ADA Lawsuit Archives /Tag

ADA Settlements: Risks, Costs, and Legal Outcomes

When a business is hit with an ADA website accessibility lawsuit, the costs can be more than just financial—they can ripple through development timelines, legal budgets, and brand reputation. And with digital accessibility lawsuits rising yearly, more developers, designers, and product teams are being pulled into legal remediation efforts they didn’t see coming.

But here’s the truth: Not every site needs to achieve 100% WCAG conformance overnight to avoid legal trouble. Smart, risk-aware development teams know how to focus on what matters most—protecting users and reducing legal exposure—without getting bogged down in unnecessary technical perfection.

This article breaks down what ADA settlements typically involve, how to assess legal risk in accessibility work, and when to prioritize critical fixes versus deeper WCAG alignment. Whether you’re retrofitting an existing website or launching something new, understanding the difference between technical and practical compliance can help you make more strategic choices.

What Are ADA Settlements and Why Do They Matter?

An ADA settlement is a legal agreement made outside of court after someone files a complaint or lawsuit under the Americans with Disabilities Act, usually regarding a website or app that isn’t accessible to people with disabilities. These agreements typically include:

A financial payment to the plaintiff (often $5,000–$50,000)
A commitment to fix specific accessibility barriers
A timeline for remediation and reporting requirements
A stipulation to train internal teams on accessibility best practices

Most companies settle because litigation is expensive, time-consuming, and unpredictable. Settling often avoids further public exposure or escalating legal fees—but it still requires swift technical action and long-term accountability.

The Real Costs of ADA Settlements

The direct cost of an ADA settlement can vary, but here’s a realistic breakdown for small to midsize organizations:

Settlement payout: $5,000–$30,000 (on average)
Attorney fees (your side): $5,000–$20,000+
Attorney fees (plaintiff’s side, often paid by you): $5,000–$50,000
Remediation costs: $5,000–$50,000 depending on site size and complexity
Training and monitoring costs: Ongoing

Beyond dollars, there’s the cost of dev time, stakeholder panic, potential press coverage, and damage to brand reputation. It’s no wonder more companies are starting to take accessibility seriously before a lawsuit lands on their desk.

The Technical vs. Practical Accessibility Approach

Let’s be clear—full WCAG 2.1 AA conformance is a great long-term goal. But when lawsuits or legal demands hit, the more strategic question becomes: What do we fix first to reduce the most risk, fastest?

Technical Approach

The technical approach focuses on achieving full conformance with WCAG criteria, including:

Semantic structure (landmarks, headings, ARIA roles)
Keyboard access for all functionality
Color contrast and visual design
Error prevention and accessible forms
Text alternatives for images, media, and interactive elements

While comprehensive, this approach can be time-consuming and expensive, especially if your site wasn’t built with accessibility in mind.

Practical Approach

The practical approach focuses on real-world usage and risk mitigation, emphasizing:

High-risk issues likely to appear in a lawsuit (keyboard traps, unlabeled buttons, inaccessible forms)
Fixes that enable blind, low-vision, and mobility-impaired users to navigate, read, and transact
Remediating issues cited by popular screen readers (e.g., NVDA, VoiceOver) and automated tools (e.g., Google Lighthouse, WAVE)

This approach doesn’t replace full compliance—it prioritizes it. For many developers under pressure, this is the smarter path in the short term.

How to Identify High-Risk Accessibility Issues

You don’t need to fix every single WCAG failure at once. Start by focusing on the most common issues that trigger ADA lawsuits:

Issue Type	Description
Keyboard Traps	Can’t tab out of a modal or menu
Missing Button Labels	Screen readers announce “button” with no context
Inaccessible Forms	Fields lack labels, or error messages aren’t announced
Poor Color Contrast	Text is unreadable for people with low vision
Broken Skip Links	Users can’t bypass repetitive navigation
Inconsistent Heading Use	Screen readers can’t navigate efficiently
Missing Alt Text	Images lack descriptions for screen reader users

Each of these can significantly affect usability—and is a frequent target in lawsuits.

Real-World ADA Settlement Outcomes

To understand how this plays out in the wild, here are three simplified examples:

1. Small Retailer Settles for $15K + Fixes

A small e-commerce business received a demand letter after their cart and checkout were found to be inaccessible to keyboard users. They settled for $15,000 and committed to a 90-day remediation plan targeting key transactional flows.

2. Nonprofit Faces Multiple Complaints

A regional nonprofit was hit with three nearly identical lawsuits within six months. They paid over $60,000 total in settlements, then hired an accessibility partner to run audits, update templates, and add ongoing monitoring.

3. Enterprise Brand Chooses Full Compliance

After receiving a lawsuit, a national retailer chose to settle and invest in full WCAG 2.1 AA remediation. The effort took over 9 months but allowed them to build a sustainable accessibility program and avoid future litigation.

How to Strengthen Accessibility and Reduce Legal Risk

Navigating ADA compliance doesn’t require perfection—it requires prioritization. While no one expects your team to fix everything overnight, there are key actions you can take right now to reduce your legal exposure and improve user access:

Get Grounded in WCAG

You don’t need to memorize the entire spec, but your team should understand the fundamentals. Focus on guidelines related to navigation, labeling, and readable text—areas most often cited in ADA settlements.

Run an Audit—Then Act

Automated scans won’t catch everything, but they’re a fast way to surface high-risk gaps like missing alt text or poor contrast. Follow with targeted manual testing or bring in a specialist like 216digital to validate findings and prioritize fixes.

Train the Right Teams

Developers aren’t the only ones who touch your site. Marketing, design, and content teams need basic accessibility training so issues aren’t reintroduced after remediation. This step is often required as part of ADA settlements and signals long-term commitment.

Monitor Continuously

Accessibility is not a “set it and forget it” process. With 216digital’s a11y.Radar, teams can catch regressions early and stay ahead of future lawsuits.

Stay Adaptive

Standards evolve. So should your strategy. Track changes to WCAG and be ready to update design systems, templates, and workflows to maintain long-term compliance.

