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  • 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

  • Is Your Website ADA-Compliant?

    Ever wonder if your website is truly welcoming to all visitors? It’s easy to think, “My site looks great. It works smoothly—why worry?” But here’s the catch: a good-looking, functional site isn’t always an accessible one. And if your website isn’t ADA compliant, you could be unintentionally shutting the door on a massive group of potential visitors and customers—people with disabilities.

    Let’s put it this way: imagine if a brick-and-mortar store had narrow, cluttered aisles or no ramps. Customers with mobility challenges would struggle to get in or move around. Now, think of your website as that store. If it isn’t built with accessibility in mind, visitors with disabilities may find it impossible to navigate, use, or even understand what you’re offering.

    So, is your website ADA-compliant? If you’re not sure or have never checked, this guide is for you. We’ll break down what ADA compliance means, why it matters, the standards to follow, and how you can ensure your site is welcoming to all. Ready to see if your online space meets the mark? Let’s dive in.

    Why ADA Compliance Matters

    Making sure your website is ADA-compliant isn’t just a box to check off—it’s a vital part of running a business that’s inclusive and future-proof. An accessible website means everyone, regardless of ability, can navigate, engage with, and enjoy your content. This approach not only helps build trust and loyalty but can also increase your audience and improve user satisfaction. And let’s not forget, it comes with important legal and business benefits.

    Legal Implications

    The Americans with Disabilities Act (ADA) requires that businesses—including their websites—be accessible to everyone. If your site isn’t ADA-compliant, you could be in for a rough ride. The number of ADA-related lawsuits has been rising fast. In 2023, for instance, over 4,500 web accessibility lawsuits were filed in the U.S., which was a 15% increase from the year before, according to UsableNet.

    Courts have been clear that digital spaces are covered by the ADA, even though it was created before the internet as we know it existed. And it’s not just big businesses being targeted—small and medium-sized businesses have also found themselves in legal hot water over inaccessible sites. Legal fees, settlements, and potential damage to your reputation can add up quickly, costing far more than making your website compliant in the first place. By focusing on accessibility, you’re not just protecting your business; you’re showing that inclusivity is a priority.

    Expanding Your Audience

    Making your site ADA-compliant isn’t just about sidestepping legal issues—it’s also about reaching more people.  The World Health Organization (WHO) reports that over 1 billion people globally live with some form of disability. In the U.S., the Centers for Disease Control and Prevention (CDC) says that 26% of adults have some kind of disability. This includes a wide range of challenges, from visual and hearing impairments to mobility and cognitive issues.

    Think about it: if your website is easier to use for people with disabilities, you’re opening your doors to a vast number of potential customers who might have otherwise struggled with your site. In fact, a study in the U.K. found that 71% of users with disabilities will leave a site that’s hard to use, and 82% of them are willing to spend more on a site that’s accessible. That’s a lot of potential revenue and customer loyalty that can be yours just by making your site more inclusive.

    Understanding Web Accessibility Standards

    To create an accessible website, it’s essential to understand key standards, particularly the Web Content Accessibility Guidelines (WCAG). These guidelines, developed by the World Wide Web Consortium (W3C), provide a roadmap for making web content more accessible to people with disabilities.

    Key Principles of WCAG

    The WCAG outlines four fundamental principles, often remembered by the acronym POUR:

    1. Perceivable: Information must be presented in ways that users can perceive. This means providing text alternatives for images, using captions for videos, and ensuring sufficient contrast between text and background colors.
    2. Operable: Users should be able to navigate the site using various methods. This includes keyboard navigation and the ability to pause or stop animations.
    3. Understandable: Content and navigation must be easy to understand. This includes using clear language, consistent navigation, and proper labeling of forms.
    4. Robust: Content should be compatible with various technologies, including assistive technologies like screen readers. This means writing clean, semantic HTML.

    By adhering to these principles, you’ll be well on your way to creating a more accessible website.

    Common Barriers to Web Accessibility

    Even with the best intentions, many websites still have barriers that prevent people with disabilities from accessing their content. Here are a few common issues:

    Images Without Alt Text

    Images can be a significant barrier if they don’t have descriptive alt text. Alt text is essential for users who rely on screen readers, as it provides context about the image.

    Poor Color Contrast

    If the contrast between your text and background is too low, it can be challenging for individuals with visual impairments to read your content. Aim for a contrast ratio of at least 4.5:1 for normal text.

    Inaccessible Forms

    Forms are often problematic. If they lack labels or instructions, users with disabilities may find it challenging to fill them out. Always ensure that forms are correctly labeled and provide clear instructions.

    Lack of Keyboard Navigation

    Many users with disabilities rely on keyboard navigation rather than a mouse. If your website doesn’t support this, it can create significant barriers.

    Testing Your Website for Accessibility

    Now that you understand the importance of ADA compliance and common barriers, how do you ensure your website is accessible? Here are some methods for testing your site:

    Manual Checks

    Begin with manual checks of your website. Go through your site using only the keyboard. Can you navigate easily? Test your forms to see if they’re usable without a mouse. This basic level of testing can reveal a lot about your site’s accessibility.

    Automated Tools

    Automated accessibility testing tools can help identify many common issues quickly. Here are a few popular options:

    • WAVE: This browser extension evaluates accessibility and highlights issues on your page.
    • Lighthouse: Built into Chrome’s developer tools, Lighthouse provides audits of various web aspects, including accessibility.

    While these tools are helpful, they don’t catch everything. They should be used in conjunction with manual checks to ensure a truly ADA-compliant website.

    User Testing with Assistive Technologies

    The best way to understand how ADA-compliant your site truly is is to test it with real users who have disabilities.

    • Screen Readers: Ask users to navigate your site using popular screen readers like JAWS or NVDA.
    • Keyboard Navigation: Observe how users interact with your site using only a keyboard.

    Getting feedback from users with disabilities will give you insights that automated tools might miss.

    Practical Steps to Improve Accessibility

    Once you’ve identified accessibility issues on your site, what should you do next? Here are some practical steps you can take:

    • Start with an Accessibility Audit: Before making any changes, conduct a comprehensive audit of your website. Use both automated tools and manual checks to identify barriers.
    • Prioritize Quick Wins: Addressing some accessibility issues can take time, but there are many “quick wins” you can tackle right away.
    • Implement Staff Training and Awareness: Accessibility is not just a one-person job. Ensure your content creators, developers, and designers are trained on best practices for maintaining and improving web accessibility.
    • Monitor Accessibility Consistently: Regular audits are essential, but ongoing monitoring ensures that new updates don’t introduce issues. Services like 216digital’s a11y.Radar can help by continuously checking for compliance and alerting you to new challenges.

    Conclusion

    Making sure your website is ADA-compliant is more than just checking a legal box—it’s about creating a space where everyone feels welcome. Prioritizing accessibility can open your business to a wider audience, boost user satisfaction, and even shield you from potential legal issues. But let’s be honest: navigating the ins and outs of accessibility can feel overwhelming.

