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  • ADA Lawsuits: Can You Be Sued Again During Remediation?

    When a business gets pulled into ADA lawsuits over its website, the first instinct is usually simple: “Fix it, fast.” Very quickly, though, another question creeps in:

    If we’re already working on remediation, can we still be sued again?

    The uncomfortable answer is yes. Separate people—or advocacy groups—can still bring their own claims while you’re actively fixing issues. The ADA is a public civil rights law, and it doesn’t include a universal “grace period” that pauses legal exposure once remediation begins.

    That can feel discouraging, especially when your team is putting in real effort and genuinely wants to do the right thing. But this isn’t about punishing good intentions. At its core, the law is about access—whether people with disabilities can truly use your site to browse, book, buy, and get support without barriers.

    The good news is that you’re not stuck. Once you understand how courts look at “remediation in progress,” you can make clearer decisions, reduce risk, and turn a stressful situation into a structured, manageable plan.

    This article is for informational purposes only and is not legal advice. Always work with qualified legal counsel on your specific situation.

    Now, let’s take a quick step back and look at how the ADA applies to websites in the first place—because that context matters when you’re facing ongoing legal pressure.

    ADA, Websites, & Why Compliance Isn’t a One-Time Box To Check

    Before diving further into repeat claims, it helps to ground the conversation in how the law actually views digital experiences.

    Quick Refresher: ADA And Digital Spaces

    Under ADA Title III (and sometimes Title II), many businesses qualify as “places of public accommodation.” Today, websites and apps serve as the digital front door to those spaces.

    When a website’s design prevents a person with a disability from completing basic tasks—such as checking out, booking a service, logging in, or accessing essential information—the law treats that breakdown as a genuine access barrier. Courts and the U.S. Department of Justice have repeatedly compared inaccessible websites to physical locations with no ramp or blocked entrances.

    The Practical Standard: WCAG As The Benchmark

    The ADA itself does not spell out one specific technical standard for web accessibility. In practice, Web Content Accessibility Guidelines (WCAG) —most often WCAG 2.1 Level AA—has become the widely accepted benchmark.

    When teams say a site is “compliant,” they’re typically referring to two things:

    • The site substantially aligns with WCAG, and
    • Users can complete core journeys—searching, browsing, signing in, purchasing, contacting support, and accessing their accounts—without major barriers.

    Why Websites Are Vulnerable To Repeated Claims

    Here’s where things get especially tricky: websites are never truly “finished.”

    Marketing launches new campaigns. Developers add plugins and redesign layouts. Content teams upload images, PDFs, and promotional banners. Each update creates a fresh opportunity for accessibility gaps, even after earlier fixes.

    A missing alt tag here, a mislabeled button there, a keyboard trap inside a modal—small changes can quietly reopen doors that had just been closed. This constant movement explains why multiple people can run into similar problems over time.

    With that backdrop, we can return to the central concern: what actually happens when you’re already fixing your site and a new legal claim lands anyway?

    Can You Face New ADA Lawsuits While You’re Fixing Things?

    This is the question that keeps most teams up at night—and unfortunately, the answer isn’t as comforting as anyone would like.

    There’s No Automatic “Grace Period”

    Legally speaking, there’s no built-in pause button. Courts focus on what happened when a specific person tried to use your site.

    If that individual encountered meaningful barriers at that moment, the fact that your team is actively making improvements doesn’t erase their experience. From the court’s perspective, access is evaluated in real time.

    Multiple Plaintiffs, Overlapping Issues

    Each person with a disability has their own potential claim. If one blind user files a lawsuit over an inaccessible checkout, that doesn’t automatically prevent another blind user—or a user with a different disability—from bringing a similar claim later.

    Likewise, settling with one plaintiff does not “cover” everyone else. Unless the settlement takes the form of a formal court order with clearly defined terms, other parties can still assert their own rights if they encounter the same barriers.

    Different Types Of Pressure At Once

    In practice, this often shows up as a mix of:

    • Informal demand letters,
    • Formal lawsuits filed in court, and
    • Occasional regulatory attention or guidance from agencies like the DOJ.

    Dealing with all of this at once is one of the reasons a structured, documented remediation plan is far more effective than scattered one-off fixes.

    Haynes v. Hooters

    This case shows why “we’re working on it” doesn’t automatically stop new claims. Hooters had already settled a prior ADA website case and agreed to make its site accessible. When a different blind plaintiff later sued over similar barriers, Hooters argued that the new case was moot because of that earlier settlement and its remediation plans.

    The Eleventh Circuit disagreed and allowed the new case to move forward. The court explained that promises made to someone else—and plans for future fixes—did not guarantee accessibility for this new plaintiff or long-term compliance.

    In practical terms, remediation helps, but it isn’t a shield on its own if barriers still exist.

    At this point, the natural follow-up question is: if remediation doesn’t automatically block claims, why does it still matter so much?

    What Courts And Opposing Counsel Actually Look At

    When the legal arguments fade into the background, most cases come down to a few very practical questions.

    Two Moments That Matter Most

    Courts tend to focus on two key points in time:

    • When the plaintiff attempted to use your site, and
    • The condition of the site at the time the court reviews the case.

    If barriers existed at the time of the visit, liability may still exist for that experience—even if fixes came later. Once teams fully resolve those exact barriers, some claims may become “moot,” but that outcome does not undo the time, cost, and disruption earlier ADA lawsuits created.