Final Thoughts: Don’t Wait for a Lawsuit

ADA settlements are a growing risk—but they’re also preventable. Developers and site owners don’t have to boil the ocean to protect themselves. By taking a practical, high-impact approach to accessibility and knowing what issues matter most in legal outcomes, you can avoid major pitfalls while creating better digital experiences for everyone.

The key is to start. Run a scan, fix a few common issues, and build from there. If you’re unsure where to begin, partnering with an accessibility expert like 216digital can guide you through smart remediation strategies that work—before a lawsuit forces your hand.

Need help navigating accessibility risks?

Schedule a free 15-minute ADA briefing with 216digital. We’ll review your site and talk strategy and help you take the first step toward compliance and peace of mind.

Greg McNeil

May 7, 2025

Legal Compliance, Uncategorized

Accessibility, ADA Lawsuit, ADA Lawsuits, ADA settlements, Web Accessibility

Judge Pushes Back on Serial ADA Plaintiffs
The Americans with Disabilities Act (ADA) was enacted in 1990 to prohibit discrimination against people with disabilities. Over the years, it’s helped make public spaces—including digital environments—more accessible to everyone. However, the rise of serial ADA plaintiffs—individuals who file dozens or even hundreds of lawsuits—has raised serious concerns among business owners and judges alike. Some of these cases appear less about securing genuine accessibility improvements and more about generating quick financial settlements.

Recently, a federal judge pushed back against this growing trend, signaling that the courts are beginning to question the motives and tactics of some serial ADA plaintiffs. This shift could mark a turning point for businesses frustrated by opportunistic lawsuits. But it doesn’t mean business owners can relax when it comes to ADA compliance—especially online.

In this article, we’ll explore what serial ADA litigation looks like, why businesses risk non-compliance in the first place, how a recent judge’s ruling might change the game, and what proactive steps businesses can take to protect themselves. We’ll also show how partnering with a firm like 216digital can ensure your digital properties are accessible and legally compliant.

What Are Serial ADA Plaintiffs?

A serial ADA plaintiff is someone who files multiple lawsuits under the ADA, often targeting small businesses for alleged accessibility violations. While the ADA is a civil rights law that rightly empowers individuals to hold businesses accountable, these serial filings usually follow a pattern:
- Rapid-fire lawsuits: Dozens of complaints are filed in a short period, often by the same attorney.
- Low-hanging claims: Plaintiffs target minor infractions, such as font contrast issues or missing alt text on websites.
- Settlement-focused: Lawsuits are usually resolved with monetary settlements rather than actual accessibility improvements.
These actions put a financial strain on small and mid-sized businesses, many of which settle to avoid legal fees—even if they were unaware of the issues or were actively working toward compliance.

Why Do Businesses Risk ADA Non-Compliance?

Many business owners want to do the right thing, but digital accessibility often falls through the cracks for a few reasons:
- Lack of awareness: Some companies don’t realize ADA applies to their websites, not just physical locations.
- Complex regulations: Accessibility laws and standards like WCAG (Web Content Accessibility Guidelines) can be difficult to interpret without expert guidance.
- Limited budgets: Small businesses may not have the resources to hire in-house accessibility experts.
- Inconsistent enforcement: Until recently, the legal system’s tolerance for serial plaintiffs made compliance seem like an expensive guessing game.
Unfortunately, ignorance of the law doesn’t exempt businesses from lawsuits—especially when aggressive litigants are actively seeking out violators.

Judge Cogan Pushes Back: A Turning Point?

In a recent case, federal Judge Cogan of California dismissed multiple web accessibility lawsuits brought by a serial plaintiff, citing a lack of standing and evidence of genuine harm. The court noted that the plaintiff had filed over 50 nearly identical lawsuits against small businesses, often without ever intending to visit or interact with them in any meaningful way.

Judge Cogan questioned whether the plaintiff had suffered real injury or was simply using the ADA as a tool to generate settlements. The ruling emphasized that the purpose of the ADA is to promote meaningful access, not to enable exploitative litigation.

This decision doesn’t make digital accessibility any less important—but it sends a clear message: the courts are starting to scrutinize the intentions behind ADA lawsuits. It’s a warning to serial plaintiffs and an opportunity for businesses to address compliance proactively rather than react to legal threats.

Practical Steps to Avoid Being Targeted

Whether or not the courts are curbing serial litigation, businesses should take real accessibility seriously. Here are steps to protect your brand, reduce legal risk, and create better experiences for all users:

1. Conduct a Professional Accessibility Audit

Start by identifying what accessibility issues exist on your website. Automated tools can catch some problems, but a full audit—especially one that includes manual testing with assistive technologies—is the gold standard.

2. Fix the Most Common Accessibility Errors

Serial plaintiffs often target:
- Missing alt text on images
- Poor color contrast
- Inaccessible navigation menus
- Improper heading structures
- Forms that can’t be completed with a keyboard
Addressing these issues can significantly lower your risk of being sued.

3. Document Your Accessibility Efforts

Even if your site isn’t perfect, showing that you’re making active efforts can make a difference in court. Keep records of audits, remediations, and ongoing updates.

4. Stay Informed on Legal Requirements

Accessibility standards evolve. Staying up to date on WCAG guidelines and DOJ updates to ADA interpretations is essential to maintaining long-term compliance.

5. Implement Ongoing Monitoring

Accessibility isn’t a one-and-done project. Use tools like a11y.Radar, offered by 216digital, to continuously monitor and address new issues before they become problems.

How 216digital Helps You Stay Accessible—and Lawsuit-Proof

At 216digital, we specialize in helping businesses of all sizes navigate the often-confusing world of digital accessibility. We go beyond automated scans and generic checklists to provide comprehensive, real-world accessibility services that keep you compliant and reduce your legal exposure.