    That’s where we come in. At 216digital, we’re here to make it simple. Schedule an ADA briefing with us to find out if your website is at risk and how we can help make it more inclusive. Don’t wait until there’s a problem; get ahead of it and show your commitment to accessibility today. Your future customers (and your peace of mind) will thank you!

    Greg McNeil

    October 30, 2024
    Legal Compliance
    Accessibility testing, ADA Compliance, ADA Lawsuit, WCAG, Web Accessibility

  • ADA Lawsuits: How They’re Shaping the Internet

    The Internet is an essential part of daily life. We shop, work, learn, and even socialize online. But for millions of people with disabilities, the digital world can feel like a locked door. That’s where the Americans with Disabilities Act (ADA) steps in. Originally designed to ensure access to physical spaces, the ADA is now playing a significant role in making sure the digital world is accessible to everyone.

    Let’s dive into how ADA lawsuits are shaping the future of the Internet and why this movement towards web accessibility matters for all of us.

    Why Web Accessibility Matters

    Imagine trying to buy groceries online, book a doctor’s appointment, or read the news—but being unable to do so because the website isn’t accessible. This is the reality for many people with disabilities. Web accessibility aims to remove these barriers, making sure websites are usable by all, whether someone is blind, deaf, has limited mobility, or faces cognitive challenges.

    It’s not just about compliance; it’s about creating a better experience for everyone. When websites are more accessible, they’re also more user-friendly. For example, features like closed captions help users with hearing impairments, but they’re also useful for anyone in a noisy environment.

    How the ADA Applies to the Digital World

    The ADA, passed in 1990, is a law meant to prevent discrimination against people with disabilities. While it initially focused on physical locations, it’s evolved to include digital spaces like websites, mobile apps, and online services.

    Title III of the ADA requires “places of public accommodation” to be accessible. While that originally meant places like stores and restaurants, the DOJ published guidance in 2022 confirming its position that the ADA does apply to websites, stating:

    “…the Department has consistently taken the position that the ADA’s requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web.”

    – U.S. Department of Justice | Guidance on Web Accessibility and the ADA (2022)

    This shift is significant because it brings the same standards of accessibility that apply to physical spaces into the digital realm. If a website isn’t accessible, it could violate the ADA—leading to legal action.

    Key Lawsuits Driving Change

    Several high-profile lawsuits have set important legal precedents for web accessibility, encouraging businesses to prioritize digital inclusivity. Here are some of the most significant cases that have reshaped the digital landscape:

    Robles v. Domino’s Pizza (2019)

    In 2016, Guillermo Robles, a blind man, sued Domino’s Pizza because he couldn’t use their website or mobile app to order food. Robles relied on screen-reading software, but Domino’s website and app were not compatible with it, making the services inaccessible.

    The case went through multiple courts, with Domino’s arguing that the ADA did not clearly apply to websites. However, the Ninth Circuit Court of Appeals disagreed, stating that the ADA does cover websites and apps if they are closely tied to a physical location that serves the public. The U.S.

    Supreme Court declined to review the case, effectively affirming the lower court’s ruling. This landmark case established a strong precedent that digital services must be accessible, especially if they’re an extension of a physical business.

    Winn-Dixie Stores Inc. v. Gil (2017)

    In 2016, Juan Carlos Gil, a blind man who uses screen-reading software, attempted to access the website of the grocery chain Winn-Dixie but found it was incompatible with his software. Unlike Robles v. Domino’s, Winn-Dixie had no functional website components for users to complete transactions online; however, the website did allow users to refill prescriptions, access coupons, and find store locations—services that were considered extensions of its physical stores.

    The federal court sided with Gil, ruling that the website’s connection to the physical stores meant it had to comply with ADA requirements. Although the Eleventh Circuit later reversed this decision, arguing that websites themselves are not necessarily “places of public accommodation,” this case still sparked important conversations about digital accessibility. It highlighted that when a website is integral to a business’s services, it must meet accessibility standards.

    Bashin v. ReserveCalifornia.com (2023)

    Bryan Bashin, a blind user, filed a lawsuit against ReserveCalifornia.com, a state-run site responsible for booking campsites in California’s state parks. Bashin faced numerous challenges while using the website, including unlabelled buttons and forms that his screen reader couldn’t interpret. What made this case unique was that Bashin targeted not just the website itself, but also the state contractor responsible for the website’s development and maintenance.

    This lawsuit emphasized the importance of holding government contractors accountable for digital accessibility, setting a new precedent. The court ruled in favor of Bashin, making it clear that not only are government-run websites subject to ADA compliance, but so are third-party developers who manage public websites. This ruling added new pressure on contractors and developers to implement accessibility features from the start, ensuring that websites are built with inclusivity in mind.

    Evolving Legal Requirements for Web Accessibility

    As the number of ADA lawsuits grows, so do the legal requirements for web accessibility. While there’s no one-size-fits-all standard, the Web Content Accessibility Guidelines (WCAG) have become the go-to benchmark. These guidelines are designed to make websites more usable for people with disabilities and cover areas like:

    • Text Alternatives: Providing descriptive text for images, videos, and other non-text content.
    • Keyboard Accessibility: Ensuring users can navigate sites using only a keyboard.
    • Readable Fonts and Color Contrast: Make sure fonts are easy to read, and colors are distinguishable for people with vision impairments.
    • Video Captions and Transcripts: Offering captions for videos and transcripts for audio content.

    By aligning your website with these guidelines, you reduce the risk of legal challenges and create a better user experience for everyone.

    How Businesses Are Adapting

    As the legal landscape shifts, many businesses are taking proactive steps to ensure their websites comply with accessibility standards. Here are a few strategies they are employing:

    Investing in Training and Resources

    Many companies are now training their web development teams on accessibility standards. By understanding the principles of web accessibility, teams can create more inclusive websites from the ground up.

    Conducting Accessibility Audits

    Regular audits of websites can identify areas needing improvement. Companies are increasingly employing tools and experts to evaluate their sites against WCAG standards. This helps pinpoint issues like missing alt text or improper heading structures.

    Integrating Accessibility Features from the Start

    More businesses are making accessibility a priority during the design phase. This includes adding features such as keyboard navigation and ensuring that content is structured in an accessible way. By embedding these practices from the beginning, companies can avoid costly retrofits down the line.

    Engaging with the Community

    Some businesses are partnering with organizations that advocate for individuals with disabilities. By seeking feedback from actual users, they can better understand accessibility challenges and improve their websites accordingly. This not only leads to a better product but also fosters goodwill and loyalty among customers.

    Long-Term Implications for the Future of the Internet

    The growing emphasis on web accessibility has several long-term implications for the future of the Internet:

    Increased Awareness of Inclusivity

    As more companies recognize the importance of web accessibility, we will likely see a cultural shift in how businesses approach design and user experience. Prioritizing inclusivity can attract a broader audience and create loyal customers.