    When Remediation Can Strengthen Your Position

    In Diaz v. The Kroger Co., the court dismissed the case after Kroger demonstrated that:

    • All specific barriers named in the complaint had been fixed, and
    • The website now conforms to WCAG 2.0 AA, the standard cited in that lawsuit.

    The lesson here is simple: to argue mootness successfully, you need more than a promise. You need proof that the barriers are gone and that controls exist to keep them from coming back.

    Patterns Vs. Isolated Mistakes

    Courts and plaintiffs don’t just look for one broken button. They look for patterns. Are similar problems scattered across numerous pages? Is there any sign of training, audits, or an accessibility policy?

    A site with a few lingering issues and a visible program in place looks very different from a site where accessibility has never been part of the process.

    Documentation As Protection

    Process matters. Documentation that often proves useful includes:

    • Date-stamped audit reports and issue lists,
    • Prioritized remediation roadmaps,
    • Tickets, pull requests, and QA sign-offs tied to accessibility work,
    • Notes from manual testing and assistive technology sessions.

    None of this guarantees a win, but it gives your legal team something concrete to stand on.

    From here, the focus shifts to what courts often refer to as “good-faith effort,” and what that looks like in the real world.

    What “Good-Faith Effort” Looks Like In Practice

    Good faith isn’t just a statement—it’s visible through consistent action.

    Start With A Full, Expert-Led Audit

    Rather than chasing bugs at random, it’s far more effective to begin with a thorough accessibility audit aligned to WCAG 2.1 AA or higher. That audit should evaluate:

    • Core templates and layouts,
    • Checkout, booking, and account flows,
    • Forms, navigation, and interactive components,
    • Third-party tools used in key user journeys.

    Automated tools can help surface issues, but they don’t tell the whole story. Manual testing with keyboard navigation and screen readers is essential.

    Prioritize The Issues That Truly Block Users

    Once issues are identified, triage becomes critical. Blocking problems should come first, including:

    • Navigation that can’t be operated with a keyboard,
    • Buttons and icons with no accessible name,
    • Forms without usable labels and error messages,
    • Components that trap focus.

    Fixing these first doesn’t just help legally—it immediately improves day-to-day usability.

    Build A Realistic Remediation Roadmap

    Strong remediation doesn’t happen in chaos. It usually happens in phases:

    • 1: Critical path fixes,
    • 2: Broader WCAG alignment,
    • 3: Long-term safeguards in design systems and QA workflows.

    A roadmap like this keeps teams aligned and gives leadership and counsel clarity on progress.

    Communicate With Users—Carefully And Honestly

    Many organizations choose to publish an accessibility statement during remediation. When handled well, it can:

    • Acknowledge ongoing improvements,
    • Invite users to report issues, and
    • Provide support channels for assistance.

    This should always be coordinated with legal counsel, but it clearly signals that accessibility is being taken seriously.

    At this point, the technical work is underway. Now the focus shifts to how that work connects with legal strategy.

    Navigating ADA Lawsuits While Improving Your Website

    Accessibility remediation works best when legal and technical teams are aligned.

    Keep Legal Counsel Closely Involved

    Sharing your audit findings and remediation plans allows attorneys to:

    • Respond more effectively if new ADA lawsuits or demand letters arrive.
    • Decide when to highlight remediation progress.
    • Assess whether tools like consent decrees are appropriate.

    Handling Communications With Plaintiffs’ Attorneys

    If another letter arrives mid-remediation, it’s important not to ignore it—or respond emotionally. Instead, work through counsel to acknowledge the concerns, share progress when helpful, and prioritize any legitimate issues that are identified.

    Avoid Moves That Look Like Avoidance

    Fast platform swaps, taking large parts of the site offline, or making bold public promises without proof can backfire. These moves often frustrate users and may not hold up in court if barriers reappear once the site returns.

    Even with careful planning, a few common mistakes can keep organizations stuck in a cycle of repeat claims.

    Common Missteps That Invite Repeat Claims

    Many organizations facing ADA lawsuits don’t fail because they don’t care—they fail because they rely on shortcuts.

    Relying Only On “Quick-Fix” Tools

    Overlay tools and widgets often sound appealing under pressure, but they typically do not correct underlying code issues and can conflict with assistive technologies.

    Treating Accessibility As An Afterthought

    Holiday campaigns, product launches, and page redesigns are frequent sources of regressions when accessibility checks are skipped under tight timelines.

    Ignoring Content And Third-Party Risk

    Images without alt text, untagged PDFs, and third-party widgets all introduce new exposure if left unmanaged.

    These issues point toward the need for a longer-term approach, not just a one-time cleanup.

    Turning Remediation Into A Long-Term Accessibility Program

    Once early fires are under control, the focus shifts to sustainability.

    Accessible design systems, standardized testing processes, team training, and ongoing monitoring all help prevent regressions. Building accessibility directly into your site—rather than adding it only after complaints—significantly reduces your risk of future ADA lawsuits.

    At that point, accessibility stops being a crisis response and becomes part of responsible digital operations.

    Moving Forward Without the Constant “What If”

    It can be frustrating to learn that more than one of these ADA lawsuits can land even while you’re actively fixing your site. But that doesn’t mean you’re doomed to keep reliving the same cycle. When accessibility becomes part of how you design, build, and maintain your digital experiences—not just something you scramble to address when a letter arrives—the entire situation starts to change.

