s why continuous accessibility involves regularly testing your site. You’ll spot problems early, fix them, and keep your site usable for everyone.

    Business Risks of Treating Accessibility as a One-Time Fix

    Increased Legal Vulnerability

    If you ignore continuous accessibility, you open yourself up to legal issues. A website that doesn’t maintain ongoing compliance will have more accessibility gaps. These gaps can lead to lawsuits or demand letters. And once you’re in legal trouble, you’ll face tight deadlines to fix problems. This rushed work disrupts your team and can become very expensive. On the other hand, a business that practices continuous accessibility can stay ahead of potential lawsuits by showing it takes compliance seriously.

    Cost of Reactive Fixes vs. Proactive Maintenance

    Fixing problems under legal pressure can cost far more than addressing them early. When you wait until someone files a lawsuit or sends a demand letter, you don’t have time to plan your budget or workload. With continuous accessibility, you can schedule regular checks and fixes. You stay in control of your spending and protect your bottom line by avoiding big surprises.

    Loss of Control Over Your Development Roadmap

    If you get sued for an inaccessible website, you may be forced to pause other important projects in order to fix issues quickly. This can mean cutting back on marketing campaigns, product launches, or site improvements. When you adopt continuous accessibility, you maintain control over your development roadmap. You never have to rush or sacrifice other work because accessibility is always part of your process.

    The Competitive Advantage of Continuous Accessibility

    Expanding Market Reach

    Accessibility is not just about meeting legal rules—it’s also about reaching more people. Many individuals with disabilities rely on websites that meet their needs. By focusing on continuous accessibility, you’re opening your site to a wider audience. In fact, 85% of businesses report that accessibility gives them a competitive edge. When your website is easy to use for everyone, you win more customers and build loyalty.

    Stronger Brand Reputation & Customer Loyalty

    People notice when a website welcomes them with clear navigation, captions, and other accessible features. A commitment to continuous accessibility tells the world you care about every user’s experience. That’s a message that builds goodwill. Not only does it help people with disabilities, but it also creates a simpler, more direct experience for all visitors. Happier customers are more likely to return and recommend your brand to others.

    How to Sustainably Maintain Digital Accessibility

    Implementing an Ongoing Monitoring Solution

    Your accessibility work should not stop after an initial audit. You need to track your site’s status in real-time. Automated testing tools and manual reviews can show if any new barriers appear. For instance, a11y.Radar by 216digital offers a real-time monitoring and compliance tracking system. This solution is designed to help you practice continuous accessibility without it feeling burdensome. When an issue appears, you can fix it right away, long before it becomes a bigger problem or legal headache.

    Accessibility Training & Organizational Buy-In

    Many accessibility problems happen because teams don’t know how to avoid them. If developers, designers, and content creators are not trained in best practices, problems sneak in during everyday tasks. That’s why continuous accessibility relies on ongoing training. Encourage your staff to learn about accessible coding, design, and content rules. When everyone sees accessibility as part of their job, it’s easier to maintain compliance over time

    .

    Partnering with Experts for Long-Term Success

    You don’t have to handle accessibility on your own. Working with a team of experts can ease your workload and calm any fears you might have. A trusted partner stays updated on changing rules and new technology. They guide you in making smart choices about your site’s structure and features. By collaborating with experts, continuous accessibility becomes a manageable task rather than a giant project. You keep your site welcoming and compliant without excessive effort.

    Future-Proof Your Website with Continuous Accessibility

    Accessibility isn’t a one-time box to check off. It’s an ongoing journey that requires regular care and attention. By embracing continuous accessibility, you protect your business from lawsuits, manage your budget more effectively, and reach a broader audience. You also build a reputation for being inclusive, which makes users feel valued and keeps them coming back.

    If your business has already taken the first steps with a web remediation project, don’t stop there. Make sure your site stays compliant by practicing continuous accessibility as part of your standard workflow. You will save money, avoid risks, and serve a diverse group of people who might otherwise be left out.

    At 216digital, we understand that continuous accessibility may sound daunting. That’s why we offer expertise and tools like a11y.Radar, a real-time monitoring solution. Together, we can keep your site compliant and user-friendly. It’s time to future-proof your website, protect your brand, and ensure a better online experience for everyone. Because when you invest in continuous accessibility, you invest in long-term success—both for your business and for the people who depend on it.