    Legal Precedents Will Shape Standards

    As more ADA lawsuits are filed, legal precedents will increasingly dictate what is considered acceptable in terms of web accessibility. Businesses will need to stay informed about these developments to avoid potential legal pitfalls.

    Technological Advancements

    The demand for accessible web design will likely spur innovation in technology and tools. We can expect new solutions that simplify the process of making websites accessible, from AI-driven accessibility checkers to improved assistive technologies.

    A Culture of Accessibility

    As web accessibility becomes a norm, future designers and developers will likely prioritize inclusivity from the outset. This could lead to a more inclusive internet overall, where all users can engage equally.

    Conclusion

    Web accessibility is reshaping the digital landscape, and it’s clear that the ADA’s influence is paving the way for a more inclusive internet. While compliance with these evolving standards may seem daunting, it’s ultimately about creating a digital environment where everyone can navigate and engage with ease. By enhancing accessibility, you’re not just adhering to legal requirements—you’re fostering a more user-friendly experience for all.

    Instead of seeing accessibility as a burden, consider it an opportunity to make your website more welcoming and effective. It’s a chance to lead by example and demonstrate your commitment to inclusivity. If you’re curious about where your website stands, scheduling an ADA briefing with 216digital can be a great first step. Let’s shift the focus from obligation to opportunity, one accessible website at a time.

    Greg McNeil

    October 22, 2024
    Legal Compliance, The Benefits of Web Accessibility
    ADA, ADA Compliance, ADA Lawsuit, Web Accessibility

  • Web Accessibility Overlays: A False Sense of Security

    As a website owner, you likely recognize the growing need to make your site accessible to everyone, including individuals with disabilities. With increased emphasis on ADA compliance, you may have encountered web accessibility overlays—automated tools that offer quick-fix solutions.

    While they might seem like a convenient solution, these overlays can create significant pitfalls that could leave you vulnerable to legal risks and fail to provide true accessibility.

    In this article, we’ll explore why relying on overlays could lead to a false sense of security and why a more comprehensive approach to addressing web accessibility is critical.

    What Are Web Accessibility Overlays?

    Overlays are software solutions that scan websites for barriers and apply superficial fixes with minimal user involvement. Their promise is simple: They claim to help your site meet Web Content Accessibility Guidelines (WCAG) and ADA standards, making your content more accessible.

    At first glance, overlays seem appealing, with features like adjustable text sizes and color contrast options. However, they fail to deliver a truly inclusive online experience. While some surface level issues can be address, deeper accessibility barriers are frequently ignored or mishandled.

    The Illusion of ADA Compliance

    The biggest misconceptions surrounding web accessibility overlays is that they will guarantee ADA compliance. The harsh reality is that ADA compliance is multifaceted and cannot be achieved through automated fixes alone.

    True web accessibility goes far beyond superficial adjustments. It requires a detailed understanding of the diverse barriers people with disabilities face when interacting with digital content. Overlays, which only focus on cosmetic changes, leave significant gaps in compliance, neglecting critical components of accessibility. Unfortunately, this gives many website owners the false impression that their sites are fully compliant when, in fact, they still fall short in several critical areas.

    Automated Fixes Miss Critical Issues

    While overlays can identify some common accessibility problems, they rely too heavily on automation, often leading to overlooking essential elements.  

    Here are some areas where they typically fall short:

    • Semantic HTML: Using HTML elements correctly ensures that people using screen readers and other assistive technologies can understand your website’s content. Overlays cannot address issues like improper heading structures or missing ARIA labels.
    • Alt Text for Images: Descriptive alt text provides essential context for visually impaired users. Automated tools can only see that they are missing. They cannot interpret the meaning or purpose of the image to generate meaningful descriptions.
    • Keyboard Navigation: Many users are unable to use a mouse, requiring them to navigate a website through the use of a keyboard. To make a website accessible through keyboard navigations corrections must be made on a code level. As discussed above, overlays can only make superficial changes, and cannot make changes directly to the code.

    By relying on these automated solutions, you may inadvertently overlook crucial aspects of web accessibility, leaving your site vulnerable to an ADA lawsuit.

    The False Sense of Security

    The use of web accessibility overlays can foster complacency, leading to a false sense of security. The mere presence of an overlay might make you believe your site is fully accessible, yet significant barriers may still be lurking beneath the surface.

    This illusion is particularly dangerous. If your overlay doesn’t meet full accessibility standards, your website remains non-compliant with the ADA and other state regulations. As a result, businesses that thought they were protecting themselves with an overlay can find themselves in court, dealing with expensive settlements and lasting damage to their reputation.

    In fact, 20% of all accessibility-related lawsuits this year targeted websites using these so-called “accessibility solutions,” and that number continues to grow. Relying solely on overlays not only fails to address critical accessibility issues but also opens the door to legal risks.

    True web accessibility is not a one-time fix; it requires ongoing attention, regular audits, and user feedback. Overlays might provide a band-aid solution, but they can prevent you from developing a genuine commitment to accessibility, which is vital for both compliance and user experience.

    A Human-Centered Approach to Web Accessibility

    To meet the needs of all users and ensure ADA compliance, businesses must adopt a comprehensive, human-centered approach to web accessibility. Here are a few critical steps to achieving this:

    • Understand Web Accessibility Guidelines: WCAG is a set of standards designed to make web content more accessible. Familiarize yourself with these guidelines to understand what needs to be done. They cover aspects like text readability, alternative text for images, and keyboard navigation.
    • 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.
    • Engage with Users: Real feedback from individuals with disabilities is invaluable. Understanding their experiences navigating your site will provide critical insights for meaningful improvements.
    • Train Your Team: Train your staff, especially those involved in website management and content creation, about web accessibility principles and best practices. This knowledge is essential to maintaining an accessible online experience over time.
    • Ongoing Monitoring: Compliance is not a one-time task. This proactive approach helps prevent potential violations before they lead to costly lawsuits.

    By prioritizing a human-centered approach, you can create an online environment that truly serves all users rather than settling for a quick-fix solution that only gives the illusion of compliance.

    216digital’s Approach to Web Accessibility

    At 216digital, we understand that genuine web accessibility requires more than just automated tools. Our comprehensive, human-centered approach goes beyond quick fixes to provide long-lasting solutions that focus on risk mitigation and compliance with WCAG 2.1/2.2 AA standards. 

    Through  a11y.Radar, we offer ongoing monitoring, ensuring your website remains compliant and accessible to all users. By emphasizing thorough auditing and remediation services, we help businesses not only meet legal requirements but also tap into the underserved market of individuals with disabilities.

    Our approach is built around long-term accessibility, protecting your business from potential lawsuits and positioning you to serve a broader, more inclusive audience better.

    Conclusion

    Web accessibility overlays may seem like an easy answer, but they often fall short of delivering the accessibility experience your users need and the compliance your business requires. Relying solely on these tools could leave your website open to legal risks and frustrate users with disabilities who still encounter barriers on your site.

