As an online business owner, you’ve likely heard about the Americans with Disabilities Act (ADA). You understand its importance and that your website needs to be accessible to all users, including those with disabilities. However, when a website is found to be in violation of the ADA, its owner can face legal repercussions.

These may include receiving a demand letter.

But what should you do if you receive one? Who sends them? And how do you adequately address what is stated in the letter?

In this guide, we’ll cover everything you need to know about ADA website compliance demand letters. We’ll explain what a demand letter is, who sends them, and how to respond.

What is ADA Web Compliance?

Before we dive into the specifics of ADA web compliance demand letters, let’s first explore what ADA website compliance means. ADA stands for the Americans with Disabilities Act, which was enacted into law in 1990. This Act seeks to prohibit discrimination against people with disabilities in all public and private places open to the general public.

Although the ADA law was enacted before the internet became widely used, U.S. court decisions have extended the law’s scope to include websites and online platforms. Unfortunately, the DOJ has failed to formally adopt a set of standards or legal guidelines for what constitutes ADA web compliance, which means there is no way to absolutely stay protected from these lawsuits and demand letters. However, the disabled community has widely recognized the Web Content Accessibility Guidelines (WCAG) as the best existing standard for web inclusivity. WCAG 2.1 Level AA is the most up-to-date version of this standard.

ADA Web Compliance Demand Letters

An ADA web compliance demand letter is a legal notice sent to businesses to rectify non-compliant areas of a website. The letter aims to inform business owners that their website is not fully accessible, giving them the opportunity to correct it.

In recent years, the number of businesses receiving these letters has increased exponentially. In 2022, more than 1,500 demand letters were sent per week. This rise is partly due to heightened awareness of accessibility rights and the growing number of people with disabilities using the internet. Until equal access is provided for people with disabilities, the rate at which ADA website compliance demand letters are sent will likely continue to grow.

Who Sends ADA Web Compliance Demand Letters?

Demand letters are typically sent by an attorney representing clients with disabilities or advocacy groups who have identified ADA violations on a website. However, anyone with a disability who has been denied access to a public-facing website or digital platform can send a demand letter. These violations can range from difficult-to-use navigation menus to missing alt text and keyboard navigability.

While demand letters primarily come from attorneys, the Department of Justice (DOJ) also plays a critical role in enforcing accessibility standards. If a person with disabilities finds that a website is not accessible, they can file a complaint with the DOJ. The DOJ may then investigate and enforce action if necessary.

Who is at Risk of Receiving an ADA Web Compliance Demand Letter?

All online businesses open to the public risk receiving ADA web compliance letters, including eCommerce website owners, small businesses, large corporations, and nonprofits.

However, websites heavily reliant on visual content, such as online retailers, are among those most commonly targeted. In 2022, 2,387 businesses faced web accessibility lawsuits, and the retail industry accounted for almost 77% of cases.

While visual content is stimulating for some, images and videos may be inaccessible to certain website visitors. In fact, 58.2% of home pages are missing alternative text for images for visually impaired users. If website owners do not take proper measures to adjust their online content, the likelihood of receiving a demand letter is considerably higher. 

Breaking Down the ADA Web Compliance Demand Letter

Receiving an ADA demand letter may seem intimidating, but don’t panic. While the letter isn’t a formal legal complaint or lawsuit, it serves as a warning. However, failure to take action when receiving one can lead to further legal recourse. 

A typical ADA web compliance demand letter may include the following sections:

Violation Details

The ADA compliance demand letter will typically begin by explaining that your website has been assessed and found non-compliant with ADA standards. It will outline in clear language what the specific violations are. This may include thorough descriptions of accessibility barriers, such as incompatibility with screen reader technology or lack of keyboard navigability.

Request for Modifications

After highlighting the violations, the letter will contain a request for modifications you need to make to your website to achieve compliance. It might include specific WCAG checkpoints your site fails to meet and suggest remedies. For example, your website lacks sufficient contrast between text and background. In that case, the request might demand an improvement in this area.

Timeline for Achieving Compliance

The sender will specify a reasonable timeline for you to make the requested modifications. This could range from a few weeks to several months, depending on the nature and extent of the violations. It’s crucial to note this timeline and make sure you comply within the given time frame. Remember, this timeline is legally binding, and any delay can escalate the situation to a full-fledged ADA lawsuit.

