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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
  • 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 TypeDescription
    Keyboard TrapsCan’t tab out of a modal or menu
    Missing Button LabelsScreen readers announce “button” with no context
    Inaccessible FormsFields lack labels, or error messages aren’t announced
    Poor Color ContrastText is unreadable for people with low vision
    Broken Skip LinksUsers can’t bypass repetitive navigation
    Inconsistent Heading UseScreen readers can’t navigate efficiently
    Missing Alt TextImages 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
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