    Greg McNeil

    March 7, 2025
    Web Accessibility Monitoring
    Accessibility, Accessibility monitoring, ADA Compliance, web accessibility monitoring, Website Accessibility
  • Title II Compliance Amid Political Uncertainty

    The political landscape around disability rights can shift quickly. Yet, for state and local governments, the legal requirements under the Americans with Disabilities Act (ADA) do not vanish. Title II of the ADA makes sure people with disabilities have equal access to government programs and services. Even when leaders talk about changing rules, the obligation to comply with Title II remains.

    A recent court case, Ellerbee v. State of Louisiana, shows how serious these rules are. This case has become a wake-up call for many. It sends a clear message: do not wait to make your digital services accessible, or you might face a lawsuit.

    ADA Title II Compliance: What Hasn’t Changed

    Under Title II, state and local governments must provide equal access to public services. This includes websites, online forms, and mobile apps. The ADA has always covered digital content, even though earlier laws did not spell it out as clearly as modern rules do. Some governments may be waiting for new regulations to make changes. But that is risky because Title II has long required equal access online.

    Recent regulations point to the Web Content Accessibility Guidelines (WCAG) as the standard. But just because these rules are more precise now does not mean the core obligation is new. Governments that do not meet these accessibility standards can still face legal action from private citizens or advocacy groups. Federal or local policy shifts do not take away the chance of a lawsuit.

    Ellerbee v. State of Louisiana: A Court-Ordered Reality Check

    In January 2025, a judge ruled that the State of Louisiana must make its websites accessible right away. The plaintiff, Beau Ellerbee, is blind. He sued Louisiana because he could not use its government websites. Louisiana claimed it did not have to follow accessibility standards yet because new federal deadlines were not in effect. However, the judge disagreed. The court said the ADA’s rules already exist and cannot be brushed aside.

    This ruling is important. It reminds all governments that waiting for future deadlines is dangerous. The court made it clear that Title II compliance is an immediate duty, not an optional one. If a website is not accessible, people can sue and win—right now. Governments should note this and avoid ignoring their responsibilities.

    Political Uncertainty and Compliance: What We Know and Don’t Know

    Many leaders wonder if changing political priorities will affect Title II compliance. Some worry that the rule could be canceled. While it is possible, changing a major rule is hard. It takes a long time to undo a regulation, so it will not happen overnight.

    Federal enforcement efforts can shift. Some administrations may push more or fewer investigations into accessibility. However, lawsuits from individuals and groups will not just stop. They can still file legal cases when they face barriers. Relying on reduced enforcement is risky. The question is: should you wait? The answer is no. Even if federal agencies slow down, private lawsuits will keep coming. Governments must stay prepared.

    Upcoming Deadlines for Digital Accessibility

    Here are the upcoming deadlines for digital accessibility:

    • Large municipalities (population more than 50,000) and public universities: April 2026
    • Smaller municipalities (population under 50,000) and special districts: April 2027

    Essential Steps for Title II Compliance

    But as we have learned, these deadlines do not mean you can wait until the last minute. Being proactive is essential. Governments should take the following steps now:

    1. Conduct Accessibility Audits: Check your websites, mobile apps, and PDFs to find barriers. Consulting with a specialist firm like 216digital to conduct a thorough audit can also be a wise investment.
    2. Prioritize High-Impact Services: Focus first on key areas like emergency services, tax portals, and public benefits. These are used most often.
    3. Implement Ongoing Training: Train your staff, especially those involved in website management and content creation, about web accessibility. 
    4. Monitor and Maintain Compliance: Accessibility is ongoing. After fixing issues, keep testing, new accessibility issues will arise over time.
    5. Document Efforts: Keep records of your audits, training sessions, and updates. This shows good faith in meeting Title II requirements.

    Legal Precedents Are Changing—Is Your Business Ready?

    Although the recent uproar in Louisiana focused on Title II, there is a growing concern that courts could apply the same level of scrutiny to Title III, which governs private businesses. When judges see states being held responsible for inaccessibility under Title II, it is not a stretch to imagine them enforcing strict guidelines for private companies under Title III of the ADA.