Our Services Include
- Phase 1 Risk Mitigation: We identify and fix the most high-risk accessibility issues that could attract serial ADA plaintiffs.
- Phase 2 Real-World Accessibility: We use screen readers, keyboard-only navigation, and other assistive technologies to test your site like real users do.
- a11y.Radar Monitoring: Our proprietary service provides ongoing accessibility monitoring and alerts, ensuring your site stays compliant even as content changes.
- Accessibility Consulting and Training: We don’t just fix your website—we empower your team with the knowledge and tools to maintain accessibility long-term.
By working with 216digital, you’ll avoid frivolous lawsuits and create a better online experience for all your users, including those with disabilities.

Final Thoughts

The recent judicial scrutiny of serial ADA plaintiffs is a promising development for business owners who feel trapped between doing the right thing and defending against exploitative lawsuits. But make no mistake: web accessibility still matters—and compliance is still your responsibility.

Rather than playing defense after a lawsuit hits your inbox, you can take a proactive approach that protects your business, supports your customers, and aligns with the original spirit of the ADA.

Let 216digital help you stay compliant, reduce risk, and deliver a more accessible web experience for everyone.

Need help getting started?

Contact 216digital today for a professional web accessibility audit and find out how we can help you safeguard your digital presence from serial ADA plaintiffs.
Greg McNeil

April 10, 2025

Legal Compliance

Accessibility, ADA Lawsuit, Web Accessibility, Website Accessibility
What Designers Get Wrong About Accessible Web Design

When we talk about accessible web design, most people picture developers digging into code to fix issues after the fact. But the real magic—and often the biggest missed opportunity—starts much earlier in the process. It starts with us, the designers.

Design isn’t just about how something looks; it’s about how something works. That includes making sure every user can interact with it, regardless of ability. The challenge is, even seasoned designers can unintentionally leave accessibility gaps in their work. Not out of carelessness, but simply because we weren’t taught to think about it.

Let’s take a look at the most common ways accessible web design gets overlooked in the design phase—and how small changes can make a big difference. These aren’t technical developer fixes. They’re simple, design-first decisions that help create a more inclusive experience for everyone.

Relying on Color Alone

Using color to communicate meaning—like red for errors or green for success—might feel intuitive. But it doesn’t work for everyone. People with color vision deficiencies may not distinguish between red and green. Others might be browsing on devices in bright sunlight or with grayscale settings turned on. Color alone just isn’t enough.

The good news is that accessible web design doesn’t mean ditching color—it means backing it up. A red border becomes more effective with an icon like an exclamation point and a short label that says “Error.” Color still enhances the message, but now it’s readable by everyone, regardless of how they perceive color.

Poor Contrast Between Text and Background

Minimalist palettes are trendy, but light gray text on a white background can create a serious readability issue. For users with low vision, poor contrast turns your carefully crafted content into a frustrating puzzle. It’s not just a style choice—it’s a usability barrier.

Aiming for at least a 4.5:1 contrast ratio ensures your text is readable under a wide range of conditions, including mobile screens and bright environments. Tools like WebAIM’s Contrast Checker make it easy to test combinations. With accessible web design, clarity and style can absolutely coexist.

Hover-Only Interactions

Hover effects can make an interface feel sleek and modern, especially for desktop users. But the reality is that not everyone navigates with a mouse. Touchscreen devices and keyboard users don’t have the option to hover, which means they could miss essential content like tooltips, dropdowns, or action buttons.

Accessible web design calls for interaction that works across devices and input types. If something appears on hover, it should also be accessible via keyboard focus or tap. That way, no one is left guessing—or worse, completely missing part of the site.

Hiding or Removing Focus Styles

One of the more subtle mistakes designers make is removing focus outlines to make interfaces feel cleaner. That glowing blue ring might not match the brand aesthetic, but it’s a crucial indicator for users navigating with a keyboard. It shows where they are on the page.

Instead of removing it, try styling the focus indicator in a way that fits your brand. Make it visible, make it intentional. It’s a small touch, but it honors the needs of users who rely on keyboard navigation. That’s the heart of accessible web design—keeping things usable, not just pretty.

Icon-Only Buttons Without Labels

A trash can, a gear, a hamburger menu—these are all familiar icons to some of us. But they’re not universal. Assuming every user will instantly recognize what an icon means can create confusion, especially for users with cognitive differences or those who are new to digital interfaces.

By adding a short label like “Delete” or “Settings,” or by providing an accessible name using ARIA labels, you give your users clarity. Icons still add visual interest, but now they’re functional for everyone. It’s another way accessible web design respects a broader range of experiences.

Vague Link Text

Link text like “Click here” or “Learn more” might seem harmless, but it quickly becomes a problem for people using screen readers. These users often navigate by skimming a list of links, completely out of the surrounding context. If all the links say the same thing, it’s impossible to know where they go.

Writing meaningful link text—like “Download the 2025 Pricing Guide” or “Explore Our Accessibility Services”—adds clarity for everyone. Plus, it’s great for SEO. In accessible web design, clarity and functionality always go hand-in-hand.

Layouts That Fall Apart When Text Is Resized

Many users with low vision increase their device’s text size to read more comfortably. But if a layout isn’t built to handle that, the entire page can fall apart. Text overlaps, buttons get cut off, and navigation becomes a mess.

Designing with flexibility in mind—using relative units like em, rem, or percentages instead of fixed pixel values—helps keep layouts intact even when zoomed in. Responsive grids, media queries, and scalable components all support accessible web design by making sure your content can adapt.

Skipping Alt Text on Images

Every image on your site has a purpose, whether it’s decorative or informative. But when you leave out alt text—or worse, insert placeholder text like “image123.jpg”—users who rely on screen readers are left without context.

Good alt text is short, specific, and helps users understand the image’s role in the content. For example, “Smiling customer using our mobile app” is useful. If the image is decorative and adds no meaningful content, you can mark it as such so screen readers skip it. Accessible web design makes visuals work for everyone, not just those who can see them.

Hard-Coded Font Sizes

Hardcoding fonts in pixels may seem like a safe bet for maintaining visual control, but it can limit how users adjust their settings. People who need larger text may be blocked by your choices, especially if CSS prevents scaling.