    The real shift is from reacting to planning. Instead of asking, “How do we get through this one case?” you begin asking, “How do we make accessibility a normal, manageable part of how we operate?” That mindset, backed by real remediation, documentation, and monitoring, is what gives you a steadier footing—for your users and in any future legal conversations.

    If you’re unsure where you stand or what to prioritize next, this is exactly where 216digital can help. We’re a web development agency with deep expertise in web accessibility, and we offer personalized ADA briefings designed to help small businesses understand their obligations, assess their exposure, and chart a practical path forward.

    Greg McNeil

    November 19, 2025
    Legal Compliance
    ADA Compliance, ADA Lawsuit, ADA Lawsuits, ADA non-compliance, Web Accessibility, Website Accessibility
  • 2024 Mid-Year Report ADA Lawsuits Trends

    2024 Mid-Year Report ADA Lawsuits Trends

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

    Trends in 2024 for ADA Lawsuits

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

    Decrease in Overall ADA Lawsuit Numbers

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

    Impact of Recent Defense Victories

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

    Small Companies Are in the Crosshairs

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

    The Rise of eCommerce and ADA Violations

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

    Overlays Could Make You a Target Now More Than Ever

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

    Common Problems with Widgets

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

    Evolving Legal Standards

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

    Potential Changes to ADA Title III

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

    Increased DOJ Enforcement

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

    The Importance of Staying Informed

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

    How to Protect Your Online Business

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

    1. Conduct an Accessibility Audit

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

    2. Implement Accessibility Improvements

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

    3. Train Your Team

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

    4. Monitor and Maintain Accessibility

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

    5. Seek Legal Guidance if Needed

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

    Conclusion

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

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

    Greg McNeil

    August 19, 2024
    Legal Compliance
    ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
  • Why Are Federal Web Accessibility Lawsuits Dipping in 2024?

    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
  • Why Screen Overlays Can Harm Your Website and Business

    Why Screen Overlays Can Harm Your Website and Business

    In today’s digital world, having a website that’s accessible to everyone is not just a nice-to-have; it’s essential. As a business owner, you want to ensure your website is user-friendly for all potential customers. However, when it comes to web accessibility, there’s a common misconception that screen overlays are a quick fix. Unfortunately, these overlays can create more problems than they solve. In this article, we’ll explore why screen overlays can actually hinder users with visual impairments and how they can put your business at risk for an ADA lawsuit.

    What Are Screen Overlays?

    Screen overlays are tools that can be added to a website to provide accessibility features. These overlays are designed to make a website more usable for people with disabilities by adding features like text-to-speech, color contrast adjustments, and font size changes. While the intention behind these tools is good, their effectiveness and actual impact are often questionable.

    Why Screen Overlays Can Be Problematic

    1. They Can Create More Barriers

    Screen overlays might seem like a helpful solution, but they often end up complicating things. For individuals who rely on assistive technologies such as screen readers, overlays can interfere with how these tools work. Screen readers, for instance, may not interact well with overlays, making it harder for users to navigate the site. Instead of enhancing accessibility, overlays might add another layer of complexity that can make it more difficult for disabled users to access the information they need.

    2. They Can Conflict with Existing Accessibility Features

    Many websites already incorporate accessibility features that follow the Web Content Accessibility Guidelines (WCAG). These features are carefully designed to work together to provide a seamless experience for all users. When you add a screen overlay, it can conflict with these existing features, creating inconsistencies that can confuse users. This is especially problematic for people who rely on keyboard navigation or voice commands.

    3. They May Not Address the Root Issues

    Screen overlays often tackle symptoms rather than the root causes of accessibility issues. For example, if your website has poor color contrast or inaccessible navigation, an overlay might offer temporary solutions like color adjustments. However, these adjustments might not fully resolve the underlying problems, leaving users with disabilities facing ongoing challenges. The real solution lies in making the website itself more accessible through proper design and development practices.

    Impact on Your Business: ADA Lawsuits and Legal Risks

    Increased Risk of ADA Lawsuits

    The Americans with Disabilities Act (ADA) requires businesses to make their websites accessible to people with disabilities. If a website is not accessible, it can be subject to legal action. There has been a significant increase in ADA lawsuits targeting websites. Many of these lawsuits are filed because businesses use screen overlays that fail to genuinely improve accessibility.

    Websites relying on screen overlays are often scrutinized in legal cases. Courts and advocacy groups are increasingly aware that these overlays do not always meet ADA requirements. As a result, businesses using screen overlays could find themselves in legal trouble, facing expensive lawsuits and the potential need for significant site redesigns.

    Reputational Damage

    Beyond legal risks, using screen overlays can damage your brand’s reputation. Customers who encounter accessibility issues on your website may feel excluded or undervalued, which can hurt your business’s image. In the digital age, word spreads quickly, and negative experiences can lead to unfavorable reviews and a tarnished reputation. Investing in true accessibility improvements not only helps you avoid legal trouble but also shows that you care about all of your customers.

    Lessons from Recent News

    A recent New York Times article, For Blind Internet Users, the Fix Can Be Worse Than the Flaws, highlights the growing concern around the effectiveness of AI-based accessibility tools, including screen overlays. The article reveals that while these tools are marketed as solutions, they often fall short of providing real accessibility improvements. The focus has shifted towards creating genuinely accessible websites from the ground up rather than relying on add-ons that may not address the fundamental issues.

    The article underscores a key point: businesses should focus on building websites that are inherently accessible, rather than relying on tools that might offer only partial solutions. This approach aligns better with ADA compliance and ensures that your website meets the needs of all users.