    At 216digital, we’re here to help you navigate the complexities of ADA compliance with a human-centered approach. Schedule an ADA briefing with our team today to ensure your website is fully accessible, compliant, and welcoming to every visitor. Don’t settle for quick fixes—invest in meaningful accessibility that makes a real difference.

    Greg McNeil

    October 8, 2024
    Legal Compliance, WCAG Compliance
    ADA Compliance, ADA Lawsuit, Overlay widgets, Overlays, Web Accessibility

  • Avoid ADA Lawsuits: Lessons from Big Companies

    Over the past few years, many well-known companies have faced lawsuits under Title III of the Americans with Disabilities Act (ADA) for failing to make their websites accessible. From retail giants like Nike and Target to entertainment brands like Beyoncé’s Parkwood Entertainment, these companies have all encountered legal challenges due to non-compliant websites.

    These cases provide an important lesson for website owners and content creators: web accessibility is not just a risk for big corporations but especially those running small businesses. Small companies are quickly becoming targets for Title III lawsuits as well. But by proactively making your website accessible, you can avoid legal trouble and enjoy several long-term benefits.

    Let’s examine some of the big companies that have been sued over website accessibility and how small businesses can protect themselves.

    1. Winn-Dixie: The ADA Case that Set the Standard

    Winn-Dixie was one of the first major brands to face a Title III lawsuit over website accessibility. In 2017, a blind customer sued the grocery chain because its website wasn’t compatible with screen reader software. The court ruled in favor of the plaintiff, marking a major precedent for future cases. This case highlighted how even websites that aren’t strictly e-commerce-based can be required to meet ADA standards.

    2. Domino’s Pizza: The Fight Over Online Ordering

    Domino’s Pizza was sued because a blind customer couldn’t use their website and app to order food. The case gained national attention when it reached the U.S. Supreme Court in 2019. Domino’s argued that the ADA didn’t apply to websites, but the Supreme Court declined to hear the case, leaving the lower court ruling in favor of the plaintiff. The lesson? ADA Title III applies to digital spaces just as much as physical locations.

    3. Nike: Accessibility in the Retail Space

    Nike was sued for having an inaccessible website that prevented visually impaired users from making purchases. The company quickly settled the case and implemented changes, demonstrating that the cost of fighting a lawsuit can be much higher than simply fixing accessibility issues upfront.

    4. Blue Apron: The Subscription Service Challenge

    Blue Apron, a meal-kit delivery service, faced a lawsuit when a blind customer was unable to sign up because the website didn’t work with screen readers. Blue Apron’s case showed that even digital-first businesses are vulnerable to accessibility claims.

    5. KitchenAid: The Importance of Universal Access

    KitchenAid, known for its appliances, was sued after a visually impaired user couldn’t navigate their website to access product information. This case underscores that accessibility isn’t just about e-commerce; it also includes providing equal access to all the content and information on your website.

    6. Fox News Network: ADA in Online Media

    Even media companies aren’t immune. Fox News faced a lawsuit for not making its website accessible to people with visual impairments. News outlets, entertainment brands, and other content-heavy websites should ensure that their pages are fully compliant with ADA guidelines.

    7. Beyoncé’s Parkwood Entertainment: Entertainment and Inclusivity

    In 2019, a visually impaired woman sued Beyoncé’s Parkwood Entertainment, claiming that her website wasn’t accessible with screen readers. This case shows that artists, musicians, and entertainment companies are also responsible for making sure their digital content is inclusive for all.

    8. H&R Block: Financial Services

    Tax preparation giant H&R Block was sued over their inaccessible website. The company settled by agreeing to make its site accessible and compliant with the Web Content Accessibility Guidelines (WCAG). This case demonstrates that financial services are held to the same standards as retail or entertainment when it comes to web accessibility.

    9. Burger King: Fast Food, Fast Accessibility Fixes

    Burger King was sued when a visually impaired customer couldn’t use its website to place an order. Like many companies, Burger King settled the case by agreeing to fix its accessibility issues rather than dragging out a lengthy court battle.

    10. Target: A Retailer Making ADA a Priority

    Target was sued in 2006 and eventually settled, becoming one of the first major retailers to make their website fully accessible. Their case set an early example that many other companies have followed.

    How Small Businesses Are Becoming Targets for ADA Lawsuits

    While these cases involved large companies, small businesses are increasingly being targeted by ADA Title III lawsuits. This shift is largely due to the rise in website accessibility lawsuits in general, which have grown significantly in recent years. Small businesses are often seen as easier targets because they may lack the resources to fight a lawsuit or may be unaware of their legal obligations under the ADA.

    The reality is that no business is too small to be sued over website accessibility. This means that whether you’re running a local boutique or a nationwide e-commerce store, you need to be proactive about making your site accessible.

    The Benefits of Web Accessibility

    Beyond avoiding lawsuits, making your website accessible offers several benefits:

    • Broaden Your Audience: An accessible website can be used by people with disabilities, which represents a significant portion of the population. By making your site accessible, you’re opening your business to more customers.
    • Improved SEO: Many accessibility improvements, like proper alt text for images, can also boost your search engine ranking.
    • Enhanced User Experience: Accessibility improvements often go hand-in-hand with usability improvements, making your site easier to navigate for all users.
    • Positive Brand Reputation: By demonstrating that your business values inclusivity, you can enhance your brand’s reputation and build customer loyalty.

    How to Calculate Your Return on Investment (ROI)

    When thinking about the cost of making your website accessible, it’s important to consider the return on investment (ROI). While the upfront cost of an accessibility audit or remediation might seem high, the long-term benefits far outweigh the cost of a lawsuit.

    To calculate your ROI for ADA Compliance, consider:

    1. Initial Accessibility Audit: This will tell you where your site currently stands and what changes need to be made. The cost will vary depending on the size and complexity of your website.
    2. Implementation Costs: These are the costs associated with fixing the accessibility issues identified in the audit. Again, this can vary but should be viewed as an investment in future-proofing your business.
    3. Avoided Lawsuits: The cost of fighting a Title III lawsuit can be substantial, both financially and reputationally. By being proactive, you can avoid these costs altogether.
    4. Expanded Customer Base: More accessible websites mean more potential customers. The boost in revenue can quickly outweigh the costs of compliance.

    How Being Proactive with Web Accessibility Offers an Incredible ROI

    The companies mentioned earlier learned the hard way that it’s always better to be proactive rather than reactive when it comes to website accessibility. Fixing accessibility issues after a lawsuit is filed is much more expensive than addressing them upfront. Not to mention, proactively making your website accessible can help you avoid the reputational damage that often accompanies ADA lawsuits.

    Protect Your Online Business

    Don’t wait for a lawsuit to take action on web accessibility. Get ahead of potential risks by ensuring your site is compliant now. At 216digital, we’re here to help you navigate the complexities of ADA compliance and safeguard your business. Schedule a personalized ADA briefing with us today to understand how you can protect your online presence, avoid costly lawsuits, and expand your customer base through an accessible website. Let’s future-proof your business together—schedule your ADA briefing now!