By using relative units, you give users control over their reading experience. Fonts should scale with their preferences, not fight against them. Accessible web design puts usability first, allowing your audience to engage with your content in the way that works best for them.

Overly Complex Navigation

Mega menus, fancy interactions, and unique navigation patterns can look impressive in a mockup—but they can create major barriers for people using keyboards or assistive tech. When navigation becomes a puzzle, users are more likely to get frustrated and leave.

The most effective navigation is simple, consistent, and easy to explore. Use clear labels, test with keyboard-only input, and rely on semantic HTML whenever possible. Accessible web design doesn’t mean boring—it means dependable, predictable, and inclusive.

Where Good Design Meets Real-World Impact

Designers have the power to make the web more inclusive. And the best part? You don’t have to start from scratch. These changes are often small, thoughtful adjustments that make a big difference for users who rely on them.

Accessible web design isn’t a limitation—it’s an invitation to create better work. It asks us to go beyond trends and think deeply about the people who use the things we build. With every project, we can help make the internet a place where more people feel seen, supported, and able to fully participate.

If you’re looking for a partner who understands the balance between beauty, functionality, and accessibility, 216digital is here to help. Together, we can make accessible web design the standard—not the exception.

Greg McNeil

April 8, 2025

How-to Guides, Web Design & Development

Accessible Design, ADA Lawsuit, How-to, responsive design, UX, Web Accessible Design
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
The Accessibility Lawsuit Trend No One’s Talking About

In 2025, the world of digital accessibility is more complicated and urgent than ever. Lawsuits over website accessibility are on the rise, and they are changing in ways many businesses haven’t prepared for. In the past, companies would run automated scans and assume they were safe. But a troubling new trend has emerged. Plaintiffs are now basing their legal cases on problems that only show up through manual audits. If your website is relying on automated checks alone, you could be at serious legal risk. This article explains why this shift is happening, how automated scans fall short, and what you can do right now to stay ahead.

Why Automated Scans Are No Longer Enough

Over the years, many accessibility lawsuits pointed to errors found by automated tools. These tools check for missing alt text on images, low color contrast, and other basic issues. But today, plaintiffs’ lawyers and accessibility consultants are using manual audits to find deeper barriers. They test how a site really works for someone with a disability. They check if a keyboard-only user can reach all parts of a form, or if a screen reader can make sense of the menu. These tests go beyond surface-level coding problems.

Now, many businesses find themselves sued even though they passed automated scans. Plaintiffs’ experts show detailed reports from manual audits to prove real-life barriers. Lawyers and judges are giving more weight to these reports, which show that a site may look fine to the naked eye but still fail to support people with disabilities. If businesses don’t adjust, they could face serious legal costs and brand damage.

The Problem with Automated Scans

Automated scans still have their place. They’re great for catching low-hanging fruit like missing alt attributes or basic color contrast issues. However, they’re just one piece of the accessibility puzzle. Here are a few examples:

Contextual Understanding

Tools can’t interpret how a page flows from one element to another or whether a user’s journey makes sense. For instance, an automated tool might confirm that a button has a label. But it won’t confirm if that label makes sense in context—for example, “Click Here” might be flagged as accessible by an automated tool but provides zero context to screen readers.

Dynamic Interactive Elements

If your site has pop-ups, carousels, or complex menus, automated scans might not catch when these elements create focus issues. A user relying on keyboard navigation might get stuck or lose track of where they are on the page.

Human Navigation Patterns

Real users might try multiple paths to accomplish tasks, like making a purchase or filling out a form. Automated tools generally test code in a linear fashion, missing real-world usage patterns.

Advanced ARIA Techniques

ARIA can help screen readers identify custom elements (like drop-downs, tabs, or modals). However, it must be implemented correctly. An automated tool might only check if ARIA attributes exist, not if they are used correctly.

Recent Case Examples Where Automated Scans Failed

Several businesses have learned this lesson the hard way. Although you might read about them in publications like The Wall Street Journal, three notable examples include:

Kramer Knives

A small business specializing in handcrafted knives faced a lawsuit from a visually impaired plaintiff. Kramer Knives believed they were compliant because an automated scan showed few errors. However, manual testing uncovered keyboard navigation issues and unclear labels, resulting in legal action.

Electric Bike Technologies

This e-commerce business was sued for alleged inaccessibility after a plaintiff discovered barriers during manual testing. The automated scans the company had relied on were insufficient, as they didn’t catch certain interactive elements that weren’t accessible to screen readers.

Extract Labs

This CBD and cannabinoid products seller thought their high automated score meant they were safe. However, manual audits found significant barriers—like form fields that weren’t properly labeled and pop-up modals that trapped keyboard focus—leading to a lawsuit.

In each instance, the businesses thought they were protected. But what they missed—those deeper, functional issues—still made their sites inaccessible to real users and vulnerable in court.

How This Shift Could Activate a Wave of Accessibility Lawsuits in 2025

More Lawsuits, More Targets

Since manual audits reveal issues that automated scans ignore, it’s easier than ever for plaintiffs to build a strong legal case. E-commerce stores, healthcare websites, and travel booking sites are especially vulnerable. Their complex forms and interactive features may pass an automated check but fail real-world testing.

The Rise of Copycat Lawsuits

Accessibility lawsuits now follow a pattern. According to recent statistics, 41% of federal court lawsuits in 2024 targeted businesses that had already been sued before. Plaintiffs’ law firms reuse winning strategies again and again. Once they find a successful argument, they apply it to many businesses across different industries. Small businesses without in-house accessibility knowledge become prime targets. They often settle quickly to avoid higher legal costs, which makes them even more attractive to plaintiffs. These copycat lawsuits can destroy a business’s reputation and finances.

What Website Owners Need to Do Now

Going Beyond Automated Scans

It’s clear that if your only strategy is running an automated scan, you’re leaving yourself wide open. You need a multi-layered approach that combines automated scanning with manual audits for a complete look at your site. Manual audits test your website in the same way real users do.