    Best Practices for True Web Accessibility

    1. Follow Web Content Accessibility Guidelines (WCAG)

    The best way to ensure your website is accessible is to follow WCAG. These guidelines provide a comprehensive framework for making web content accessible to people with disabilities. They cover areas such as text alternatives for images, keyboard accessibility, and clear navigation. By adhering to these guidelines, you create a website that is genuinely accessible to all users.

    2. Conduct Regular Accessibility Audits

    Regular accessibility audits can help identify and address potential issues before they become major problems. These audits involve evaluating your website’s design and functionality to ensure it meets accessibility standards. Professional audits can provide valuable insights and recommendations for improvements, and working with accessibility specialists like 216digital can give insight on the ADA requirements to avoid potential legal issues.

    3. Invest in Inclusive Design from the Start

    Incorporating accessibility into your website’s design from the beginning is the most effective approach. This involves considering the needs of users with disabilities during the design and development phases. By prioritizing accessibility from the start, you create a more inclusive experience for all users and reduce the risk of legal challenges.

    Stay Web Accessible with 216digital

    Screen overlays might seem like a convenient solution for improving web accessibility, but they often fall short of providing meaningful benefits. Instead, they can create additional barriers for users with disabilities and increase your risk of facing an ADA lawsuit. To ensure your website is genuinely accessible, focus on following established guidelines, conducting regular audits, and investing in inclusive design from the start.

    By taking these steps, you will demonstrate your commitment to providing an inclusive and user-friendly experience for all visitors. In the long run, this approach will help you avoid legal troubles, protect your reputation, and create a better online environment for everyone.

    Ready to get started? At 216digital, our expert team can assist you in developing a strategy to make this journey of WCAG 2.1 compliance as smooth as possible. Contact us today to schedule a complementary ADA Strategy Briefing so that you can confidently take this next step into digital accessibility.

    Greg McNeil

    August 5, 2024
    Legal Compliance
    ADA non-compliance, Overlay, Overlay widgets, screen overlays, Web Accessibility, Website Accessibility
  • The True Cost of ADA Lawsuits: More Than Just Settlements

    The True Cost of ADA Lawsuits: More Than Just Settlements

    As a business owner with an online presence, you’re likely familiar with the importance of keeping up with legal requirements and ensuring your website meets certain standards. However, one area that might not be on your radar but deserves serious attention is web accessibility and the potential for ADA lawsuits.

    Understanding Web Accessibility

    Web accessibility refers to the practice of ensuring that websites and web applications are usable by everyone, including people with disabilities. This includes making content perceivable, operable, understandable, and robust for all users, regardless of their abilities or disabilities.

    The Americans with Disabilities Act (ADA) was enacted in 1990 to prohibit discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and public and private places that are open to the general public. Over the years, courts have extended ADA requirements to include websites and digital platforms, considering them as places of public accommodation.

    The Rise of ADA Lawsuits

    In recent years, there has been a significant increase in lawsuits against businesses alleging that their websites are not accessible to individuals with disabilities. These lawsuits typically cite violations of the ADA, claiming that inaccessible websites prevent full and equal access to goods and services.

    The cost implications of these lawsuits are often underestimated by businesses. While the immediate financial impact of a settlement can be substantial, the true costs extend far beyond just the monetary figure agreed upon.

    Direct Costs: Settlements and Legal Fees

    Let’s start with the obvious: the direct costs. When a business is sued for ADA non-compliance, the most immediate expense is usually the settlement paid to the plaintiff. Settlement amounts can vary widely but often range from several thousand to tens of thousands of dollars. In addition to the settlement, businesses often incur significant legal fees defending against these lawsuits, which can escalate quickly depending on the complexity and duration of the case.

    Indirect Costs: Reputational Damage and Lost Opportunities

    Beyond the financial impact, ADA lawsuits can also have indirect costs that are harder to quantify but equally damaging. One such cost is reputational damage. In today’s digital age, news of an ADA lawsuit can spread quickly through social media and online platforms, potentially tarnishing a business’s reputation and undermining customer trust. For businesses that pride themselves on inclusivity and fairness, being embroiled in an accessibility lawsuit can contradict their values and negatively impact their brand perception.

    Moreover, while dealing with a lawsuit, businesses may lose focus on core activities and strategic initiatives. The time and resources spent on legal proceedings could otherwise be invested in improving products and services, expanding market reach, or enhancing customer experiences.

    Long-Term Costs: Compliance and Accessibility Upgrades

    Perhaps the most overlooked aspect of ADA lawsuits is the long-term cost of achieving compliance and maintaining accessibility. Achieving ADA compliance involves not just fixing issues highlighted in the lawsuit but implementing a comprehensive accessibility strategy that ensures ongoing compliance with evolving standards.

    This may include redesigning website elements, restructuring content, integrating assistive technologies, and training staff to create and maintain accessible digital content. These efforts require investments in time, technology, and expertise, all of which contribute to the total cost of addressing accessibility concerns raised by an ADA lawsuit.

    The ROI of Web Accessibility

    Despite the daunting costs associated with ADA lawsuits, there is a compelling case for investing in web accessibility beyond mere compliance. Research indicates that accessible websites tend to have better usability for all users, resulting in improved user experience, increased engagement, and potentially higher conversion rates. Moreover, catering to a broader audience can open up new market opportunities and enhance customer loyalty.

