ADA Lawsuits Archives /Tag

ADA Settlements: Risks, Costs, and Legal Outcomes

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

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

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

What Are ADA Settlements and Why Do They Matter?

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

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

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

The Real Costs of ADA Settlements

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

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

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

The Technical vs. Practical Accessibility Approach

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

Technical Approach

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

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

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

Practical Approach

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

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

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

How to Identify High-Risk Accessibility Issues

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

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

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

Real-World ADA Settlement Outcomes

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

1. Small Retailer Settles for $15K + Fixes

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

2. Nonprofit Faces Multiple Complaints

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

3. Enterprise Brand Chooses Full Compliance

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

How to Strengthen Accessibility and Reduce Legal Risk

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

Get Grounded in WCAG

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

Run an Audit—Then Act

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

Train the Right Teams

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

Monitor Continuously

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

Stay Adaptive

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

Final Thoughts: Don’t Wait for a Lawsuit

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

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

Need help navigating accessibility risks?

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

Greg McNeil

May 7, 2025

Legal Compliance, Uncategorized

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

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

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

What Does “Moot” Mean in ADA Lawsuits?

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

How This Applies to ADA Lawsuits

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

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

What Factors Decide If a Case Is Moot?

When You Fix the Problem Matters

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

Proof That the Fix Is Permanent

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

Ongoing Accessibility Efforts Matter

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

Does Fixing Accessibility Issues Make the Lawsuit Go Away?

Short Answer: Not Always

It may seem logical that correcting your site’s accessibility issues would end the legal fight, but lawsuits can persist even after changes are made. Here’s why:
- Attorneys’ Fees and Costs: Plaintiffs often request attorney fees under federal law, which allows the prevailing party to recover these costs. Even if you fix the problem, the plaintiff might claim they deserve compensation for time and resources spent filing the lawsuit.
- Compliance Verification: The court or plaintiff may want proof that your website remains compliant long term. This can involve audits, monitoring, or reporting requirements.
- Bad Faith Litigation: Certain “serial litigants” file multiple lawsuits seeking quick settlements. Even after you fix the issues, these litigants could still pursue a settlement or legal fees.
When Could the Case Be Dismissed?

A court may dismiss a case if it’s truly moot, which typically requires showing a solid commitment to ongoing compliance. For instance, if you’ve:
- Hired an accessibility consultant to thoroughly audit your site.
- Corrected all the reported issues.
- Adopted a formal accessibility policy.
- Implemented regular testing and maintenance to keep your site accessible.
If you can persuade the court there’s virtually no chance the same accessibility barriers will return, the lawsuit might indeed be dismissed as moot. However, the burden is usually on you to prove you’ve made genuine, lasting efforts.

Why Proving Mootness Can Be Hard

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

The Business Bears the Burden of Proof

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

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

Diaz v. Kroger

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

Haynes v. Hooters

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

What Businesses Should Do to Avoid Lawsuits

Stay Ahead of the Game with Accessibility Audits

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

Develop an Accessibility Plan

A strong accessibility plan signals to courts (and customers) that you take the ADA seriously. This plan should include:
- Clear Accessibility Policies: Document your commitment to making your website and business accessible.
- A Real Budget for Improvements: Allocate funds for accessibility updates and necessary technology.
- Scheduled Audits and Training: Conduct regular reviews and train your team to maintain accessibility every day.
Document Everything

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

Team Up with 216digital to Stay ADA-Compliant

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

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

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

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

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

February 21, 2025

Legal Compliance

Accessibility, ADA Compliance, ADA Lawsuit, ADA Lawsuits, Moot, Website Accessibility
ADA-Compliance Fines: How Much Will You Pay?
Have you ever tried to use a website that was confusing, cramped, or just plain hard to read? Now imagine how much more frustrating it could be if you were relying on a screen reader or keyboard navigation because of a disability. That’s where ADA-compliance comes in. It’s about making sure everyone—regardless of ability—can enjoy and use your website.

If your site isn’t ADA-compliant, you could be responsible for major fines. These penalties can reach tens of thousands of dollars and climb even higher for repeat violations. Besides the financial hit, failing to comply can scare away customers, invite negative press, and harm your brand. It’s not a pretty picture.

Below, you’ll find a guide that combines vital insights about ADA-compliance: what it is, who needs to follow it, how fines are calculated, and how to avoid common slipups. Let’s jump in.

The Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) was signed into law in 1990 to ensure that people with disabilities are treated fairly in various aspects of life. It was originally applied to physical spaces, such as offices, restaurants, and other public venues. However, as online services and websites became central to daily life, courts began to include the digital space under ADA regulations.

Who Needs to Follow ADA-Compliance?

If your website or digital tool is offered to the public, you likely need to comply with the ADA. This includes large retailers, small businesses, nonprofits, government sites, and e-commerce stores with no physical location. Courts often view websites and apps as “public accommodations,” meaning they must be as open to everyone online as a physical store or library is in person.