Testers try to navigate using only a keyboard, or with a screen reader, or with special settings to assist low vision. This approach catches hidden barriers that an automated check will never see. If possible, individuals with disabilities should be involved in testing. Their feedback is invaluable because it reflects real-world challenges that neither a tool nor a developer might anticipate.

Creating a Proactive Accessibility Strategy

If you want to stay off a plaintiff’s radar, or at least have a strong defense if sued, take these steps:

Conduct a Full Accessibility Audit

Start with an initial assessment that combines automated tools and manual audits. Identify all major barriers to accessibility on your site.

Remediate the Issues

Fix the problems uncovered by your audit. This might involve updating code, redesigning certain elements for better contrast and clarity, or rethinking how your site’s navigation is structured.

Implement Ongoing Monitoring

Accessibility isn’t a “set it and forget it” project. Every time you add a new product, page, or feature, you could introduce new barriers. Schedule periodic reviews, both automated and manual or sign up for monitoring services like Accessibility Radar (a11y.Radar).

Train Your Team

Developers, designers, content writers—everyone on your team should know the basics of accessibility. Make sure they understand how to write alt text, use headings properly, and maintain keyboard-friendly navigation.

How 216digital Can Help

If you’re feeling overwhelmed, you’re not alone. It’s a big task to ensure your website is fully accessible, especially if you’re new to web accessibility. At 216digital, we focus on making accessibility practical and achievable for businesses of all sizes.

Our experts will test your website the way actual users do. We don’t just point out problems. We help you fix them for the long run. Whether your site needs design tweaks, code adjustments, or content changes, we’ll guide you every step of the way.

We don’t stop there. Accessibility standards change, and we stay on top of new guidelines. We provide ongoing support to make sure your site remains accessible. By combining automated scans with manual audits, our team delivers a full view of your accessibility status.

Take Action Today

Many business owners don’t think about website accessibility until they get served a lawsuit. By then, it may be too late. The better plan is to act now. Start with a thorough assessment and fix any barriers before a plaintiff turns them into a legal case. If you wait, you could face serious penalties, legal fees, and harm to your brand.

To stay protected, schedule a free accessibility risk assessment with 216digital. Our team will show you how manual audits can spot hidden barriers, and we’ll guide you on how to fix them. Avoid the growing wave of lawsuits by making your site accessible today. After all, equal access is not just a legal issue—it’s the right thing to do for your customers and your business.

Remember: automated scans are no longer enough. By embracing manual audits, you can protect your business, serve your customers better, and stay on the right side of the law. Don’t wait until you become the next lawsuit headline. Act now and secure your place as a leader in digital accessibility.

Greg McNeil

February 5, 2025

Legal Compliance

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

1. Growing Awareness of Accessibility Rights

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

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

2. The Rapid Expansion of Digital Technologies

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

3. Legal Precedents and Heightened Enforcement Trends

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

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

4. The Impact of Accessibility Testing Tools

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

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

5. The Demand for Proactive Accessibility Compliance

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

The Time to Act on Accessibility Is Now

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

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

January 31, 2025

Legal Compliance

2025, ADA Compliance, ADA Lawsuit, ADA Lawsuits, ADA Website Compliance, web accessibility lawsuits
ADA Lawsuits Are Changing: What It Means for You
In 2024, digital accessibility became a critical focus for businesses as ADA compliance lawsuits revealed new challenges and risks. While the number of lawsuits stayed high, the strategies behind them shifted in surprising ways. These changes underscored the growing need for businesses to stay proactive, not just reactive, about accessibility.

Whether you’re a business owner, developer, or part of an e-commerce team, understanding these trends can help you avoid legal pitfalls and create a better online experience for everyone. In this article, we’ll explore how ADA compliance lawsuits evolved from 2023 to 2024 and share practical steps to safeguard your business.

The Rise and Shift of ADA Lawsuits for Websites

In 2023, there were more than 4,500 website-related ADA lawsuits—continuing an upward trend from previous years. By 2024, that number stayed significant, with over 4,000 filings. However, the real story lies in how these cases progressed. While federal lawsuits dipped slightly, state-level claims surged, catching some businesses off guard.

But where are these lawsuits happening most often? Understanding the geographic hotspots for ADA litigation can give businesses insight into where compliance is under the most scrutiny—and help them prepare accordingly.

Geographic Hotspots

New York again stood out as a hotspot for ADA lawsuits. Favorable state laws and a high concentration of plaintiff law firms contributed to a spike in litigation there. California remained a close second, largely due to its “physical nexus” requirement that often ties digital accessibility to brick-and-mortar stores. For businesses operating or selling in these states, the message was clear: staying ahead of accessibility standards is crucial to reduce legal exposure.

Widgets and Overlays Don’t Cut It

It came as no surprise in 2024 that accessibility widgets and overlays repeatedly fell short of their promises. Many of these so-called “quick fixes” only mask deeper barriers instead of truly solving them—an approach that inevitably leaves websites vulnerable to lawsuits. Over 1,000 businesses discovered this the hard way last year, getting hit with legal action despite having widgets in place.

Why Do Overlays Fail?

Widget typically offer superficial features like text-to-speech or color contrast settings, but they don’t fix the underlying coding errors—unlabeled buttons, broken forms, or improper heading structures—that truly affect users with disabilities. Plaintiffs and their attorneys have become more vigilant in spotting these shortcomings, and rightfully so. If a website is rife with barriers, a widget can’t make it magically accessible. Instead, a holistic approach that addresses root design and development problems is the only reliable way to ensure your site is inclusive and shielded from legal challenges.

Even beyond the issues with overlays, businesses faced another growing challenge in 2024: repeat lawsuits.

The Growing Challenge of Repeat Lawsuits

One of the most alarming trends of 2024 was the rise in repeat lawsuits. Around 40% of lawsuits targeted businesses that had already been sued. Yup, repeat lawsuits are on the rise, and they’re exposing a common problem.