    Taking Action: Protecting Your Business

    As a website owner, protecting your business from ADA lawsuits begins with understanding and prioritizing web accessibility. Here are some proactive steps you can take:

    1. Conduct an Accessibility Audit: Start by assessing your website’s current level of accessibility. Identify areas that need improvement and prioritize fixes based on their impact on usability and compliance.
    2. Implement Accessibility Best Practices: Familiarize yourself with web accessibility guidelines such as the Web Content Accessibility Guidelines (WCAG). Implementing these best practices not only helps in compliance but also improves usability for all users.
    3. Train Your Team: Educate your content creators, designers, and developers about accessibility standards and best practices. Encourage a culture of accessibility within your organization to ensure that accessibility considerations are integrated into all aspects of your digital presence.
    4. Monitor and Maintain Accessibility: Accessibility is not a one-time fix but an ongoing commitment. Regularly monitor your website for accessibility issues and address them promptly. Keep abreast of changes in accessibility standards and technology to stay ahead of potential compliance issues.
    5. Consult with Experts: If you’re unsure where to start or need guidance, consider consulting with accessibility experts or hiring professionals who specialize in web accessibility audits and remediation.

    Conclusion

    Navigating the complexities of ADA compliance and web accessibility can seem daunting, but you don’t have to go it alone. The financial and operational impacts of ADA lawsuits can be far-reaching, from legal fees to reputational damage, and the ongoing investment in accessibility upgrades. By proactively integrating web accessibility into your business strategy, you not only mitigate the risk of costly lawsuits but also enhance the overall user experience and showcase your commitment to inclusivity.
    At 216digital, we’re here to help you navigate these challenges with ease. Schedule a complimentary ADA strategy briefing with us to gain valuable insights and practical solutions tailored to your needs. Let us help you turn accessibility into a strategic advantage, ensuring that your digital presence is inclusive, innovative, and poised for success.

    Greg McNeil

    July 17, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA Lawsuits, ADA non-compliance, ADA Website Compliance
  • Navigating Digital Accessibility Regulation in 2024

    Navigating Digital Accessibility Regulation in 2024

    Significant changes in digital accessibility legislation took place in 2023 that will significantly affect how businesses operate online in 2024. Accessibility has become a central focus in the United States Department of Justice, state legislatures, and even in Europe. These changes will have implications for businesses going forward, and it is essential for them to remain informed, assess their current status, and comply with the latest regulations. 

    To help you stay updated on these developments, we have created this blog post to assist you in keeping track of everything in the digital accessibility space.

    ADA Digital Accessibility at the Federal Level in the US

    In August 2023, the Department of Justice shared a Notice of Proposed Rulemaking (NPRM) about digital accessibility that’s been getting a lot of attention. This NPRM proposes a specific technical standard that state and local governments must follow to meet their existing obligations under Title II of the ADA.

    Key points from the NPRM proposals include:

    WCAG 2.1 AA

    The proposal suggests using WCAG Version 2.1, Level AA, as the rules for making websites and mobile apps easier to navigate. WCAG stands for Web Content Accessibility Guidelines, and it was created to help make the Internet more accessible for everyone.

    Websites and Mobile Apps

    These rules would apply to the websites and mobile apps that state and local governments use to share information or provide services to the public. For instance, if a local government lets people pay for parking using a mobile app, that app would need to follow these rules to make sure it’s easy for everyone to use.

    Compliance Timeline

    The DOJ also suggests that state and local governments follow these technical standards within two or three years after the final rule is published, depending on their population size. Smaller public entities, with populations under 50,000 people, would have three years to comply. In contrast, larger ones, with populations of 50,000 or more, would have two years to meet the standard.

    Additional details are available in the NPRM‘s “Requirements by Entity Size” section.

    State-led Legislation for Digital Accessibility 

    While federal regulations set a baseline, several states are proactively addressing digital accessibility within their own jurisdictions. Let’s look at some notable examples:

    California Assembly Bill 1757

    California has introduced Assembly Bill 1757. This bill aims to make it illegal for any provider of online resources to create, license, distribute, or maintain an internet website for public use that does not meet the accessibility standards outlined in the [WCAG 2.1 Level AA]. 

    If this bill becomes law, it may have an impact on business activities within the state, as well as have personal consequences for individual web developers. Developers may find themselves facing lawsuits from both businesses and individuals with disabilities. The recent changes to the bill eliminate the possibility of developers claiming ignorance, as the responsibility threshold has shifted from “knowingly or intentionally to include “negligently” engaged in constructing an inaccessible website. Furthermore, the updated wording prevents developers from shifting liability to the companies that hired them. 

    AB 1757 is currently under consideration by the Senate Judiciary Committee, and there is heightened attention on whether it will progress into law. All eyes are on this legislation, anticipating its potential implications.

    Rhode Island Bills 2023 H-5106 and S-0105

    Senators Ujifusa and Representative Vella-Wilkinson are focused on the DOJ’s NPRM proposal. They’ve put forward two bills in Rhode Island: 2023 H-5106 (PDF) and 2023 S-0105 (PDF). These bills aim to make sure that all new websites available to the public follow the ADA’s digital accessibility rules before they go live. On the other hand, existing public websites have until July 1, 2028, to meet WCAG 2.1 AA standards.

    The Minnesota House Bill HF-480

    Minnesota has proposed Bill HF-480, aiming to allocate funds to the Minnesota Council on Disabilities. The goal is to offer training, aid, and assistance to cities and counties, helping them meet the required standards for website accessibility. Additionally, the bill proposes an annual report detailing the figures related to website accessibility training, technical support, and outreach. It also includes estimates of the costs involved in implementing recommended changes to the websites of cities and counties.