    Greg McNeil

    September 27, 2024
    Legal Compliance
    ADA, ADA Compliance, ADA Lawsuit, ADA Title II, web accessibility lawsuits

  • Common Web Accessibility Pitfalls That Invite ADA Lawsuits

    The Americans with Disabilities Act (ADA) requires businesses to make their websites accessible to everyone, including people with disabilities. When websites fail to meet accessibility standards, they risk facing lawsuits. In recent years, ADA lawsuits related to digital accessibility have surged, with businesses large and small getting sued for non-compliance. But what exactly are the most common issues that lead to these lawsuits?

    This article will highlight the most common web accessibility barriers that lead to ADA lawsuits and provide real-world examples of lawsuits related to these issues. 

    1. Missing Alt Text

    Alt text, or alternative text, provides a written description of an image on a webpage. Screen readers, which visually impaired users use to navigate the internet, read this description aloud.Without alt text, users with visual impairments have no way of knowing what an image represents.

    For example, if a website has an image of a product for sale, the alt text might say, “Red shoe, size 8.” Without this text, screen reader users won’t know what the image shows, making it difficult to interact with the website.

    Missing or incorrect alt text is one of the most common reasons for ADA lawsuits. Many businesses overlook this small but important step, leaving essential images without descriptions.

    WCAG 2.1 Guideline: 1.1.1 – Non-text Content

    All non-text content, such as images, must have a text alternative that serves the same purpose.

    Example ADA Lawsuit: Fox News Network LLC

    Fox News Network LLC was sued because its website didn’t provide proper alt text for many images. Luc Burbon, a visually impaired user, relied on screen readers to browse the internet. When trying to navigate Fox News’ website, he encountered images without alt text, leaving him unable to understand key content. The court agreed with Burbon, emphasizing that websites must be accessible to everyone, including people with disabilities.

    2. Non-Descriptive Interactive Elements

    Interactive elements, like buttons and links, are crucial for navigating a website. However, if these elements aren’t appropriately labeled, users who rely on screen readers won’t know what a button or link does. This leads to confusion, frustration, and can make essential parts of the website inaccessible to users with disabilities.

    For example, a button labeled “Click Here” without explaining what it does will leave screen reader users guessing, especially if there’s more than one on a page. Adding contextually relevant content to the visual or accessible label, such as “Click here to learn more about our coffee” will differentiate the element while also giving users additional context.

    WCAG 2.1 Guideline: 4.1.2 – Name, Role, Value

    Interactive elements should have clear labels that explain their purpose.

    Example ADA Lawsuit: NIKE, Inc.

    Maria Mendizabal filed a class-action lawsuit against Nike, claiming that the website had many links that were either redundant or completely empty. Users with visual impairments couldn’t understand the purpose of these links, making it challenging to navigate the site. This lawsuit demonstrates the importance of appropriately labeling interactive elements so everyone can understand them.

    3. Lack of Keyboard Navigation

    Many users with disabilities rely on keyboards to navigate websites, especially those who can’t use a mouse. If a website doesn’t allow for keyboard-only navigation, or if drop-down menus can’t be accessed with a keyboard, it becomes unusable for people with mobility impairments.

    For example, if a menu only opens when hovered over with a mouse, someone using only a keyboard won’t be able to open it, blocking their access to critical sections of the site.

    WCAG 2.1 Guideline: 2.1.1 – Keyboard

    All functionality should be accessible using a keyboard.

    Example ADA Lawsuit: Parkwood Entertainment LLC

    In 2019, a lawsuit accused Parkwood Entertainment because Beyoncé’s official website, Beyonce.com, did not provide accessibility for users relying on screen readers.. Mary Conner, the visually impaired plaintiff, couldn’t navigate the drop-down menus using her keyboard. This prevented her from accessing important content and services, leading to a lawsuit.

    4. Inaccessible Forms

    Forms are commonly used on websites—for everything from signing up for newsletters to making purchases. However, forms that are difficult for people with disabilities to fill out can create barriers. Missing labels on form fields, unclear error messages, or forms that don’t work with keyboard navigation are common accessibility issues that lead to lawsuits.

    For instance, if a form field asks for a phone number but doesn’t have a proper label, a screen reader user won’t know what to enter. Or, if an error message isn’t clear about what went wrong, visually impaired users won’t be able to correct their mistakes.

    WCAG 2.1 Guideline: 3.3.2 – Labels or Instructions

    Ensure input fields have proper labels and instructions so users know what information is required.

    Example ADA Lawsuit: H&R Block Lawsuit

    A notable example of this issue is the lawsuit involving the National Federation of the Blind and H&R Block. In this case, visually impaired users discovered that H&R Block’s website did not correctly label the forms. When these users tried to input their contact information or create an account, they struggled because the screen readers failed to indicate what information they needed or where to enter it.

    5.  Inaccessible Pop-Ups and Modals

    Pop-ups and modals (dialog boxes that appear on top of a page) are common features on websites for everything from newsletter sign-ups to product promotions. However, if they are not designed with accessibility in mind, they can disrupt the user’s experience.

    Pop-ups cause confusion if they appear without warning or if users can’t close them using a keyboard. Users relying on screen readers or assistive devices may not even know that a pop-up has appeared, making it impossible for them to continue interacting with the page.

    WCAG 2.1 Guideline: 1.3.1 – Info and Relationships

    When new content, like a pop-up, appears on the screen, announce it to the user and explain how it connects to the rest of the website.

    Example ADA Lawsuit: Five Guys Enterprises

    In a lawsuit against Five Guys, a visually impaired customer couldn’t complete an online order because an inaccessible pop-up appeared when trying to add fries to her cart. Her screen reader didn’t recognize the pop-up, making it impossible for her to finish the purchase. This case highlights the importance of making pop-ups accessible to everyone.

    How to Avoid ADA Lawsuits

    Avoiding ADA lawsuits starts with a proactive approach to web accessibility. Making your website accessible is not only a legal obligation but also an opportunity to provide a better user experience for all visitors, regardless of ability. Here are key steps you can take to avoid common accessibility pitfalls:

    1. Understand Web Accessibility Guidelines: The Web Content Accessibility Guidelines (WCAG) are a set of standards designed to make web content more accessible. Familiarize yourself with these guidelines to understand what needs to be done. 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 iCompliance is not a one-time task. 216digital’s a11y.Radar service provides ongoing monitoring. It detects any new accessibility issues that may arise over time. This proactive approach helps prevent potential violations before they lead to costly lawsuits.”

    Conclusion

    Making sure your website is ADA-compliant is not just about avoiding lawsuits—it’s about ensuring that everyone, no matter their abilities, can access and enjoy your content. With the rise in ADA lawsuits, it’s more important than ever to take a proactive approach to web accessibility. Whether it’s fixing missing alt text or ensuring keyboard navigation, addressing these common issues can save your business time and money in the long run.