Many companies settle a case, fix a few issues, and then move on. But if you only patch up one part of your site—or ignore your mobile app and subdomains—you’re leaving the door wide open for another round of ADA lawsuits.

The lesson here is pretty clear: you need a comprehensive approach to accessibility. That means reviewing every part of your online presence, not just the parts that got flagged before.

Why E-Commerce Websites Were the Hardest Hit

Just like in 2023, e-commerce businesses were a favorite target for ADA lawsuits in 2024. It’s not hard to see why.

Online stores change all the time—new products, fresh promotions, and constant updates. But every tweak and addition is an opportunity for accessibility issues to sneak in. If your product images don’t have alt text or your checkout page isn’t screen reader-friendly, you’re putting up barriers for customers.

And here’s the kicker: it’s easy for plaintiffs to prove harm when they can show they couldn’t complete a purchase because of these barriers. That makes e-commerce sites a prime target.

The takeaway? Prioritize accessibility. It’s not just about avoiding lawsuits—it’s about making shopping easier and more enjoyable for everyone.

What You Can Do to Avoid ADA Lawsuits

So, what’s the game plan for staying out of trouble? Here are some practical steps to help you avoid ADA lawsuits:
1. Audit Your Site Regularly: Use tools to check for issues like missing alt text, poor keyboard navigation, or inaccessible forms. And don’t stop at automated tools—manual checks are just as important.
2. Work With Accessibility Pros: Partner with experts who can guide you through the process of making your site compliant.
3. Educate Your Team: Train your developers, designers, and content creators on accessibility best practices. The more they know, the fewer issues they’ll create.
4. Involve Real Users: Test your site with people who use assistive technologies. Their feedback is invaluable.
5. Ditch the Widgets: Instead of relying on overlays, invest in long-term fixes that address the root of your accessibility challenges.
Accessibility: A Legal Requirement and a Moral Choice

The rise in ADA lawsuits from 2023 to 2024 proves that accessibility isn’t going away. If anything, the pressure to comply will only grow, especially with new guidelines like WCAG 2.2 and increased enforcement from the Department of Justice.

But accessibility isn’t just about avoiding lawsuits. It’s about making the internet a more inclusive space. When your website is accessible, you’re opening your doors to everyone, regardless of ability.

Don’t leave accessibility to chance. At 216digital, we specialize in helping businesses like yours navigate the complexities of digital accessibility. From comprehensive audits to ongoing support and monitoring through our a11y.Radar tool, we’ve got you covered. Let us help you stay compliant, reduce your risk, and create a website that works for everyone.

Take the first step today—schedule your ADA compliance consultation with 216digital. Together, we’ll build a more inclusive digital experience for your business and your customers.
Greg McNeil

January 23, 2025

Legal Compliance

2024 accessibility lawsuits, Accessibility, ADA Lawsuit, ADA Lawsuits, web accessibility lawsuits, Website Accessibility
ADA Lawsuits: A Growing Concern in New York

In recent years, New York has become a major hotspot for lawsuits related to digital accessibility under the Americans with Disabilities Act (ADA). As businesses increasingly rely on websites, mobile apps, and other online tools, it is no longer enough to make physical spaces accessible.

Today, digital platforms must also meet the same standards of accessibility as brick-and-mortar stores. Failing to do so can place a business at risk for costly and time-consuming legal challenges. Nowhere is this truer than in New York, where state and federal laws and a welcoming environment for plaintiffs have combined to create a surge in such cases.

It is important to understand why these lawsuits are happening and what your business can do to protect itself. By taking a close look at the trends, legal requirements, and strategies for achieving digital accessibility, companies can avoid expensive legal battles, improve their brand image, and tap into a wider range of customers.

Why is Accessibility So Important?

The ADA was created to ensure that people with disabilities have the same access and opportunities as everyone else. At first, many people focused on making physical spaces accessible. This included adding wheelchair ramps, elevators, and braille signs. Today, though, access also means making sure that websites, online stores, and mobile apps are easy for everyone to use. For example, a person with low vision may rely on a screen reader to understand the content on a website. If the site is not coded correctly, that user might struggle to shop online, book a hotel room, or order food.

When websites are hard for people with disabilities to use, it doesn’t just cause frustration—it can also be illegal. The ADA applies to many online experiences, and New York’s own laws add even more layers of protection for people with disabilities. All businesses that sell products or services online need to understand these rules, especially if they serve customers in New York.

Understanding the Rise in New York Lawsuits

In 2023, more than 4,500 ADA-related digital lawsuits were filed across the country—about 500 more than the previous year. New York has been at the center of this growth. While it previously trailed California, New York now accounts for a large share of all website accessibility cases filed in federal and state courts. Some experts estimate that New York makes up nearly three-quarters of these claims nationwide.

What is causing this surge? A few key factors stand out:

Plaintiff-Friendly Courts

New York courts have a history of being friendly toward plaintiffs in ADA cases. Judges in the state are often willing to recognize a wide range of digital platforms as places of “public accommodation” under the law. This means more online businesses can be held responsible for failing to meet accessibility standards.

Multiple Layers of Law

Businesses must follow both the federal ADA rules and New York’s own state laws, such as the New York State Human Rights Law (NYSHRL). The NYSHRL can offer extra paths for plaintiffs to sue, making it easier and more appealing to file claims in New York than in some other states.

Active Plaintiffs and Law Firms

New York is home to many “serial plaintiffs” and law firms that specialize in ADA lawsuits. These are individuals and groups who regularly file new claims, often targeting multiple businesses at once. Their ongoing efforts help drive up the total number of cases filed each year.

Industries Under the Microscope

All kinds of businesses have faced ADA lawsuits in New York. E-commerce sites, which sell everything from clothing to electronics, are often hit the hardest. Since most online shopping involves browsing pictures, reading descriptions, and clicking through links, any barrier for people with disabilities can lead to serious issues. For instance, a person who cannot see images needs text alternatives (often called “alt text”) to understand what is being sold. Without alt text, the shopping experience is blocked.