Consequences

If you fail to meet the ADA web compliance demands within the stated timeline, you risk being subject to legal action. The consequences could include hefty penalties, court-ordered website modifications, and the stigma of a public ADA lawsuit. All of this could significantly impact your business’s reputation and profitability.

What to Do if You Receive a Demand Letter?

If you’ve received an ADA website compliance demand letter, it usually means someone has identified your website as ADA non-compliant. So what should you do?

Here are some steps to guide you:

• Understand the Requirements for ADA Web Compliance: Familiarize yourself with ADA website conformance standards and guidelines. WCAG 2.1 Level AA is the best measure for web accessibility.
• Seek Legal Advice:  A knowledgeable attorney with experience in ADA website compliance can help you understand the legal requirements and guide you on the best course of action.
• Review the Letter and Evaluate Your Website for Compliance: Carefully review the demand letter and evaluate your website based on the violations outlined. Determine if the claims are valid and identify areas that need improvements.
• Get a Website Audit and Remediate: Hire a professional to conduct an accessibility audit of your website and make the necessary changes to achieve compliance.
• Communicate with the Plaintiff: Respond to the letter, outlining the steps you’re taking to address the issues raised. Proactive communication can help de-escalate the situation and avoid a lawsuit.
• Monitor and Maintain: ADA Web Compliance is not a one-time event. Regularly review your website to ensure ongoing compliance. This proactive approach can help prevent future demand letters.

Stay Ahead of the Curve with 216digital

ADA web compliance is not optional for online businesses. Demand letters pose a real risk and can lead to serious legal consequences if not appropriately addressed. However, with a clear understanding of ADA standards and the right support, you can take steps to rectify issues and protect your business from potential legal action.

At 216digital, we understand the complexities of web accessibility and are here to help. We offer comprehensive services that not only audit your website for accessibility but also provide solutions to meet ADA compliance requirements. Our experienced team thoroughly understands WCAG guidelines, and we can help your business implement the necessary adjustments.

Don’t wait for a demand letter to land on your desk. Get ahead of the curve and ensure your website is ADA-compliant today with 216digital by scheduling a complementary 15 minute briefing.

When we discuss web accessibility, Section 508 of the Rehabilitation Act often surfaces as a critical element. However, understanding its full scope and whether it applies to your website can be confusing. That’s why we want to clear the air. In this post, we will discuss everything you need to know about Section 508, from its latest revision to how it could impact your business.

What is Section 508?

In the early 1970s, American lawmakers started to become aware of the need for legislation that ensured accommodation for citizens with disabilities. The first federal law was the Rehabilitation Act of 1973. 

This law was mainly concerned with how the government would support people with disabilities. It expanded approval for state vocational rehabilitation service grants, established federal accountability for research and training programs for those with disabilities, and designated government bodies, such as the Department of Health, Education, and Welfare, to coordinate disability programs.  

However, it did not have anything to do with web accessibility issues. It wasn’t until the introduction of the Internet and the rise of digital services that made Section 508 a cornerstone of digital accessibility.

Section 508

In 1998, Congress revised the Rehabilitation Act of 1973 to include Section 508. Section 508 states that all federal agencies must make electronic and information technology (EIT) accessible to disabled employees and members of the public. The law applies to EIT’s development, procurement, maintenance, or use, including government websites, documents, software, and multimedia.

The Latest Revision

In March 2017, the United States Access Board revised Section 508’s accessibility requirements for information and communication technology(ICT). The update provides more specific definitions of accessibility for EIT, offering clear guidelines for developers and website owners to follow.

There are five significant changes to Section 508:

• Focus on Functionality: Organized by functionality instead of product type to keep pace with technological advances.
• WCAG Compliance: The 2017 update formally established the Web Content Accessibility Guidelines (WCAG) 2.0 as the accessibility framework for agencies. Federal websites are required to meet at least WCAG 2.1 Level A and AA compliance.
• Content Accessibility:  All official agency content aimed at the general public, along with specific non-facing categories, must be accessible to those with disabilities.
• Synchronized Tools and Technology: All software and operating systems must be compatible with assistive technologies like screen readers.
• Expanded Marketplace: This combines chosen global standards such as WCAG 2.0 and aligns with the European Commission’s ICT Standards (EN 301 549) to broaden the range of accessibility solutions available.