    If you’re unsure where to start or need help maintaining compliance, 216digital is here to help. Through our years of experience analyzing these cases, we understand how ADA non-compliance lawsuit firms identify their targets. We can help you protect your business from these risks. At 216digital, we will develop a strategy to integrate WCAG 2.1 compliance into your development roadmap. This will allow you to focus on other tasks on your to-do list.

    So don’t wait any longer; find out where you stand by scheduling a complementary ADA strategy briefing today.

    Greg McNeil

    September 25, 2024
    Legal Compliance, WCAG Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA Website Compliance, digital accessibility, WCAG, WCAG Compliance, Web Accessibility
  • 2024 Mid-Year Report ADA Lawsuits Trends

    2024 Mid-Year Report ADA Lawsuits Trends

    As we reach the midpoint of 2024, it’s crucial for business owners, project managers, and web development teams to stay informed about trends and challenges related to ADA lawsuits, especially concerning web accessibility. In recent years, the landscape of digital accessibility has evolved significantly, impacting businesses of all sizes across various industries. This article aims to provide a comprehensive mid-year report on ADA lawsuits, upcoming trends, and proactive measures to protect your online business.

    Trends in 2024 for ADA Lawsuits

    As we move through 2024, the landscape of Americans with Disabilities Act (ADA) lawsuits is undergoing significant changes. Several emerging trends reflect shifts in legal practices, targets of litigation, and evolving standards in web accessibility. Here’s a comprehensive look at what you can expect in the upcoming months.

    Decrease in Overall ADA Lawsuit Numbers

    For the first time in years, there has been a slight decrease in the number of ADA lawsuits filed. In fact, we are anticipating to have 600 less federal court case than in 2023. This reduction is primarily due to increased judicial scrutiny. Judges now require plaintiffs and their legal teams to present more detailed and specific claims. Vague or generic allegations no longer suffice to move forward in court. This heightened scrutiny is filtering out cases deemed frivolous or opportunistic, leading to a decrease in the overall number of filings.

    Impact of Recent Defense Victories

    Recent defense victories in federal ADA claims have also contributed to this decline. These victories have set precedents that make it more challenging for plaintiffs to succeed with less substantiated claims. As a result, some law firms are shifting their focus to state courts, where they might perceive a higher chance of success. This shift is impacting the overall landscape of ADA lawsuits, with fewer cases reaching the federal level.

    Small Companies Are in the Crosshairs

    Interestingly, there has been a significant shift in the targets of ADA lawsuits. Over 66% of the lawsuits filed through June 2024 have been against companies with revenues under $25 million. In contrast, 34% have been against larger companies. This shift is a natural progression after years of lawsuits targeting major corporations. Many of the largest companies have already faced lawsuits and implemented comprehensive accessibility programs, leaving smaller businesses as the new focus for plaintiffs.

    The Rise of eCommerce and ADA Violations

    The rise in eCommerce, driven by changing consumer spending habits, has exposed more small and medium-sized businesses to potential ADA violations. As these businesses expand their online presence, they become more susceptible to lawsuits if their websites are not fully accessible. Smaller businesses may lack the resources or knowledge to ensure full compliance with ADA requirements, making them vulnerable targets for litigation.

    Overlays Could Make You a Target Now More Than Ever

    Despite significant investments in accessibility widgets, these tools often fail to reduce legal risks effectively. In fact, in 2024, plaintiffs have already filed 503 lawsuits against websites with active widgets, compared to 449 in 2023. This is a 20% increase in lawsuits against websites using widgets and screen overlays. These tools are marketed as quick fixes for accessibility issues but frequently fall short of their promises.

    Common Problems with Widgets

    It has been proven that accessibility widgets can create additional barriers for users with disabilities. Common problems include incompatibility with screen readers, failure to address all accessibility concerns, and even introducing new issues. These limitations highlight that relying solely on widgets is not an adequate solution for legal protection or genuine accessibility improvements. Businesses must seek comprehensive solutions to ensure their websites are fully accessible.

    Evolving Legal Standards

    The legal landscape surrounding web accessibility is continuously evolving. On April 8, the U.S. Attorney General signed a new rule under ADA Title II, setting clear web accessibility standards for state and local governments. This means their services, programs, and activities must now be accessible to people with disabilities. Depending on the size of their websites, these entities have two to three years to implement these accessibility standards.

    Potential Changes to ADA Title III

    While the current update focuses on public sector entities under ADA Title II, it could serve as a model for changes to Title III, which covers public accommodations and commercial facilities. This potential shift might lead to stricter and more uniform accessibility standards in the private sector, affecting businesses and nonprofits that interact with the public.

    Increased DOJ Enforcement

    The Department of Justice (DOJ) is expected to increase enforcement efforts, ensuring that businesses comply with these evolving standards. This means that businesses must stay informed about these changes and proactively work towards compliance to avoid potential lawsuits and penalties. Staying ahead of these legal standards will be crucial for businesses to minimize legal risks and enhance accessibility for all users.

    The Importance of Staying Informed

    Staying informed about the latest trends and legal changes in ADA compliance is crucial for businesses of all sizes. This not only helps in avoiding potential lawsuits but also ensures that businesses are accessible to all customers, enhancing their reputation and customer satisfaction. Companies should consider consulting with legal experts and accessibility professionals to stay ahead of the curve and implement best practices in web accessibility.

    How to Protect Your Online Business

    Navigating the complexities of ADA compliance can seem daunting, especially for those with limited knowledge of web accessibility standards. However, there are practical steps you can take to mitigate the risk of lawsuits and foster a more inclusive digital environment:

    1. Conduct an Accessibility Audit

    Start by conducting a comprehensive accessibility audit of your website. This involves assessing your site’s adherence to WCAG standards and identifying areas that may pose accessibility barriers. Consider engaging accessibility experts or using automated tools to assist in this process.

    2. Implement Accessibility Improvements

    Based on the findings of your audit, prioritize and implement necessary accessibility improvements. This may include optimizing navigation for keyboard users, providing alternative text for images, ensuring color contrast ratios comply with standards, and making multimedia content accessible.

    3. Train Your Team

    Educate your web development team, content creators, and digital marketers about web accessibility best practices. Training sessions can help increase awareness of accessibility guidelines and empower your team to proactively address accessibility issues in their respective roles.

    4. Monitor and Maintain Accessibility

    Accessibility is an ongoing commitment. Regularly monitor your website for accessibility compliance and address any new issues that arise. Incorporate accessibility checks into your regular maintenance routines to ensure ongoing compliance.

    5. Seek Legal Guidance if Needed

    If you receive a demand letter or face a lawsuit related to ADA non-compliance, seek legal guidance promptly. ADA litigation can be complex, and legal professionals specializing in accessibility law can provide valuable counsel and representation.