Even if you do have a storefront, you might be surprised to learn that ADA-compliance still matters. As long as people can visit your digital space, you have a legal duty to make it accessible to those with disabilities.

ADA Compliance Fines and Penalties

The ADA has five main sections, or “titles”:
1. Title I: Employment – Overseen by the Equal Employment Opportunity Commission (EEOC).
2. Title II: Public Services – Managed by the Department of Justice (DOJ).
3. Title III: Public Accommodations – Also enforced by the DOJ.
4. Title IV: Telecommunications – Governed by the Federal Communications Commission (FCC).
5. Title V: Miscellaneous Provisions – Covers other ADA rules and details.
Both government agencies and private individuals can bring a lawsuit. If the DOJ believes your violation is especially serious, it might launch an investigation, require you to pay fines, and order you to fix your site. Individuals who face barriers can also sue you for blocking their access.

Fines for Non-Compliance

If you’re found guilty of violating ADA-compliance, the penalties can be steep:
- First-Time Violations: Penalties can range from a few thousand dollars up to $75,000.
- Repeat Violations: If an organization violates the ADA again, the fines can rise to $150,000 or more.
- Legal Fees: You may also have to cover legal costs for both your own business and the person who filed the complaint.
Fines can grow even higher if the problem persists. Business owners sometimes face ongoing penalties until they fix the issues. This can take a heavy toll on smaller companies that do not have large budgets. Apart from financial damage, there is also the risk of negative press. A major lawsuit can harm your brand and push potential customers away.

Common ADA Violations

Many people do not realize their websites have barriers for users with disabilities. The following are some of the most frequent problems:
1. Lack of Alt Text for Images: Screen readers rely on alt text to describe images. Without it, a person with a vision impairment might not know what the image shows.
2. Videos Without Captions: People who are deaf or hard of hearing need captions to understand the audio. Captions also help users who cannot listen to sound at a given moment.
3. Poor Color Contrast: Text that blends into the background is difficult to read. High contrast between text and background helps everyone.
4. Missing Labels on Forms: Online forms should have clear labels for each field. Labels guide screen readers and offer clarity to all users.
5. Keyboard Navigation Problems: Some users cannot navigate a website with a mouse. They rely on the keyboard instead. If your site has items that cannot be accessed by tabbing or arrow keys, it may cause trouble.
Lawsuits and Legal Actions

Government-Initiated ADA Lawsuits

If the Department of Justice sees your company as a major offender, it might file a lawsuit. This can lead to large fines, mandatory site changes, and ongoing monitoring. Past cases, like H&R Block and Peapod, show the DOJ doesn’t hesitate to step in when businesses ignore ADA-compliance.

Private ADA Lawsuits

Users who encounter barriers on your site can also file a suit. In states such as California, the Unruh Civil Rights Act sets a $4,000 penalty for each violation, while in New York, the Human Rights and Civil Rights Acts allow for legal action. These laws often motivate people to bring cases in states where they see better chances of winning.

Costs Beyond Fines
- Legal Fees: Defending a lawsuit can rack up thousands in attorney fees.
- Settlements: Many businesses settle out of court, which still means paying money and fixing the accessibility issues.
- Reputation Hits: Negative headlines can scare off customers and partners alike.
Practical Tips to Stay ADA-Compliant

Knowing what the common problems are is a good start. Here are practical steps to fix them:
1. Follow WCAG Standards: Aim for at least Level AA of the Web Content Accessibility Guidelines (WCAG) 2.2.
2. Run Accessibility Audits: Regularly audit your website for accessibility issues. There are tools available online that can help you identify problems, such as missing alt text for images or issues with color contrast. Consulting with a specialist firm like 216digital to conduct a thorough audit can also be a wise investment.
3. Train Your Team: Train your staff, especially those involved in website management and content creation, about the basics of ADA-compliance.
4. Gather User Feedback: People with disabilities can test your site and point out areas that need work.
5. Stay Informed and Up-to-Date: Web accessibility standards and best practices can evolve over time. Stay informed about any changes and make updates to your website as necessary to remain compliant.
Conclusion: Start Your ADA-Compliance Journey Now

ADA-compliance isn’t just about avoiding fines or lawsuits—it’s about building a more inclusive online world. By making your site accessible, you allow people from all backgrounds and abilities to connect with your brand. This fosters loyalty, trust, and a sense of community among your visitors. Yes, ignoring ADA-compliance can lead to huge fines and serious legal trouble, but it also means losing out on customers who might truly need your services.

Don’t wait for a lawsuit or a complaint letter before you act. Every day that passes is another chance for your website to be more welcoming and user-friendly. If you’re unsure about where to start or need a partner to guide you, we’re here to help.