How Does WCAG Affect Section 508?

As mentioned earlier, the latest revision of Section 508 aligns with WCAG 2.1. WCAG, or the Web Content Accessibility Guidelines, are the international standards for web accessibility developed by the World Wide Web Consortium (W3C).

So, in effect, WCAG informs the standards set forth by Section 508. WCAG is often considered the golden standard in web accessibility, and following its guidelines can be a big step toward achieving both Section 508 and ADA compliance.

How is Section 508 Different from the ADA?

The American with Disabilities Act (ADA), passed in 1990, prohibits discrimination against individuals with disabilities in all areas of public life. While Section 508 specifically deals with federal agencies, the ADA applies more broadly. It prohibits discrimination against people with disabilities in all places of public life. Title II of the ADA pertains to state and local government functions. At the same time, Title III involves private businesses and commercial entities operated by private entities.

Both acts relate to accessibility for people with disabilities but have significant differences. 

Section 508

Section 508 is a set of rules that primarily apply to government entities. However, it also applies to organizations that receive federal funding. This means that government-supported institutions like museums, universities, medical centers, and programs partially federally funded must follow Section 508. 

Section 508’s accessibility rules also extend to contractors or third-party workers who provide services to government bodies or federally funded organizations. Therefore, any digital platform or website associated with a federally funded entity and used by the public must meet Section 508 standards. Small businesses should consider this if they want to pursue government grants or contract work with federal agencies.

The ADA

Section 508 primarily concerns digital accessibility for federal agencies and federally funded organizations. In contrast, ADA has a broader reach, covering both physical and digital spaces across public and private sectors. 

The ADA requires businesses to make accommodations for their employees and their customers so that those with a disability may not be excluded from participation in or denied services. 

While court cases have interpreted the ADA to include websites as part of “public accommodations,” it does not provide specific technical guidelines like Section 508. Instead, a sharp increase in lawsuits over the last few years has confirmed that the ADA applies to websites and online applications just as much as to physical stores and offices. For example, in 2022, there were 2,387 web accessibility lawsuits filed in Federal Court and California State Court under the Unruh Act. 

Does Section 508 Apply to My Business?

You might wonder if Section 508 applies to you if you’re a business owner. The answer largely depends on your business type. If you are a federal contractor, receive federal funding, or serve a federal agency, Section 508 compliance is mandatory. Consult with a legal expert to fully understand your obligations when in doubt.

If you’re not a federal agency and still want to make your website accessible, following Section 508 guidelines can be an excellent place to start. It’s always a good idea to strive for inclusivity in your business practices.

What’s the Risk of Non-Compliance?

Non-compliance with Section 508 can result in serious legal consequences.

Let’s take a look at some real-life examples:

NAD vs. Harvard and MIT

In 2015, the National Association of the Deaf (NAD) filed lawsuits against Harvard University and the Massachusetts Institution of Technology (MIT). The NAD argued that the universities failed to caption online course content, discriminating against people with hearing disabilities. Both universities settled, leading to more rigorous captioning commitments.

On November 8, 2019, the National Association of the Deaf (NAD) reached a settlement with Harvard University requiring high-quality captioning services for its publicly available online content. The settlement, memorialized in a class action consent decree, was approved by the Court on February 27, 2020. The Plaintiffs reached a similar settlement with MIT, which was approved on July 21, 2020.

NFB vs. Department of Education

Similarly, the National Federation of the Blind (NFB) filed a complaint against the United States Department of Education in 2009. The NFB claimed that one of the Department’s websites, called the U.S.A. Learns violated Section 508 because it’s inaccessible to those who rely on text-to-speech technology or Braille displays to access information. 

The U.S.A. Learns, a free English-language learning website operated by the Department of Education, underscores the requirement for any government-funded online platform to comply with Section 508.

These cases highlight that non-compliance can result in time-consuming litigation, financial penalties, and damage to reputation. Prioritizing digital accessibility is critical for businesses and institutions, not only for legal compliance but also to ensure inclusiveness for all users. 