    Private online businesses that have not yet addressed accessibility may be at risk. Website accessibility lawsuits against private companies are on the rise. For instance, in 2017, federal lawsuits related to inaccessible websites and apps stood at around 814. By 2024, that number had soared to more than 4,000. If the tide can turn so quickly for state and local governments, private businesses should assume that Title III enforcement could intensify just as fast.

    The Path Forward Amid Uncertainty

    Political changes may create doubt, but the duty to follow Title II remains. The Ellerbee v. State of Louisiana ruling shows that waiting for future deadlines can lead to immediate lawsuits. If you manage a government website or any public-facing digital service, now is the best time to address accessibility needs.

    The same principle applies to private businesses. If you have questions about making your online presence meet ADA guidelines, consider scheduling an ADA briefing with 216digital. Our team of accessibility experts can develop strategies to integrate WCAG 2.1 compliance into your development roadmap on your terms so you can focus on what matters — your business.

    Greg McNeil

    March 4, 2025
    Legal Compliance
    Accessibility, ADA, ADA Compliance, ADA Title II, Title II, Web Accessibility
  • Can Fixing Accessibility Issues Void an ADA Lawsuit?

    The Americans with Disabilities Act (ADA) is a law designed to protect people with disabilities. It requires both physical and digital spaces to be accessible to everyone. When we talk about a website, accessibility issues might include problems like small text, missing captions for videos, or code that screen readers can’t understand. Fixing these barriers can make a big difference for people with vision, hearing, or other disabilities.

    But what happens when you’re sued for accessibility and then fix the barriers? Can you end the lawsuit just by correcting the problem? In some cases, if a legal dispute is settled or the main issue is resolved, the courts call it “moot.” A moot case is one where the concern is gone, and there’s nothing left to argue about. So, does fixing your accessibility issues automatically make the lawsuit moot and make the case go away?

    What Does “Moot” Mean in ADA Lawsuits?

    When a case is “moot,” it means the issue at the center of the dispute is fully resolved. There’s nothing more for the court to settle. Courts don’t spend time on moot cases because their job is to address real, ongoing problems. If a problem is completely gone, there’s no need to step in.

    How This Applies to ADA Lawsuits

    Many ADA lawsuits, particularly those concerning website accessibility issues, don’t always focus on money. Instead, they often request that a business fix the problem. If the business does correct its accessibility barriers, it can argue that the lawsuit should be dismissed because there’s truly nothing left to contest.

    However, making a handful of fixes doesn’t mean the court will deem it moot. Sometimes, the court still proceeds with litigation if it remains uncertain the corrections will hold in the long term or if the modifications are incomplete. The key point is that all accessibility issues must be resolved in a lasting way, so people with disabilities won’t ever encounter the same barriers again.

    What Factors Decide If a Case Is Moot?

    When You Fix the Problem Matters

    It’s much better to address accessibility issues before anyone files a lawsuit. If the problems no longer exist prior to litigation, there’s often no case in the first place. But if you wait until after someone sues, judges are more likely to scrutinize your fixes. They might allow the case to continue if they suspect the changes were rushed or not comprehensive.

    Proof That the Fix Is Permanent

    Courts want reassurance that the barriers won’t return. If your website is only partially fixed or if the fixes might break with the next update, the judge may not see the case as moot. To prove your commitment, demonstrate that your solutions are solid, tested, and built to last.

    Ongoing Accessibility Efforts Matter

    Judges look for signs you plan to remain accessible in the long run. A budget for accessibility, routine audits, and proper training show the court you’re taking this seriously. If you can prove you’re actively preventing new barriers, your argument to dismiss the lawsuit will be stronger.

    Does Fixing Accessibility Issues Make the Lawsuit Go Away?

    Short Answer: Not Always

    It may seem logical that correcting your site’s accessibility issues would end the legal fight, but lawsuits can persist even after changes are made. Here’s why:

    • Attorneys’ Fees and Costs: Plaintiffs often request attorney fees under federal law, which allows the prevailing party to recover these costs. Even if you fix the problem, the plaintiff might claim they deserve compensation for time and resources spent filing the lawsuit.
    • Compliance Verification: The court or plaintiff may want proof that your website remains compliant long term. This can involve audits, monitoring, or reporting requirements.
    • Bad Faith Litigation: Certain “serial litigants” file multiple lawsuits seeking quick settlements. Even after you fix the issues, these litigants could still pursue a settlement or legal fees.