Schedule a briefing with 216digital using the contact form below to talk about your website’s accessibility needs. Our dedicated team will walk you through each step, from identifying problem areas to crafting a clear plan for full ADA-compliance. With the right support, you’ll not only protect your business—you’ll create a digital space that people can appreciate, trust, and enjoy.
Greg McNeil

February 17, 2025

Legal Compliance

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

1. Growing Awareness of Accessibility Rights

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

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

2. The Rapid Expansion of Digital Technologies

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

3. Legal Precedents and Heightened Enforcement Trends

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

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

4. The Impact of Accessibility Testing Tools

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

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

5. The Demand for Proactive Accessibility Compliance

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

The Time to Act on Accessibility Is Now

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

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

January 31, 2025

Legal Compliance

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

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

The Rise and Shift of ADA Lawsuits for Websites

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

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

Geographic Hotspots

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

Widgets and Overlays Don’t Cut It

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

Why Do Overlays Fail?

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

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

The Growing Challenge of Repeat Lawsuits

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

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

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

Why E-Commerce Websites Were the Hardest Hit

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

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

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

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

What You Can Do to Avoid ADA Lawsuits

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

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

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

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

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

January 23, 2025

Legal Compliance

2024 accessibility lawsuits, Accessibility, ADA Lawsuit, ADA Lawsuits, web accessibility lawsuits, Website Accessibility
2024 Accessibility Lawsuits: Trends and Lessons

2024 has been another big year for web accessibility—and not in a good way. More than 4,000 accessibility lawsuits were filed against digital properties this year, affecting businesses of all sizes. Whether you’re a small business facing your first lawsuit or a larger company dealing with repeat claims, the message is clear: ignoring web accessibility is no longer an option.

Despite the alarming rise in legal risks, the good news is that you can take practical steps to protect your business and create a better online experience for everyone. Below, we’ll examine the highlights of 2024, why they matter, and how you can get ahead in 2025.

Accessibility Lawsuits Are Shifting to State Courts

In 2024, over 4,000 accessibility lawsuits were filed—1,600 in state courts and 2,400 in federal courts. While federal cases dipped slightly, lawsuits in state courts surged, led primarily by New York and California. These two states accounted for more than 40% of all claims.

Why are state courts becoming more popular? State-specific legal frameworks and streamlined procedures may be giving plaintiffs an edge. For businesses, this shift means that federal-level compliance isn’t always enough—you must also stay aware of state-level requirements. Regular audits, attention to WCAG (Web Content Accessibility Guidelines) updates, and a clear understanding of how your state enforces accessibility standards can help you stay ahead. Ignorance, as it turns out, is no longer bliss.

New York Is at the Center of the Action

New York isn’t just the city that never sleeps—it’s also the state that leads the nation in accessibility lawsuits. In 2024 alone, 2,541 cases were filed in its federal and state courts, surpassing even California.

What’s especially notable is New York courts’ willingness to hear cases against businesses with no physical presence in the state. If your website is accessible to New Yorkers, it’s open to potential litigation. Combine that with active plaintiffs and law firms focusing on accessibility, and you have a recipe for heightened risk.

Copycat Lawsuits Are a Growing Threat

One of the more frustrating trends of 2024 is the rise of “copycat” lawsuits. Out of this year’s filings, 961 cases—41% of all accessibility lawsuits—targeted companies that had already faced noncompliance claims in the past.

These repeat claims often happen when companies fix only part of their accessibility issues, leaving gaps that draw new lawsuits. New plaintiffs may target the same website, related brands, or even parent companies. The takeaway? Partial fixes can turn a one-time lawsuit into a recurring problem.

Small Businesses Are in the Spotlight

Historically, large corporations shouldered most accessibility lawsuits, but 2024 marked a shift. Small businesses—those earning under $25 million a year—were targeted more than ever.

There are two key reasons for this change. First, there are simply more small businesses out there, creating a bigger pool of potential defendants. Second, many large companies have been managing lawsuits for years and have implemented robust accessibility programs. With 82% of big companies already working toward compliance since 2018, plaintiffs are now focusing on smaller businesses that may have fewer resources or less awareness.

For small business owners, this trend can feel overwhelming. The silver lining is that you’re not alone, and even modest efforts can go a long way. You don’t need a massive budget to make your website more accessible—you just need to know where to begin.

Accessibility Widgets: Not the Quick Fix You Think They Are

If you’ve ever considered adding a simple “accessibility widget” to solve all your problems, you’re not alone—but this strategy might create more headaches than it relieves. In 2024, over 1,000 companies with widgets on their sites were still sued for accessibility noncompliance.

Why? Widgets often fail to address the deeper, structural issues that make a site inaccessible. In some cases, they even introduce new barriers, like interfering with assistive technologies or complicating site navigation for users with disabilities. Plaintiffs are increasingly calling out widgets as insufficient and pointing to WCAG violations or “band-aid” approaches that neglect larger accessibility gaps.

Relying on widgets alone could lead to a rude awakening. True accessibility requires meaningful changes to your site’s structure and content. This investment will reduce your legal risk and provide a better experience for all users.

What You Can Do in 2025

The prospect of a accessibility lawsuit is stressful, but there’s plenty you can do to minimize your risk. Consider these steps as you plan for the coming year.