Section 508 Compliance with 216digital

Understanding and implementing web accessibility guidelines, like those set out by Section 508 and WCAG, is essential for any business operating in the digital landscape today. Non-compliance can result in severe legal and financial consequences, as demonstrated by the real-life lawsuits against Harvard, MIT, and the Department of Education. But beyond compliance, embracing web accessibility is about inclusivity and fairness, ensuring all users, regardless of ability, have access to information and services.

That’s where 216digital comes into play. We understand that navigating the complex landscape of web accessibility can be daunting for businesses of all sizes. Our experienced team is equipped with in-depth knowledge of Section 508, WCAG, and ADA compliance. We offer comprehensive services to ensure your digital platforms are not only legally compliant but also inclusive and user-friendly for all users, regardless of ability.

By choosing to work with 216digital, you are not only safeguarding your business against potential legal repercussions but also championing digital inclusivity. Don’t wait until it’s too late – contact us today to ensure your website is accessible for everyone. Together, we can make the internet a more inclusive space.

As a website owner, you’ve likely heard about web accessibility and the implications of the Americans with Disabilities Act (ADA) on your digital space. Web accessibility is an integral part of the digital world, aiming to ensure that everyone, including individuals with disabilities, can access and use web content effectively.

In recent years, there has been a surge in ADA web compliance lawsuits that could impact your website and business. One key issue is the debate over whether ADA web accessibility “testers” have the legal standing to sue. This article aims to elucidate this complex issue and help you understand how it may affect your business.

The Americans with Disabilities Act and Web Accessibility

The Americans with Disabilities Act (ADA), signed into law in 1990, prohibits discrimination against individuals with disabilities in all areas of public life. However, it was initially unclear whether this act extended to websites, as they were less prevalent when the act was passed.

With the advent of the digital era, courts have gradually expanded the ADA’s scope to include websites, considering them as ‘places of public accommodation.’ This interpretation implies that websites should be accessible to individuals with disabilities, including those who have visual, auditory, or motor impairments.

In 2022, the Department of Justice (DOJ) published guidance confirming that the ADA applies to business websites. Non-compliance could expose your business to the risk of legal action, including lawsuits and fines.

The Rise of ADA Web Compliance Lawsuits

Recently, lawsuits related to ADA web compliance have become increasingly common. Many businesses, both small and large, have faced legal challenges due to the lack of accessibility of their websites.  In 2023 alone, federal and state courts dealt with 4,605 lawsuits related to web accessibility. 

These lawsuits argue that inaccessible websites create a discriminatory environment, depriving people with disabilities of the same opportunities afforded to those without. While many of these lawsuits are initiated by individuals with disabilities, a new group known as “testers” has emerged as a significant force.

Learn more about What You Need to Know About ADA Web Accessibility Lawsuits.

What is an ADA Web Accessibility “Tester”?

An ADA web accessibility “tester” is an individual who checks websites for ADA compliance. Their primary goal is to identify ADA violations, not necessarily to use the services or products provided on the website.

These individuals, sometimes people with disabilities themselves or professionals in accessibility consulting, are equipped with the knowledge and tools to test whether a website complies with established accessibility standards, such as the Web Content Accessibility Guidelines (WCAG).

If the tester deems the website inaccessible, they may file a lawsuit against the business. Some view this role as essential for holding companies accountable, while others see it as an opportunity for lawsuit abuse and exploitation.

What Gives Someone Ground to Sue?

Under the United States Constitution, a party must have standing to sue. ‘Standing’ is a legal term that refers to a person’s ability to demonstrate a sufficient connection to and harm from the law or action being challenged, supporting that person’s participation in the case. This requirement implies the person must allege that they attempted to access the business but were unable to or were interested in doing so but could not due to the website’s non-compliance.

In ADA lawsuits, the person suing must show that they experienced discrimination due to the website’s non-compliance. The question of standing has been a significant point of contention, especially when it comes to testers. 

Can someone who has no intention of using your services or buying your products sue you because your website is not accessible?

This question brings us to a landmark case in ADA web accessibility lawsuits – Acheson Hotels, LLC v. Deborah Laufer.

Acheson Hotels, LLC v. Deborah Laufer

In late March, the case of Acheson Hotels, LLC v. Deborah Laufer became a focal point in the discussion surrounding the ADA web accessibility testers’ right to sue.