Restaurants and hospitality businesses are also common targets. Online menus, booking systems, and reservation forms must be designed so that people using assistive technology can navigate through them. Even online videos need captions or audio descriptions for those who cannot see or hear well.

Other industries, such as entertainment, real estate, banking, and healthcare, are also under scrutiny. If you run any kind of website that reaches customers in New York, there is a risk that you could face a lawsuit if your site is not accessible.

You Don’t Have to Be Based in New York

One common misunderstanding is that these lawsuits only affect businesses physically located in New York. That is not true. If your website or app is accessible to New York consumers—and especially if you sell goods or services to them—you can be drawn into a New York court. The internet is not limited by borders, and plaintiffs can argue that you are “doing business” in New York if you serve customers there.

The Costs of Non-Compliance

The financial consequences of being sued for ADA violations can be serious. Settlements can run anywhere from $10,000 to $100,000, and that does not include the cost of hiring lawyers, spending time in court, or fixing your website to meet legal standards after the fact. Beyond money, your company’s reputation is at stake. Customers who learn that you do not prioritize accessibility might choose to shop elsewhere.

Moreover, ignoring accessibility means ignoring a huge market. According to the Centers for Disease Control and Prevention (CDC), about 26% of American adults live with a disability. They and their families represent hundreds of billions of dollars in spending power. Making your digital platforms welcoming to them is not just the right thing to do—it also makes good business sense.

Keys to Avoiding Lawsuits: Proactive Accessibility

The best way to avoid a lawsuit is to make your website or app accessible before anyone complains. Here are some steps you can take:

Run an Accessibility Audit

Start by checking your current digital platforms for common barriers. Use both automated scanning tools and manual testing by people with disabilities, if possible. Automated tools can highlight common issues, such as missing image descriptions or poor color contrast. Manual testers can provide real-world feedback on what it’s like to use your site with assistive technology.

Meet WCAG Standards

The Web Content Accessibility Guidelines (WCAG) are considered the gold standard for making web content accessible. WCAG 2.1 at the AA level is often the target that businesses aim to meet. These guidelines cover areas like making sure images have descriptive text, ensuring that videos have captions, and checking that all parts of the site can be reached with a keyboard instead of a mouse.

Train Your Team

Accessibility should not be an afterthought. Teach your web designers, developers, and content creators to build accessibility into their work from the start. Simple habits—like always adding alt text to images, using proper headings, and ensuring enough color contrast—can go a long way toward meeting legal requirements.

Keep Accessibility in Mind When Updating

The work does not end once you meet accessibility standards. Each time you add new content, update your platform, or roll out a new feature, test again to make sure it is still accessible. Accessibility is an ongoing process, not a one-time project. Tools like 216digital’s a11y.Radar service offer ongoing monitoring to help businesses stay ahead of potential issues.

Seek Professional Help

If you are uncertain about how to meet ADA requirements, consider reaching out to consultants or legal experts who specialize in ADA and NYSHRL compliance. They can guide you through the process, help you find the right tools, and make sure that your efforts meet current standards.

Building an Inclusive Digital Presence

Instead of seeing accessibility as a burden, consider it an opportunity. By welcoming all users, you show that you value fairness, inclusion, and excellent customer service. Making your site easier to navigate benefits everyone, not just people with disabilities. Clear layouts, good contrast, easy-to-understand language, and well-organized menus make the online experience better for all visitors.

Plus, many accessibility improvements help with search engine optimization (SEO). For example, adding accurate captions to images or videos can help search engines understand your content, possibly boosting your ranking in search results. This can attract even more customers over time.

A Changing Legalscape

The surge in ADA accessibility lawsuits in New York is not just a short-term trend. It reflects a broader shift in how the internet is regulated and how society views equal access. Lawmakers, judges, and advocacy groups are paying closer attention to digital accessibility than ever before. It is wise to expect that these standards will continue to evolve and become even stricter over time.

By acting now, you can keep up with changing rules and avoid being caught off guard. The earlier you start, the easier it is to maintain compliance as the laws and guidelines update.

Take the First Step with 216digital

Prioritizing digital accessibility is about more than avoiding lawsuits—it’s about doing what’s right for all your customers and creating an online experience that everyone can enjoy. For businesses that serve customers in New York, the urgency is clear. The state leads the nation in ADA accessibility lawsuits, and companies that fail to act risk legal challenges, financial loss, and damage to their reputation.

The good news is that you don’t have to navigate these challenges alone. By scheduling an ADA briefing with 216digital, you can gain clarity on the legal requirements, identify gaps in your digital accessibility, and get expert advice on how to achieve compliance. Our team takes a human-centered approach, combining technical expertise with actionable strategies to protect your business and build a more inclusive online presence.

Don’t wait for a lawsuit to take action. Schedule your ADA briefing with 216digital today, and let us help you stay ahead of the curve while creating a better digital experience for all.

Greg McNeil

December 10, 2024

Legal Compliance

Accessibility, ADA Compliance, ADA Lawsuit, web accessibility lawsuits, Website Accessibility
Why 100% ADA Compliance Isn’t Realistic
If you own a website or create online content, it’s crucial to understand what ADA compliance truly entails. In today’s digital landscape, failing to address accessibility isn’t just a missed opportunity—it’s a potential liability. Despite promises from certain agencies claiming they can make your site “100% ADA-compliant,” the reality is more complex. Can any website truly meet full compliance in an ever-evolving digital world? Let’s take a closer look at what this means and why a one-size-fits-all solution may not be enough to protect you from legal risks or to provide a genuinely accessible experience.

What is ADA Compliance?

The Americans with Disabilities Act (ADA) was passed in 1990 to ensure that people with disabilities have equal rights and opportunities. While the ADA doesn’t specifically mention websites, it has been interpreted to apply to them, especially under Title II (which covers state and local governments) and Title III (which focuses on public accommodations like businesses).