Immediate Actions

Conduct a WCAG 2.2 Audit

Start by evaluating your site against the WCAG 2.1. Common issues include missing alt text, poor color contrast, and unlabeled form fields. Fixing these core issues can make an immediate impact.

Train Your Team

Accessibility isn’t a one-time project. Train your developers, designers, and content creators so that accessibility best practices are woven into everything they do. The more knowledge your team has, the fewer issues will arise.

Long-Term Strategies

Build Accessibility Into Your Workflow

Don’t wait until the end of a project to think about accessibility. Integrate it into each stage of development, from initial design to final testing. Known as “shifting left,” this proactive approach saves both time and money.

Partner With Experts

Accessibility is complex, and you don’t have to navigate it alone. Working with a team like ours at 216digital can help you stay up-to-date on guidelines and maintain ongoing compliance.

Conclusion

Yes, the surge in accessibility lawsuits is concerning. Yes, courts in states like New York and California are becoming more aggressive in penalizing non-compliant businesses. And yes, copycat claims mean one lawsuit can quickly snowball into multiple suits. However, this issue isn’t just about minimizing legal risk—it’s about building an inclusive internet that everyone can use and enjoy.

At 216digital, we strive to be more than just a service provider. Our aim is to be an ally, guiding you through the complexities of digital accessibility. Creating an inclusive website benefits your customers, your brand, and your legal standing. It might sound daunting at first, but that’s where we come in. Our step-by-step approach can help protect your business and empower a broader online audience.

The sooner you begin, the easier it becomes to get your site on track. So, let’s move forward—schedule a call with us, take that initial step, and start building a web experience that truly works for everyone. You’ve got this, and we’re here to help.

Greg McNeil

January 6, 2025

Legal Compliance

2024 accessibility lawsuits, ADA Compliance, ADA Lawsuits, web accessibility lawsuits, Website Accessibility
Is Your Restaurant Website ADA Compliant?

If you own or manage a restaurant, you probably spend a lot of time making sure your customers have the best experience—from delicious food to a welcoming atmosphere. But have you thought about how your customers interact with your restaurant online?

In today’s digital world, your website is often the first point of contact for people looking to check out your menu, make a reservation, or order food online. But here’s the thing—if your website isn’t accessible to everyone, you could be at risk of a lawsuit. And yes, it’s happening more than you might think.

Over the past few years, more and more restaurants have been hit with lawsuits for having inaccessible websites. So, what’s going on? Let’s dive into why this is happening, what kind of issues are putting restaurants in the crosshairs, and what you can do to protect your business.

The Rise of ADA Lawsuits Against Restaurant Websites

What is the ADA?

The Americans with Disabilities Act (ADA) is a civil law that protects the rights of people with disabilities in all areas of public life. While it doesn’t specifically mention websites, the courts have made it clear that the ADA applies to websites, including restaurants. If your website is not accessible to people with disabilities, it is not compliant with the ADA, as websites are considered public places.

The ADA’s Impact of Online Interactions

In other words, if your website doesn’t provide accessibility to people with disabilities, it doesn’t comply with the ADA since websites count as public places. So, why are restaurants facing so many challenges? The answer is simple: people are doing more online than ever before—looking up menus, making reservations, and even ordering food. Now imagine someone with a disability trying to use your website and hitting roadblock after roadblock. It’s frustrating, and unfortunately, it happens all the time.

The Growing Trend of Lawsuits

If your website isn’t accessible to everyone, including people with disabilities, you’re at risk of being sued for violating the ADA. And these lawsuits aren’t rare—they’re happening more and more, especially in the restaurant industry. In fact, the food service industry is now one of the most targeted for ADA lawsuits, second only to eCommerce. It doesn’t matter if you’re running a big franchise or a small local café—if your website isn’t accessible, it is at risk. And the cost of these lawsuits? It can add up fast, even if you settle out of court.

Why Are Restaurants Being Targeted for ADA Lawsuits?

Restaurants are a prime target for several reasons:

High Online Traffic

People rely on restaurant websites for crucial information, like menus, reservations, and online orders. This makes them one of the most frequently visited business websites. The more people visit a website, the higher the chances are that someone with a disability will encounter barriers to access. When those barriers exist, lawsuits often follow.

Common Accessibility Issues

Many restaurant websites have the same accessibility problems, which makes them easy to target. Features like menus, online ordering systems, and location finders are commonly inaccessible to people with disabilities. For example, a visually impaired person might not be able to use a screen reader to read an online menu because the text isn’t coded correctly. Similarly, someone with limited mobility might struggle to navigate a reservation system that requires complicated mouse clicks.

Lack of Awareness

Some restaurant owners may not even realize that their websites need to be accessible. They focus on the day-to-day operations of running a business, not on the technical aspects of web development. Unfortunately, ignorance of the law isn’t a valid defense, and that lack of awareness can leave restaurants open to lawsuits.