    Rhode Island’s Digital Accessibility and Equity Governance Board

    Governor Healey of Massachusetts is following in the footsteps of Rhode Island and Minnesota by taking a proactive stance on digital accessibility. She recently signed an Executive Order creating the Digital Accessibility and Equity Governance Board. The board’s goal is to make sure that all digital applications are fully functional and accessible to everyone.

    The board will establish and maintain standards, guidelines, and policies for digital accessibility and equity. It will also collaborate with other executive branch offices and agencies to develop procurement policies, contractual standards, and other relevant documents that support digital accessibility efforts.

    Hawaii’s HB1419 Bill

    On January 1, 2023, Hawaii’s Bill HF-480 brought in the “Hawaii Electronic Information Technology Disability Access Standards” to make digital content more accessible. As of July 1, 2023, all state organizations must check these access standards and update their rules, policies, and procedures for getting and creating digital content.

    Kansas Takes a Different Approach

    While some states are becoming stricter about digital accessibility, Kansas is making headlines with a unique law. As of July 1, 2023, The Act Against Abusive Website Access Litigation allows local businesses to take legal action against individuals and their lawyers who file lawsuits about website accessibility under the ADA. 

    The purpose is to counter what is considered “abusive” litigation and seek compensation for defense costs and even punitive damages. Lawsuits can be filed in any jurisdiction. However, this Kansas law will only be in effect until the Department of Justice issues regulations on website accessibility under Title III of the ADA.

    The European Accessibility Act

    Looking beyond the US, the European Accessibility Act (EAA) is set to bring about substantial changes. With a looming deadline of June 28, 2025, the act aims to improve the accessibility of products and services. This includes public and private websites and mobile applications, including US-based companies selling to the EU sector. 

    Before the EAA, different accessibility rules existed throughout EU member states, making it difficult for digital product vendors and purchasers. The EAA has standardized accessibility requirements, making it easier for everyone involved. 

    But suppose you are an online business selling to the EU sector. In that case, it is crucial to make sure that your practices comply with the European Accessibility Act before the deadline arrives.

    Implications for Online Businesses

    Staying informed about digital accessibility legislation is essential for online businesses aiming to foster inclusivity and avoid legal challenges. The 2023 announcements at both federal and state levels in the US and the impending deadline in the EU underscore the global importance of ADA compliance. 

    Businesses should closely monitor updates, assess their current digital accessibility status, and take steps to align with the latest regulations. By doing so, they not only mitigate legal risks but also contribute to a more accessible and inclusive online environment.

    Preparing for the Future with 216digital

    Regardless of where you are on your journey, we’re here to help. At 216digital, we can assist you in developing a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms. Our expert team will assess your website, provide recommendations, and implement the necessary adjustments to make sure your website meets the latest accessibility standards.
    Contact us today to schedule a complementary ADA Strategy Briefing so that you can confidently embrace the future of digital accessibility.

    Greg McNeil

    February 27, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, digital accessibility, Website Accessibility
  • Web Accessibility: The Wayfair Example

    Web Accessibility: The Wayfair Example

    Wayfair, one of the internet’s leading home goods and furniture retailers, was hit with another class action lawsuit in June. The lawsuit alleged that the company’s website was not accessible to legally blind customers.

    In this legal action, Seana Cromitie, a visually impaired woman, claimed that she encountered accessibility issues while attempting to purchase a shoe rack from Wayfair’s website. These issues, she argued, denied her the same level of access to Wayfair’s online products, content, and services as sighted customers.

    Cromitie’s lawsuit is part of a growing wave of web accessibility litigation filed under the Americans with Disabilities Act (ADA). But what can business owners learn from Wayfair’s recent allegations and the dangers of ignoring web accessibility?

    Below, we’ll discuss the plaintiff’s claims, providing tips for avoiding and responding to ADA demands. 

    The Americans with Disabilities Act

    The Americans with Disabilities Act (ADA) is a civil law designed to protect 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, whether they’re owned by government agencies or private businesses.

    In July 2023, the Department of Justice (DOJ) suggested a new rule to ensure that online services provided by state and local governments become more accessible under Title II of the ADA. Although Title III, pertaining to privately owned businesses, has yet to see changes, the DOJ published guidance in 2022 confirming its position that the ADA does apply to websites, stating:

    “…the Department has consistently taken the position that the ADA’s requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web.”– US Department of Justice | Guidance on Web Accessibility and the ADA (2022)

    – US Department of Justice | Guidance on Web Accessibility and the ADA (2022)

    Failure to do so can result in legal action, as Wayfair’s recent case demonstrates. But what are the legal standards for ADA compliance?

    For an in-depth look at the proposed changes to Title II of the ADA, check out our article “The ADA’s New Shift Towards Web Accessibility”

    Title III and WCAG

    Due to the DOJ’s delay in releasing technical standards for web accessibility, confusion has emerged among businesses and website owners about what is required for ADA compliance. 

    As a result, the DOJ often refers to the Web Content Accessibility Guidelines (WCAG) as the standard for ADA web compliance. The DOJ has even joined lawsuits against businesses and organizations that have failed to meet the WCAG standards.

    However, Title III of the ADA has no legal standard for web accessibility— even achieving WCAG 2.1 AA conformance does not fully protect you from lawsuits. 

    So, how can businesses close the door to potential litigation? Let’s take another look at Wayfair’s June court case.