    Conclusion

    As we move forward in 2024, the landscape of web accessibility and ADA compliance continues to evolve. By prioritizing accessibility in your digital strategy and staying informed about legal requirements, you not only mitigate legal risks but also enhance the overall user experience for all visitors to your website. Remember, accessibility is not just a legal obligation but also a moral imperative to ensure inclusivity and equal access to information in the digital age.

    For more information on ADA compliance and web accessibility best practices, schedule a complimentary ADA strategy briefing with 216digital. Together, we can create a more inclusive online environment that benefits businesses and individuals alike.

    Greg McNeil

    August 19, 2024
    Legal Compliance
    ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
  • What CFOs Need to Know to Mitigate the Risk of Digital ADA Lawsuits

    What CFOs Need to Know to Mitigate the Risk of Digital ADA Lawsuits

    As the digital landscape becomes more integral to business operations, the responsibilities of a Chief Financial Officer (CFO) have expanded beyond traditional financial oversight. One area that garnered significant attention is mitigating risks associated with digital Americans with Disabilities Act (ADA) lawsuits. These lawsuits are on the rise and pose a legal threat as well as a financial and reputational one. For CFOs in Corporate America, understanding how to navigate these risks is crucial.

    The Rise of Digital ADA Lawsuits

    The ADA was enacted in 1990 to ensure equal access to public spaces for individuals with disabilities. While initially focused on physical locations, the ADA has evolved to include the digital realm. As more businesses operate online, websites and mobile applications are increasingly considered “public spaces” under the ADA. Companies must ensure that their digital platforms are accessible to people with disabilities.

    Failure to comply with these requirements can result in costly lawsuits. In recent years, there has been a significant increase in digital ADA lawsuits, with thousands of cases filed annually. These lawsuits often target companies with websites or apps that are not accessible to individuals with disabilities, such as those with visual, auditory, or cognitive impairments.

    Why CFOs Should Be Concerned About ADA Lawsuits

    CFOs are responsible for managing their organization’s financial health, which includes mitigating risks that could lead to financial loss. Digital ADA lawsuits represent a significant risk for several reasons:

    1. Financial Penalties: Non-compliance with ADA requirements can result in substantial fines and legal fees. These costs can quickly escalate, mainly if a company is involved in multiple lawsuits. For example, businesses that violate Title III of the ADA may face a maximum civil penalty of $75,000 for a first violation. Subsequent violations have been seen with up to a $150,000 fine.
    2. Reputational Damage: In today’s socially conscious environment, failing to provide accessible digital experiences can harm a company’s reputation. Negative publicity from an ADA lawsuit can lead to losing customer trust and loyalty, ultimately affecting the bottom line.
    3. Operational Disruption: ADA lawsuits can be time-consuming and disruptive to business operations. Companies may need to divert resources to address the legal proceedings and change their digital platforms.
    4. Market Competitiveness: Companies prioritizing digital accessibility are better positioned to reach a broader audience, including the estimated 26% of the U.S. population living with a disability. This can provide a competitive advantage in the marketplace.

    Critical Steps to Mitigating Digital ADA Lawsuit Risks

    CFOs are critical in mitigating the risks associated with digital ADA lawsuits. They can help protect their organization from legal action by taking proactive steps and ensuring compliance with ADA requirements. Here are the key steps CFOs should consider:

    Conduct a Comprehensive Accessibility Audit

    The first step in mitigating ADA risks is to understand the current state of your organization’s digital accessibility. This involves conducting a comprehensive accessibility audit of your website, mobile apps, and other digital platforms. An audit will identify areas where your digital assets fall short of ADA compliance and provide a roadmap for remediation.

    There are different types of accessibility audits, ranging from automated scans to manual testing by accessibility experts. While automated tools can quickly identify some issues, manual testing is essential for detecting more nuanced problems that automated tools might miss. A combination of both methods is often the most effective approach.

    Implement a Remediation Plan

    Once the audit is complete, the next step is implementing a remediation plan to address the identified issues. This plan should prioritize the most critical accessibility barriers and outline a timeline for making the necessary changes. It’s essential to involve key stakeholders, including web developers, content creators, and legal teams, in the remediation process to ensure that all aspects of digital accessibility are covered.

    Establish Ongoing Monitoring and Maintenance

    Digital accessibility is not a one-time project; it requires ongoing monitoring and maintenance. As your organization updates its digital platforms, new accessibility issues may arise—regular accessibility audits and monitoring tools, such as 216digital‘s a11y. Radar can help ensure that your digital assets remain compliant over time.

    Ongoing monitoring is also essential for preventing frivolous ADA lawsuits. By maintaining a high level of digital accessibility, your organization can demonstrate its commitment to compliance, making it less likely to be targeted by opportunistic lawsuits.

    Integrate Accessibility into Your Business Strategy

    CFOs should advocate for integrating digital accessibility into the broader business strategy. This includes incorporating accessibility considerations into the design and development processes of new digital products and services. By making accessibility a core component of your organization’s digital strategy, you can reduce non-compliance risk and create a more inclusive user experience.

    Stay Informed About Legal Developments

    The legal landscape surrounding digital ADA compliance is continually evolving. CFOs must stay informed about changes in regulations, court rulings, and best practices for digital accessibility. This knowledge will enable you to anticipate potential risks and proactively mitigate them.

    Partnering with legal experts who specialize in ADA compliance can also be beneficial. These professionals can guide the latest developments and help ensure your organization’s digital assets align with current legal requirements.

    Build a Culture of Accessibility

    Finally, fostering a culture of accessibility within your organization is critical to long-term compliance. This means educating employees about the importance of digital accessibility and providing them with the tools and training they need to create accessible content and experiences.

    CFOs can lead by example by championing accessibility initiatives and allocating the necessary resources to support them. By embedding accessibility into your organization’s culture, you can create a sustainable approach to compliance that extends beyond the minimum legal requirements.

    Wrapping  Up

    As CFOs in Corporate America, mitigating the risk of digital ADA lawsuits is a critical responsibility. By conducting thorough accessibility audits, implementing effective remediation plans, establishing ongoing monitoring, and integrating accessibility into the business strategy, CFOs can protect their organizations from legal, financial, and reputational harm. Moreover, by building a culture of accessibility, they can position their companies as leaders in inclusivity, ultimately driving long-term success.

    Digital accessibility is not just a legal obligation; it’s a business imperative to enhance your company’s reputation, expand its customer base, and ensure compliance in an increasingly complex regulatory environment. Taking proactive steps today can save your organization from costly lawsuits and contribute to a more inclusive digital world for everyone.

    Ready to take the next step? Schedule a complimentary ADA Strategy Briefing with 216digital today and start building a more accessible future for your company.