Automated Tools for Testing

Just like in the retail industry, plaintiffs can use automated tools to check a website for accessibility problems quickly. These tools can scan for issues like missing alt text on images, poor color contrast, or difficulties with navigating menus. If a website fails these basic tests, it can be flagged as non-compliant, leading to a lawsuit.

Common Accessibility Issues on Restaurant Websites

The truth is, most restaurant websites have accessibility problems. They’re not always easy to spot if you don’t know what to look for, but for someone using a screen reader or other assistive technology, it can make your website almost impossible to use.

Menus That Aren’t Accessible

If you’ve ever uploaded a menu as a PDF or image file, it might seem like the easiest option. However, people using screen readers may struggle with these formats. Screen readers are tools that read text aloud for visually impaired users. Unfortunately, PDFs and image files can be impossible for them to navigate. If someone can’t read your menu, they can’t place an order. They also can’t decide if they want to visit your restaurant.

No Keyboard Navigation

Some people don’t use a mouse—they navigate websites using only their keyboard. If your website doesn’t support keyboard navigation, they won’t be able to click through your pages or make a reservation.

Unlabeled Form Fields

Let’s say you have an online reservation form. If the fields (like “name” and “email”) aren’t properly labeled, someone using a screen reader won’t know what information to enter. This could stop them from making a reservation at all.

Color Contrast Issues

Design is essential, but if your website uses colors that blend together too much, it can be hard to read, especially for people with visual impairments. High contrast between your text and background makes everything easier to see.

Missing Alt Text for Images

Do you know all those mouth-watering pictures of your food on your website? If they don’t have alt text (a written description of the image), someone using a screen reader won’t know what’s being displayed. This can be a huge barrier to fully experiencing your website.

What Can You Do to Avoid a ADA Lawsuit?

Now that you know what makes a restaurant website vulnerable, let’s talk about what you can do to protect yourself. The good news? You don’t have to be a tech expert to make your website accessible. Here are some simple steps you can take:

Get an Accessibility Audit

The best place to start is to have a professional conduct a web accessibility audit. They’ll go through your site and find the issues that need fixing. It’s like getting a health checkup for your website. Many companies specialize in ADA web accessibility audits and can provide you with a clear roadmap for improvements.

Use Accessibility Tools

There are free tools out there that can give you a quick idea of where your website might be falling short. Tools like Google Lighthouse can scan your site for fundamental accessibility issues, like missing alt text or poor color contrast. While these tools aren’t perfect, they are a good starting point.

Make Your Menus Accessible

One of the most common accessibility issues for restaurants is their menus. Make sure your menus are available in a text format that screen readers can easily read. Avoid using images or PDFs for your menu unless they’re tagged properly.

Train Your Team

Educate your staff about web accessibility best practices. Whether they’re creating content, updating the menu, or managing online reservations, everyone on your team should know how to make sure the website stays accessible.

Work With a Developer Who Understands Accessibility

If you’re making significant changes to your website or starting from scratch, it’s essential to work with a web developer who understands ADA compliance like 216digital. They can ensure your site is built with accessibility in mind from the start.

Stay Informed

Web accessibility laws and standards are constantly evolving. Keeping up with the latest guidelines—like the Web Content Accessibility Guidelines (WCAG)—can help you stay compliant and avoid future legal trouble.

Update Your Website Regularly

Websites change often, especially in the restaurant industry, where businesses frequently update menus, promotions, and events. Make sure that any new content you add is accessible. It’s also important to ensure that your website stays compliant with the latest web accessibility standards (like WCAG 2.1).

Wrapping Up

making sure your restaurant’s website is accessible to everyone is more important than ever. With the rise in ADA lawsuits targeting restaurant websites, it’s crucial to take proactive steps to create an inclusive online experience. Not only will this help protect your business, but it will also ensure that every customer can enjoy what you have to offer.

At 216digital, we understand the challenges you face and are here to help. Whether you want to protect against a frivolous ADA accessibility lawsuit or become WCAG 2.1 AA compliant, we have you covered. After years of analyzing ADA lawsuits, we’ve discerned the tactics used by law firms to pinpoint websites for groundless ADA claims and how to protect businesses against them.

Don’t wait until it’s too late— schedule a complimentary ADA briefing with 216digital to take the first step towards website accessibility.

Greg McNeil

September 20, 2024

Legal Compliance

ADA, ADA Compliance, ADA Lawsuits, digital accessibility, Restaurants, Web Accessibility
Web Accessibility: The Legal Risks of Ignoring It
In recent years, web accessibility lawsuits have skyrocketed, jumping from around 2,285 cases in 2018 to over 4,605 in 2023.

Today, web accessibility isn’t just a matter of inclusivity—it’s a crucial legal requirement. Websites that fail to meet accessibility standards, including those set by the Americans with Disabilities Act (ADA), risk facing expensive fines and legal battles.

Regardless of whether you’re running a small business or managing a big company, implementing web accessibility isn’t optional—it’s crucial. We’ll explore the legal dangers of ignoring web accessibility, review recent cases, and provide guidance on how businesses can protect themselves by ensuring they comply with the ADA.