    Background to the Wayfair’s 2023 ADA Case

    The plaintiff, Seana Cromitie, asserts that Wayfair’s website falls under the definition of a public accommodation in Title III of the ADA. Therefore, it is considered discriminatory and illegal to deny people with disabilities access to the same products and services offered to others.

    The 2023 court case centers on issues that made Wayfair’s website challenging for screen reader users. Screen readers are essential tools for users with visual impairments, as they provide an auditory interpretation of the website’s content. However, Wayfair’s website lacked the necessary features to accommodate these users.

    Wayfair’s Web Accessibility Barriers

    The class action complaint cites several specific issues with Wayfair’s website. These key issues include:

    • Missing alternative text (or alt text): Alt text is vital for users to understand what an image looks like and its function on a website. Wayfair’s website had numerous images without meaningful alt-text, making them incomprehensible to visually impaired visitors.
    • Incorrectly Formatted Lists: Screen readers rely on well-structured lists for proper navigation. When the lists aren’t correctly formatted, the screen readers might read items in the wrong order or convey the list incorrectly, making it challenging for users to understand the content and move around the site.
    • Unannounced Pop-ups: Pop-up windows on the website without proper announcements caused confusion for screen reader users, hindering their navigation and comprehension.
    • Broken and “empty” hyperlinks: Broken links can disrupt the user’s experience by not explaining where the link or image will lead. This can frustrate users and make accessing various parts of the website challenging.
    • Missing Keyboard Navigations:  Requiring a mouse for specific actions creates barriers for people with motor impairments or those who rely on keyboards or other assistive tools.

    Unfortunately, these barriers are widespread, leaving millions of businesses unknowingly open to frivolous lawsuits. 

    Common Web Accessibility Barriers

    In their annual analysis of the top 1 million website home pages, WebAIM (Web Accessibility In Mind) found that 96.3% of home pages had detectable failures of WCAG. 

    According to their finding, many of the same barriers cited in Wayfair’s case appear in their top WCAG 2 failures, including 58.2% of homepages missing alt text for images, while 50.1% had empty links. However, both of these barriers can take seconds to remove. 

    Suppose businesses recognize their mistakes early and make immediate changes. In that case, the cost to correct these barriers won’t accumulate or cost as much later. Remediating thousands of issues on an e-commerce website will require a substantial investment while building for accessibility will cost much less over time.

    No Business is Too Small

    While Wayfair is a major retailer, small businesses are also covered by Title III of the ADA. They are responsible for providing web content that works for all users, regardless of their abilities. 

    In fact, smaller companies with revenues under $25 million have been frequent targets. They accounted for 77% of ADA non-compliance cases in the first half of 2023, and many plaintiffs allege the same issues cited in the Wayfair class action case. 

    So, what steps can your website take to ensure ADA compliance?

    A Step Towards Web Accessibility

    Making sure your website is web-accessible is not only a legal requirement but also a moral and business imperative. This may involve working with web accessibility experts to conduct an audit and any necessary changes.

    Here are some steps you can take to improve your web accessibility:

    1. Conduct a web accessibility audit: Conduct a comprehensive web accessibility audit to identify all web accessibility barriers.
    2. Make a plan:  Familiarize yourself with WCAG’s guidelines and work to meet or exceed their standards. Address the issues identified in the audit, prioritizing the most critical issues first.
    3. Consider a dedicated accessibility team: Partner with an accessibility team to oversee ongoing web accessibility efforts and ensure compliance with ADA requirements.
    4. Train and Education: Educate staff on WCAG best practices and how to maintain accessibility standards moving forward.
    5. Regular Monitoring: Continuously monitor your website for accessibility issues and address them promptly.
    6. Stay up-to-date: Stay informed about ADA web accessibility requirements and update websites and apps as needed.

    Start Your Journey to ADA Compliance

    The recent lawsuit against Wayfair is a stark reminder of the importance of web accessibility under the Americans with Disabilities Act (ADA). It’s not just a legal requirement; it’s a moral and business imperative—no matter the size of your business, accessibility matters. The case of Wayfair demonstrates the very real risks of ignoring web accessibility and the potential for costly legal action.

    Whether you want to protect against a frivolous ADA accessibility lawsuit or become WCAG 2.1 AA compliant, 216digital has 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. Our team of accessibility experts can also develop strategies to integrate WCAG 2.1 compliance into your development roadmap on your terms. 

    Don’t wait for a lawsuit to push you into action. Schedule a Complimentary ADA Strategy Briefing with 216digital to take the first step towards website accessibility.

    Greg McNeil

    October 26, 2023
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
  • The ADA’s New Shift Towards Web Accessibility

    The ADA’s New Shift Towards Web Accessibility

    In an age where our online and offline worlds are increasingly intertwined, ensuring web accessibility for all is not just a matter of convenience—it’s a matter of civil rights. Enter the U.S. Department of Justice, which is poised to take a monumental step toward making the virtual world more inclusive. As they gear up to propose a new ADA Title II Web Accessibility Rule, we delve deep into its implications and the future landscape of digital accessibility. 

    What is the American with Disability Act?

    The Americans with Disabilities Act (ADA), enacted in 1990 by President George H.W. Bush, is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life. This includes jobs, schools, transportation, and public or private places open to the public. The primary goal of this law is to ensure that people with disabilities have the same rights and opportunities as everyone else.