For websites, ADA compliance often means following the Web Content Accessibility Guidelines (WCAG). These guidelines help make online content more accessible to everyone, including those with visual, auditory, or other disabilities. The WCAG principles can be summed up as follows:
- Perceivable: Information must be presented in a way that users can perceive, like providing text alternatives for images.
- Operable: Users must be able to navigate and interact with the content using various devices and assistive technologies.
- Understandable: Information and user interfaces should be clear and straightforward.
- Robust: Content must be compatible with current and future user agents, including assistive technologies.
Can a Website Be 100% ADA-Compliant?

Now, here’s the tricky part: claiming that a website can be 100% ADA compliant is not only misleading but also unrealistic, and there is no legal definition. Why is that? Because the web is constantly changing. New technologies, design trends, and content updates can all affect how accessible a website is. Lastly, the Department of Justice has never set in stone what it means for a website to be legally compliant.

Accessibility Standards vs. Ongoing Compliance

Understanding the difference between achieving accessibility standards and maintaining compliance is crucial. You might partner with an agency that helps you meet specific accessibility goals today. However, if you don’t continue to monitor and update your website, you could risk falling out of compliance as your site evolves.

For example, if you add new content or change your design, you need to ensure those changes also meet accessibility standards. This ongoing effort is what keeps your website welcoming and usable for all visitors.

False Claims by Agencies

Many agencies will promise they can make your website “fully ADA compliant.” They might use phrases like “one-time fix” or “permanent compliance.” While that sounds appealing, it’s often not realistic. Here’s why:
1. One-Time Solutions: If an agency offers a quick, one-time fix, be cautious. Accessibility isn’t a set-it-and-forget-it situation. Websites need continuous updates and adjustments.
2. Guaranteed Compliance: Some agencies might claim they can guarantee compliance. However, there is no set legal standard for web compliance. You might still face ADA lawsuits even after working with an agency.
3. Frivolous ADA Lawsuits: It’s unfortunate, but there are frivolous ADA lawsuits out there. Some businesses are sued over accessibility issues that seem exaggerated. This highlights the importance of taking genuine steps toward accessibility rather than relying on empty promises.
What to Look For in an Agency

So, how do you find the right agency for web accessibility services? Here are some tips to help you choose wisely:
1. Continuous Support: Look for agencies that offer ongoing support instead of just a one-time fix. This could include regular audits and updates based on user feedback.
2. Transparency: A reputable agency should be clear about what they can and cannot guarantee. They should help you set realistic expectations for what compliance looks like.
3. Education: The best agencies will not only assist you in making your website compliant but will also educate you on how to maintain accessibility in the long run. Knowledge is power!
4. Customized Solutions: Every website is unique. An effective agency should be willing to tailor their approach to meet your specific needs and goals.
Setting Realistic Expectations

As a website owner, setting realistic expectations about what ADA compliance means for your site is crucial. Accessibility is a journey, not a destination. While you can take significant steps to improve your site’s accessibility, it’s essential to recognize that this is an ongoing commitment.

Be wary of agencies that promise a quick fix or complete compliance. Instead, look for partners who understand the evolving nature of web content and can help you adapt over time.

Secure Lasting Accessibility with 216digital

The web is dynamic, and maintaining accessibility requires ongoing effort. Choosing an agency focused on continuous support and education equips you to create an inclusive online space for everyone

At 216digital, we prioritize not only bringing your website into compliance but also educating you on how to maintain and enhance accessibility long after your project is complete. We’re committed to supporting you on this journey every step of the way.

We encourage you to schedule an ADA briefing with us to learn how we can help you navigate the complexities of web accessibility. Together, we can ensure your website remains welcoming and usable for all visitors.

Embrace the journey, and let’s make the web a better place for everyone!
Greg McNeil

November 1, 2024

Legal Compliance

Accessibility, ADA Compliance, ADA Lawsuit, ADA Website Compliance

What Are ADA Settlements and Why Do They Matter?

The Real Costs of ADA Settlements

The Technical vs. Practical Accessibility Approach

Technical Approach

Practical Approach

How to Identify High-Risk Accessibility Issues

Real-World ADA Settlement Outcomes

1. Small Retailer Settles for $15K + Fixes

2. Nonprofit Faces Multiple Complaints

3. Enterprise Brand Chooses Full Compliance

How to Strengthen Accessibility and Reduce Legal Risk

Get Grounded in WCAG

Run an Audit—Then Act

Train the Right Teams

Monitor Continuously

Stay Adaptive

Final Thoughts: Don’t Wait for a Lawsuit

What Are Serial ADA Plaintiffs?

Why Do Businesses Risk ADA Non-Compliance?

Judge Cogan Pushes Back: A Turning Point?

Practical Steps to Avoid Being Targeted

1. Conduct a Professional Accessibility Audit

2. Fix the Most Common Accessibility Errors

3. Document Your Accessibility Efforts

4. Stay Informed on Legal Requirements

5. Implement Ongoing Monitoring

How 216digital Helps You Stay Accessible—and Lawsuit-Proof

Our Services Include

Final Thoughts

Relying on Color Alone

Poor Contrast Between Text and Background

Hover-Only Interactions

Hiding or Removing Focus Styles

Icon-Only Buttons Without Labels

Vague Link Text

Layouts That Fall Apart When Text Is Resized

Skipping Alt Text on Images

Hard-Coded Font Sizes

Overly Complex Navigation

Where Good Design Meets Real-World Impact

What Does “Moot” Mean in ADA Lawsuits?

How This Applies to ADA Lawsuits

What Factors Decide If a Case Is Moot?

When You Fix the Problem Matters

Proof That the Fix Is Permanent

Ongoing Accessibility Efforts Matter

Does Fixing Accessibility Issues Make the Lawsuit Go Away?

When Could the Case Be Dismissed?

Why Proving Mootness Can Be Hard

The Business Bears the Burden of Proof

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

Diaz v. Kroger

Haynes v. Hooters

What Businesses Should Do to Avoid Lawsuits

Stay Ahead of the Game with Accessibility Audits

Develop an Accessibility Plan

Document Everything

Team Up with 216digital to Stay ADA-Compliant

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

Why Automated Scans Are No Longer Enough