Why Web Accessibility Matters

Accessibility is not just a legal requirement—it’s a fundamental aspect of creating an inclusive digital world. For individuals with disabilities, web accessibility means the difference between being able to fully engage with a website or facing barriers that prevent them from accessing vital information, products, or services. This includes those who may be:
- Visually impaired (e.g., blind or low vision)
- Deaf or hard of hearing
- Individuals with mobility, cognitive, or neurological disabilities
For example, a visually impaired person relies on screen readers to navigate websites, while someone with a motor impairment might depend on keyboard navigation or voice commands. Without these adaptive measures, individuals with disabilities face exclusion from participating in the digital space, which can affect their ability to work, learn, shop, or connect socially.

Web Content Accessibility Guidelines (WCAG)

The World Wide Web Consortium (W3C) developed the Web Content Accessibility Guidelines (WCAG), which offer a set of standards to ensure that websites are accessible. The most commonly referenced standards are WCAG 2.1 Level A and AA, and they form the basis for many legal requirements, including those found in the ADA.

ADA and Web Accessibility

The ADA was initially drafted to apply to physical spaces, but courts have since interpreted it to include websites. When a website isn’t accessible, it can be viewed as discriminatory and may lead to the business violating Title III of the ADA, which prohibits discrimination against individuals with disabilities in public accommodations.

ADA Compliance and Legal Consequences

Failure to comply with web accessibility standards can lead to serious legal issues, particularly in ADA lawsuits. Many companies have faced litigation for not having accessible websites, which could lead to court-mandated accessibility updates, financial penalties, and legal fees.

ADA Lawsuits

If your website fails to meet web accessibility standards, you risk being sued. In 2023, federal and state courts saw 4,605 ADA-related digital lawsuits, and the trend continues to grow.Organizations of all sizes, from small businesses to Fortune 500 companies, are facing these lawsuits. Every year, thousands of businesses get sued because their websites are not accessible to people with disabilities, leading to costly legal fees and settlements.

Case Study: Robles v. Domino’s Pizza

For example, in 2016, Guillermo Robles sued Domino’s Pizza, arguing that the company violated Title III of the ADA because its website and mobile app were not accessible to screen readers. A district court initially dismissed the case, but Robles took it to the Ninth Circuit Court of Appeals, which disagreed with the earlier ruling. The court decided that the ADA did apply to websites and stated that Domino’s had “received fair notice” that its digital content needed to comply with the ADA. This case set a precedent for the applicability of the ADA to the digital space, reinforcing the legal obligations businesses have to ensure online accessibility.

In October 2019, the U.S. Supreme Court declined to review the Ninth Circuit’s decision. Later, in June 2021, a California federal court found that Domino’s was still in violation of both Title III of the ADA and California’s Unruh Act, as their website and mobile app remained inaccessible for ordering. As part of the settlement, Robles received $4,000 in statutory damages, and Domino’s was required to update its website to meet WCAG 2.0 guidelines.

These lawsuits often result in more than just legal fees. They can lead to significant financial penalties that can be just as damaging to a business’s bottom line.

Financial Penalties

Ignoring web accessibility can result in more than just lawsuits; businesses face hefty financial penalties that can disrupt their operations and tarnish their brand image. These penalties typically include settlement costs, attorney fees, and fines mandated by the courts. Moreover, non-compliant businesses often incur additional expenses for accessibility audits, website remediation, and ongoing maintenance to ensure compliance. The financial strain can be particularly overwhelming for small businesses, but even large corporations aren’t immune to the consequences.

Below are case studies that illustrate the severe financial penalties companies can face when ignoring web accessibility.

Case Study: Target Corporation Settlement

In 2008, Target Corporation faced a class-action lawsuit filed by the National Federation of the Blind (NFB).

The NFB claimed that Target’s website was not accessible to people who are visually impaired. Users with vision impairments couldn’t navigate the site or make purchases using screen readers. This was seen as a violation of the Americans with Disabilities Act (ADA), which protects people with disabilities from discrimination.

As part of the settlement, Target paid $6 million to those affected. This showed businesses that not following web accessibility rules could lead to big financial penalties. Target also had to update its website to make sure it worked with screen readers and other assistive technologies.

This case was a wake-up call for many companies, highlighting that failing to meet web accessibility standards can lead to expensive legal and business problems. It set a clear example that websites, like physical stores, must be accessible to everyone.

Case Study: Beyoncé’s Parkwood Entertainment

In 2019, a visually impaired person sued Beyoncé’s company, Parkwood Entertainment. The claim was that Beyonce.com was hard to use with screen readers. The lawsuit alleged the site lacked basic accessibility features. These included image descriptions and easy navigation for screen readers. This lack of accessibility went against the ADA. It also prevented people with disabilities from accessing Beyoncé’s products and services.

The settlement details are private. However, the case shows the risks of ignoring web accessibility, even for famous brands.