Plaintiff Deborah Laufer, a self-proclaimed “tester,” has filed over 600 lawsuits alleging ADA web accessibility violations since 2018, primarily targeting the hospitality industry.

The lower courts initially dismissed Laufer’s case against Acheson Hotels, arguing that Laufer did not intend to visit the hotel and, therefore, had not suffered any injury. However, Laufer appealed the decision, asserting that she was indeed affected by being unable to access information on the hotel’s website due to her disability. Despite acknowledging her role as a tester, Laufer argues that her motive is irrelevant.

In their brief in opposition, Laufer’s counsel referred to the text of the ADA, writing, “[…] One can readily find that a disabled person’s encounter with violations of the ADA is a real-world harm by reviewing the plain language in the findings and purposes set forth by Congress.”

The First Circuit Court of Appeals agreed and reversed the initial decision, asserting that Laufer had standing. 

Supreme Court Case Takes Unexpected Turn

On March 27, 2023, the Supreme Court agreed to hear a case, but the matter took an unexpected twist. Laufer’s attorney was suspended from practicing law for defrauding hotels by lying in fee petitions and during settlement negotiations. Consequently, Laufer voluntarily dropped her lawsuit, rendering it moot. In a unanimous decision, the Supreme Court agreed.

A lawsuit can become moot when its central conflict has been resolved, as was when Laufer withdrew her claim. While the Supreme Court frequently addresses issues of standing, the Court can still address issues of mootness and the cases standing in any order it chooses.

While this particular lawsuit was declared moot, the split among the circuits regarding tester standing is still “very much alive,” and it is open to ruling on this issue in future cases.

The Future of Web Accessibility

216digital is not a law firm; we cannot provide legal advice. However, as experts in web accessibility, we understand that significant Supreme Court cases often influence the accessibility landscape. Although the Court’s ruling in Acheson Hotels, LLC v. Laufer does not alter the law, it signals the Court’s willingness to address concerns regarding the legal standing of ADA testers.

This stance may dissuade some ADA testers from initiating lawsuits, particularly against well-defended, high-profile defendants. Yet, as we’ve emphasized in previous articles, the prevalence of serious accessibility barriers is not few and far between.

With the uptick in web accessibility lawsuits each year, prioritizing web accessibility has never been more crucial. To minimize potential legal risks, online businesses must monitor their website’s accessibility and collaborate with accessibility experts to adhere to the WCAG standards.

Steps Businesses Should Take to Ensure ADA Compliance

Considering current affairs, it’s crucial that businesses ensure their websites are ADA-compliant. Here are some steps to take:

1. Audit Your Website: Conduct a thorough website audit using ADA compliance tools or hire a professional.
2. Follow WCAG Guidelines: The Web Content Accessibility Guidelines are reliable recommendations for making your website accessible. Aim for WCAG 2.1 Level AA compliance, which covers a broad range of recommendations for making web content more accessible.
3. Regularly Update Your Website: Web accessibility is not a one-time task. Regularly review and update your website to ensure ongoing compliance as guidelines and technologies evolve.
4. Train Your Team: Ensure your team understands the importance of ADA compliance. Provide them with training on maintaining accessibility during website updates and content creation.
5. Regular Monitoring: Regularly monitor your website to ensure ongoing compliance.
6. Consult with an Expert: If in doubt, consult with a web accessibility expert or lawyer specializing in ADA compliance to fully understand your legal obligations and ensure you’re doing everything necessary to comply.

Learn more about Mitigating ADA Lawsuit Risk: Affordable Solutions for Online Business.

Protect Your Online Business

ADA and web accessibility are crucial considerations for all website owners. The debate over whether ADA web accessibility “testers” can sue carries potentially significant implications. Regardless of the outcome, businesses need to strive towards full ADA compliance to avoid lawsuits and ensure a better, more inclusive user experience for all.

Find out if your website is ADA compliant today by scheduling a 15-minute complimentary website audit and consultation with our experts at 216digital. We can help determine if your website is at risk of a lawsuit and offer fast, effective ADA compliance solutions. This ensures your site is accessible to everyone, reducing your risk of litigation so you can continue focusing on what matters most: running your business.