    When Could the Case Be Dismissed?

    A court may dismiss a case if it’s truly moot, which typically requires showing a solid commitment to ongoing compliance. For instance, if you’ve:

    • Hired an accessibility consultant to thoroughly audit your site.
    • Corrected all the reported issues.
    • Adopted a formal accessibility policy.
    • Implemented regular testing and maintenance to keep your site accessible.

    If you can persuade the court there’s virtually no chance the same accessibility barriers will return, the lawsuit might indeed be dismissed as moot. However, the burden is usually on you to prove you’ve made genuine, lasting efforts.

    Why Proving Mootness Can Be Hard

    Unlike a physical location, a website is constantly updated. New products, images, or code can introduce fresh accessibility hurdles if you’re not careful. Because websites are so fluid, it’s tough to prove that issues won’t resurface. Courts remain cautious about calling a case moot if they believe the next update could create the same barriers again.

    The Business Bears the Burden of Proof

    It’s up to the business to convince the court that the barriers won’t come back. If the court isn’t entirely convinced, the lawsuit can stay active. This creates challenges for many companies because ongoing accessibility requires constant attention. Even minor overlooked glitches can affect people with disabilities—and put you back on the legal radar.


    Real Lawsuits: When Mootness Worked (and When It Didn’t)

    Diaz v. Kroger

    In Diaz v. Kroger, the lawsuit claimed Kroger’s website was inaccessible to individuals with disabilities. Kroger responded by upgrading the site to meet the Web Content Accessibility Guidelines (WCAG), widely regarded as the leading standard for web accessibility. They also established clear policies to maintain compliance. Since Kroger provided convincing evidence that the issues were fixed and unlikely to return, the court dismissed the case as moot.

    Haynes v. Hooters

    In contrast, Haynes v. Hooters went differently. Hooters made some modifications to address accessibility but couldn’t show that the site was fully accessible. They also lacked a clear plan to keep it accessible going forward. Because the fixes were incomplete and the long-term strategy was unclear, the case was not found moot. Hooters remained in legal hot water, even after implementing certain improvements.

    What Businesses Should Do to Avoid Lawsuits

    Stay Ahead of the Game with Accessibility Audits

    One of the most effective ways to avoid ADA lawsuits is by preventing barriers before they arise. Regular audits—for both your website and physical location—can help you catch accessibility issues early. These checks might cover screen reader compatibility, video captions, and easy navigation for keyboard-only users. Identifying these issues early lets you fix them before a lawsuit ever appears.

    Develop an Accessibility Plan

    A strong accessibility plan signals to courts (and customers) that you take the ADA seriously. This plan should include:

    • Clear Accessibility Policies: Document your commitment to making your website and business accessible.
    • A Real Budget for Improvements: Allocate funds for accessibility updates and necessary technology.
    • Scheduled Audits and Training: Conduct regular reviews and train your team to maintain accessibility every day.

    Document Everything

    Keep thorough records of what you’ve corrected, when you did it, and how you’re preventing new accessibility issues. Detailed documentation can be invaluable in court if you need to prove your compliance efforts. It also streamlines your updates and helps you catch minor errors before they become major problems.

    Team Up with 216digital to Stay ADA-Compliant

    Catching accessibility barriers early is the best way to avoid costly legal disputes and ensure all users feel welcome on your site. It also helps you steer clear of lawsuits that might not vanish just because you made a few changes.

    At 216digital, we understand how overwhelming it can be to keep pace with ADA regulations and website maintenance. That’s why we specialize in accessibility audits, risk mitigation, and compliance solutions. We believe in taking proactive steps so you’re not left scrambling after a lawsuit arrives.

    Instead of waiting to see if your site might face an ADA lawsuit, schedule a free ADA briefing today  to evaluate your site’s compliance. With the right measures, you can demonstrate to your customers—and the courts—that you’re genuinely committed to removing accessibility barriers and keeping your online presence open to all.

    Catching accessibility issues early is the best way to stay out of legal trouble and create a welcoming experience for all your visitors. It also helps you avoid the stress and cost of a lawsuit that might not go away just because you made a few changes.

    Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you have specific legal questions about your situation, consult with an attorney who specializes in ADA and accessibility matters.

    Greg McNeil

    February 21, 2025
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA Lawsuits, Moot, Website Accessibility
  • 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
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