Mitigating Legal Risks: Proactive Steps for ADA Compliance

To avoid expensive legal issues and damage to your reputation from not following web accessibility rules, businesses should act proactively. Here are some key steps to help you meet accessibility standards and protect your organization from ADA lawsuits.
- Understand Web Accessibility Guidelines: WCAG provides rules to make web content more accessible. Learn about these guidelines to know what changes are needed. They cover things like making text easy to read, providing alternative text for images, and ensuring keyboard navigation is smooth.
- Conduct a Website Audit: Regularly check your website for accessibility problems. There are online tools that can help spot issues, such as missing alt text for images or color contrast problems. By leveraging the expertise of professionals like 216digital, you can ensure that every aspect of your website meets WCAG standards.
- Implement Ongoing Training: Train your team, especially those who manage and create content for your website, on web accessibility. This builds a culture of inclusivity and makes sure accessibility stays a priority.
- Stay Informed and Up-to-Date: Web accessibility standards and best practices can change over time. Keep up with any updates and make necessary changes to your website to stay compliant.
- Ongoing Monitoring: Compliance isn’t a one-time task. 216digital’s a11y.Radar service offers ongoing monitoring of your website or app to catch any new accessibility issues. This proactive approach helps prevent potential violations before they result in costly lawsuits.
Get Proactive about ADA Web Accessibility

Neglecting web accessibility can lead to serious legal troubles and hefty fines, especially with the rise in ADA lawsuits. Ensuring your website is accessible is crucial for protecting your business and avoiding potential risks.

To safeguard your business and ensure you’re meeting all accessibility standards, consider scheduling an ADA briefing with 216digital. We understand developing a strategy for ADA Website accessibility and liability can be a beast of a project. So, why let web accessibility hijack your development backlog?

We will help develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms. To learn more about how the ADA experts at 216digital can help build an ADA WCAG 2.1 compliance strategy on your terms, schedule an ADA Strategy Briefing.
Greg McNeil

September 12, 2024

Legal Compliance

ADA Lawsuits, digital accessibility, Web Accessibility, web accessibility lawsuits
Why Are Federal Web Accessibility Lawsuits Dipping in 2024?
If you’re a business owner with a website, you’ve probably heard about web accessibility lawsuits. These are legal cases where people or organizations sue companies for not making their websites accessible to everyone, including those with disabilities. In recent years, these lawsuits have been quite common, but there’s a noticeable trend so far in 2024: federal web accessibility lawsuits are on the decline.

This drop is something worth paying attention to if you manage a website. So, why exactly are there fewer of these cases, and what does this mean for you? Let’s dive into the details.

Overview of the Decrease in Federal Web Accessibility Lawsuits

Between 2023 and 2024, federal web accessibility lawsuits have significantly decreased, according to Useablenet’s 2024 Midyear Report. In fact, we anticipate a 600-case drop from last year. This change is noteworthy for anyone keeping an eye on digital accessibility and legal trends. Understanding why this decrease is happening can help you better manage your website and avoid potential legal trouble.

Increased Judicial Scrutiny Influences the Shift

One major reason for the drop in federal web accessibility lawsuits is increased scrutiny from the courts. Federal judges are now demanding more detailed and specific claims from plaintiffs. This means that simply alleging a website isn’t accessible isn’t enough. Plaintiffs must provide concrete evidence and detailed arguments to support their claims.

For example, if someone is suing a business because they believe the website isn’t accessible, they now need to show exactly how the website fails to meet accessibility standards and how it impacts them personally.

This shift means that many cases that might have been filed in the past are now getting dismissed or not even making it to court.

Judges Now Demand More Detailed Claims

The increase in judicial scrutiny is not just about being picky. It’s about ensuring that cases have a solid foundation before they proceed. Judges are looking for detailed claims that clearly outline how a website fails to comply with accessibility guidelines. They want to see specific examples and evidence showing how the lack of accessibility affects users.

This higher bar for evidence means that plaintiffs and their legal teams need to do more homework before taking a case to court. It’s not enough to say a website is inaccessible; they need to provide a thorough analysis and proof of their claims.

Recent Defense Victories Prompt Shifts to State Courts

Another factor contributing to the decrease in federal web accessibility lawsuits is recent victories by defense teams in federal ADA claims. Businesses that have successfully defended themselves against these lawsuits have shown that it’s possible to win these cases if you have a solid defense strategy.

As a result, some plaintiffs’ firms are shifting their focus from federal to state courts. State courts can have different rules and may offer a more favorable environment for plaintiffs, depending on the jurisdiction. This shift impacts the volume of federal filings, as more cases are being heard at the state level instead.

The Impact on Filing Volumes

With more cases moving to state courts and the increased difficulty of winning in federal court, the overall number of federal web accessibility lawsuits has decreased. Businesses that have been targeted in the past might find themselves facing fewer federal lawsuits, but this doesn’t mean they should let their guard down.