    Greg McNeil

    August 9, 2024
    Legal Compliance
    ADA, ADA Compliance, ADA Lawsuit, ADA Lawsuits, digital accessibility, Web Accessibility, web accessibility lawsuits, Website Accessibility
  • How CTOs Can Mitigate the Risk of ADA Lawsuits

    How CTOs Can Mitigate the Risk of ADA Lawsuits

    As the Chief Technology Officer (CTO) in a corporate environment, you bear a significant responsibility: overseeing the technological backbone of your organization. This Role has evolved beyond managing IT infrastructure and software development in today’s digital landscape. One critical aspect that demands your attention is digital accessibility—a legal and ethical obligation that, if neglected, can expose your organization to the growing threat of digital ADA (Americans with Disabilities Act) lawsuits.

    Understanding the Digital ADA Landscape

    The ADA, enacted in 1990, was initially intended to ensure that people with disabilities have equal access to public spaces. With the digital revolution, this principle has extended to the online world, mandating that websites, mobile apps, and other digital assets be accessible to all users, including those with disabilities. In recent years, lawsuits have been filed targeting companies whose digital properties are not compliant with the ADA. These lawsuits allege that inaccessible websites and apps discriminate against users with disabilities, violating the ADA’s principles.

    The Rising Tide of Digital ADA Lawsuits

    The number of digital ADA lawsuits has skyrocketed over the past few years. In 2023 alone, plaintiffs filed 4,605 federal and state-filed ADA-related digital lawsuits across the United States. This trend shows no sign of slowing down, with organizations of all sizes—small businesses to Fortune 500 companies—finding themselves in litigation.

    What’s driving this surge? Several factors contribute:

    1. Increased Awareness and Advocacy: Disability advocacy groups are more vocal than ever, raising awareness about digital accessibility issues and encouraging individuals to take legal action.
    2. Legal Precedents: Courts have increasingly ruled that websites and other digital platforms are extensions of physical spaces and must be accessible under the ADA.
    3. Regulatory Scrutiny: The Department of Justice (DOJ) has clarified that digital accessibility is a priority, further emboldening plaintiffs to file lawsuits, stating:
    4. “…the Department has consistently taken the position that the ADA’s requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web.”– US Department of Justice | Guidance on Web Accessibility and the ADA (2022)
    5. Automation of Legal Processes: Some law firms leverage automation to identify non-compliant websites and initiate lawsuits at scale, making pursuing such cases more accessible and lucrative. In fact, the top 10 plaintiff law firms in 2023 account for more than 80% of all federally filed cases.

    The Financial and Reputational Risks

    For CTOs, the implications of a digital ADA lawsuit are significant. The financial costs can be staggering, including legal fees, settlement amounts, and the expenses associated with remediating your digital properties to meet compliance standards. Additionally, there is the risk of punitive damages, mainly if your organization is found to have willfully ignored accessibility requirements.

    Beyond the financial impact, there is also the potential damage to your organization’s reputation. A lawsuit can tarnish your brand image, leading to negative press coverage and losing trust among consumers, partners, and investors. In a world where corporate responsibility and inclusivity are increasingly valued, failing to prioritize digital accessibility can undermine your organization’s standing in the marketplace.

    Key Areas of Vulnerability for a ADA Lawsuits

    As CTO, you must recognize the key areas where your organization may be vulnerable to digital ADA lawsuits:

    1. Website Accessibility: Your organization’s website is often the primary target of ADA lawsuits. Key issues include missing alt text for images, poor keyboard navigation, and a need for compatibility with screen readers. Even minor oversights can lead to significant legal trouble.
    2. Mobile Applications: With the rise of mobile-first strategies, ensuring your apps are accessible is crucial. This includes providing text alternatives for non-text content and ensuring that all interactive elements are readily usable by individuals with disabilities.
    3. Digital Documents: PDFs, Word documents, and other downloadable files on your website must be accessible. This means using proper tagging, ensuring screen readers can interpret content accurately, and providing alternative formats when necessary.
    4. E-commerce Platforms: If your organization operates an online store, the checkout process must be fully accessible. Issues such as inaccessible forms, missing labels, and problematic error messages can expose your organization to legal action.
    5. Third-Party Integrations: Any third-party tools or plugins used on your website or app must also be accessible. Relying on non-compliant third-party solutions does not absolve your organization of liability.

    Proactive Measures to Mitigate Risk

    Mitigating the risk of digital ADA lawsuits requires a proactive approach. As CTO, you are pivotal in implementing strategies that ensure your digital properties are compliant and accessible. Here’s how to get started:

    1. Conduct a Comprehensive Accessibility Audit: Conduct a thorough audit of your digital properties. This should include both automated and manual testing to identify accessibility issues. Automated tools can quickly highlight apparent problems, while manual testing ensures that the most nuanced matters are caught. Partnering with a firm like 216digital can give you the expertise needed to conduct a robust audit.
    2. Implement Accessibility Remediation: Once the audit is complete, prioritize the remediation of identified issues. This may involve updating your website’s code, redesigning certain elements, or working with third-party vendors to ensure their tools are accessible. Remember, accessibility is an ongoing process, not a one-time fix.
    3. Adopt an Accessibility-First Mindset: Integrate accessibility into your development lifecycle. This means ensuring that all new digital products and updates are designed with accessibility. Educate your development team on accessibility best practices and incorporate accessibility checks into your quality assurance processes.
    4. Stay Informed on Legal and Regulatory Developments: The legal landscape surrounding digital accessibility is constantly evolving. Stay informed about the latest court rulings, DOJ guidance, and state-specific regulations that may impact your organization. This knowledge will help you anticipate potential risks and adapt your strategy accordingly.
    5. Engage in Ongoing Monitoring and Maintenance: Accessibility is not a set-it-and-forget-it task. Regularly monitor your digital properties to ensure ongoing compliance. Tools like 216digital’s a11y.Radar service offers continuous monitoring, helping you stay ahead of potential issues and avoid costly lawsuits.
    6. Develop an Accessibility Statement: An accessibility statement on your website demonstrates your commitment to inclusivity and transparency. It should outline your organization’s steps to ensure accessibility, provide contact information for users to report issues, and offer alternative ways to access content.

    The Role of 216digital in Mitigating ADA Lawsuits

    At 216digital, we understand the complexities and challenges of achieving and maintaining digital accessibility. Our comprehensive services are designed to support CTOs like you in mitigating the risk of ADA lawsuits while ensuring that your digital properties are inclusive for all users, from conducting thorough accessibility audits to providing ongoing monitoring with our a11y. Radar service offers the expertise and tools needed to safeguard your organization.

    Conclusion

    As a CTO in Corporate America, understanding and mitigating the risk of digital ADA lawsuits is crucial to your Role. By prioritizing accessibility, you protect your organization from legal and financial repercussions and contribute to a more inclusive digital landscape. With the right strategies and partners, you can confidently navigate this complex issue, ensuring that your digital properties are compliant, accessible, and free from the threat of costly litigation.Ready to take the next step? Schedule a complimentary ADA Strategy Briefing with 216digital today and start building a more accessible future for your organization.

    Greg McNeil

    August 9, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA Lawsuits, ADA Website Compliance, CTOs, web accessibility lawsuits, Website Accessibility
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