It’s important to note that while federal cases might be dropping, the need for web accessibility remains just as crucial. Whether the lawsuits are happening in federal or state courts, ensuring your website is accessible is key to avoiding legal issues and serving all potential customers.

Practical Steps to Improve Web Accessibility

If you’re concerned about web accessibility, here are some practical steps you can take:
1. Audit Your Website: Conduct an accessibility audit to identify any issues. You can use tools like WAVE or Lighthouse to help with this.
2. Follow Accessibility Best Practices: Familiarize yourself with the Web Content Accessibility Guidelines (WCAG) and make it a goal to achieve these standards.
3. Update Regularly: Web accessibility isn’t a one-time fix. Regularly update your website to address any new issues that arise.
4. Consult Professionals: If you’re unsure where to start, consider consulting with web accessibility experts like 216digital, who can provide guidance and support.
5. Educate Your Team: Ensure that your team understands the importance of web accessibility and is trained to implement best practices.
Stay Compliant with 216digital

As the landscape of federal web accessibility lawsuits evolves, it’s clear that staying ahead of the curve is crucial. While the decrease in lawsuits in 2024 signals a shift, web accessibility remains a vital concern for all businesses. By staying informed and proactively enhancing your website, you not only protect your business but also ensure that your site is accessible to everyone.

At 216digital, we’re here to guide you every step of the way. No matter where you are on your accessibility journey, our ADA experts can help you develop a strategy to seamlessly integrate WCAG 2.1 compliance into your development roadmap. Ready to take the next step? Schedule a complimentary ADA strategy briefing with us today to discover how we can support you in achieving ongoing, real-world accessibility tailored to your needs.
Greg McNeil

August 13, 2024

Legal Compliance

ADA Lawsuits, ADA non-compliance, digital accessibility, Web Accessibility, web accessibility lawsuits, Website Accessibility
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

What Are ADA Settlements and Why Do They Matter?

The Real Costs of ADA Settlements

The Technical vs. Practical Accessibility Approach

Technical Approach

Practical Approach

How to Identify High-Risk Accessibility Issues

Real-World ADA Settlement Outcomes

1. Small Retailer Settles for $15K + Fixes

2. Nonprofit Faces Multiple Complaints

3. Enterprise Brand Chooses Full Compliance

How to Strengthen Accessibility and Reduce Legal Risk

Get Grounded in WCAG

Run an Audit—Then Act

Train the Right Teams

Monitor Continuously

Stay Adaptive

Final Thoughts: Don’t Wait for a Lawsuit

What Does “Moot” Mean in ADA Lawsuits?

How This Applies to ADA Lawsuits

What Factors Decide If a Case Is Moot?

When You Fix the Problem Matters

Proof That the Fix Is Permanent

Ongoing Accessibility Efforts Matter

Does Fixing Accessibility Issues Make the Lawsuit Go Away?

When Could the Case Be Dismissed?

Why Proving Mootness Can Be Hard

The Business Bears the Burden of Proof

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

Diaz v. Kroger

Haynes v. Hooters

What Businesses Should Do to Avoid Lawsuits

Stay Ahead of the Game with Accessibility Audits

Develop an Accessibility Plan

Document Everything

Team Up with 216digital to Stay ADA-Compliant

The Americans with Disabilities Act (ADA)

Who Needs to Follow ADA-Compliance?

ADA Compliance Fines and Penalties

Fines for Non-Compliance

Common ADA Violations

Lawsuits and Legal Actions

Government-Initiated ADA Lawsuits

Private ADA Lawsuits

Costs Beyond Fines

Practical Tips to Stay ADA-Compliant

Conclusion: Start Your ADA-Compliance Journey Now

1. Growing Awareness of Accessibility Rights

2. The Rapid Expansion of Digital Technologies

3. Legal Precedents and Heightened Enforcement Trends

4. The Impact of Accessibility Testing Tools

5. The Demand for Proactive Accessibility Compliance

The Time to Act on Accessibility Is Now

The Rise and Shift of ADA Lawsuits for Websites

Geographic Hotspots

Widgets and Overlays Don’t Cut It

Why Do Overlays Fail?

The Growing Challenge of Repeat Lawsuits

Why E-Commerce Websites Were the Hardest Hit

What You Can Do to Avoid ADA Lawsuits

Accessibility: A Legal Requirement and a Moral Choice

Accessibility Lawsuits Are Shifting to State Courts

New York Is at the Center of the Action

Copycat Lawsuits Are a Growing Threat

Small Businesses Are in the Spotlight

Accessibility Widgets: Not the Quick Fix You Think They Are

What You Can Do in 2025

Immediate Actions

Conduct a WCAG 2.2 Audit

Train Your Team

Long-Term Strategies

Build Accessibility Into Your Workflow

Partner With Experts

Conclusion

The Rise of ADA Lawsuits Against Restaurant Websites

What is the ADA?

The ADA’s Impact of Online Interactions

The Growing Trend of Lawsuits

Why Are Restaurants Being Targeted for ADA Lawsuits?

High Online Traffic

Common Accessibility Issues