    For instance, the law required that employees with disabilities have the adjustments they need at work, that those with hearing or sight issues can communicate effectively, and that buildings are accessible.

    Often, we think of the ADA in terms of physical places. But what about online spaces, like websites?

    Is ADA Compliance Mandatory for Websites?

    From the start, we knew the ADA would impact physical stores, but it wasn’t clear if it would also apply to websites and online apps. As the internet became a major way for customers to connect with businesses, the rules for ADA and website accessibility had to evolve.

    Redefining the ADA

    In late 2021 and early 2022, the Department of Justice (DOJ) made several agreements about making COVID-19 vaccine websites more accessible. The DOJ stated that the ADA’s requirements should apply to all goods and services offered by public accommodations, including those provided online.

    Up to this point, the absence of clear standards has caused confusion about what “ADA compliance” means for online content. This has led to inconsistent rulings in federal courts and has caused many businesses, numbering in the tens of thousands, to face predatory litigation.

    The Department of Justice and Web Accessibility

    The DOJ, responsible for enforcing parts of the ADA, recently explained its stance on website accessibility. In March 2022, they shared guidelines on this topic. They emphasized that the ADA’s rules do apply to online content. 

    However, they didn’t set clear standards for what makes a website compliant. In fact, the DOJ mentioned they don’t have a detailed set of rules. Still, they believe the ADA’s general principles of fairness and clear communication should apply to websites.

    Despite this, the DOJ’s March 2022 guidelines didn’t spell out clear options or ways businesses can make sure their websites are accessible. They only cited third-party resources, which do not have the force of law.

    WCAG is the Golden Standard for Web Accessibility

    In the absence of set standards, the Web Content Accessibility Guidelines (WCAG 2.0 & 2.1) Level A.A. has become the go-to standard. Many federal courts recognize WCAG as a trusted guideline for making websites accessible. In fact, many website-related lawsuits end with an agreement to follow WCAG standards.

    Although WCAG is widely respected, it’s not legally binding. A private international industry group, not a government body, creates and maintains these guidelines.

    DOJ Proposes New ADA Web Accessibility Rule

    On July 25, 2023, the 33rd year since the ADA was introduced, the DOJ proposed a rule to improve online services offered by state and local governments more accessible. 

    This marks the first time in the history of the ADA that the DOJ has proposed rule on website accessibility. The DOJ recognizes that many online services have left out people with disabilities in the past. This new rule aims to set clear guidelines for all state and local government programs, services, and activities accessible.

    What Does the New Ruling Include?

    The proposed rule is expected to give clear technical guidelines on how to make websites more accessible. According to a White House statement, this will include adding text descriptions of images for those using screen readers, putting captions on videos, and allowing keyboard-only navigation for those with limited mobility. 

    President Joe Biden shared on X (formerly Twitter): “Our Administration’s new proposed web accessibility rule will improve online accessibility to state and local services for nearly 50 million people with vision, hearing, cognitive, and manual dexterity disabilities – One more step towards a more inclusive and accessible America”.

    The details of this rule will be available in the Federal Register. The public can share their thoughts on it for 60 days at regulations.gov

    Impact of the New ADA Web Accessibility Rule

    The new rule will affect public programs and services like employment, education, voting, healthcare, and transportation schedules. Its primary goals are to:

    1. Students with disabilities can fully understand and access their class materials, even in advanced subjects like math and science.
    2. Upgrade voter registration websites so that those with disabilities can easily sign up on their own.
    3. Provide better online information about buses and trains to assist people with disabilities in commuting.

    During a press conference, Associate Attorney General Vanita Gupta emphasized, “[I]t is now more important than ever to ensure that there are clear standards for what state and local programs must do to make their online programs, services, and activities accessible to people with disabilities.”

    What Online Businesses Must Keep in Mind

    The DOJ has introduced a new rule aimed at making sure everyone, including those with disabilities, can use online content easily and fairly. This rule not only sets a clear legal standard but also addresses other online accessibility issues. This includes the role of third-party content creators, when making a website accessible might be too difficult, and grace periods for fixing sites.

    Right now, this rule is only for state and local government groups under Title II of the ADA. However, private businesses, often covered by Title III, might soon have to follow similar standards. So, private companies should keep an eye on this rule as it might hint at future regulations for them.

    Preparing for the Future with 216digital

    Regardless of where you are on your journey, we’re here to help. At 216digital, we can 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 to achieve ongoing, real-world accessibility on your terms, schedule a complementary ADA Strategy Briefing today.

    Greg McNeil

    October 5, 2023
    Legal Compliance
    Accessibility, ADA Compliance, ADA non-compliance, ADA Website Compliance, Website Accessibility
  • Are Bots Sending Web Accessibility Demand Letters?

    Are Bots Sending Web Accessibility Demand Letters?

    Web accessibility has increasingly become a focal point for online businesses in recent years. In the digital era, the importance of making sure every user has access to web content cannot be overstated. But what happens when this rightful concern becomes a potential legal pitfall for businesses? 

    A recent wave of demand letters related to web accessibility has left many business owners questioning their source. Are they from genuine concerned human plaintiffs, or are bots behind them?

    What are Web Accessibility Demand Letters?

    For those unfamiliar, a web accessibility demand letter is a legal notice sent to businesses alleging that their website is inaccessible according to the standards set by the Americans with Disabilities Act (ADA). If true, these businesses must take specific actions to become compliant or face potential legal action. This can not only dent their reputation but also incur substantial legal fees.

    The number of businesses receiving these letters has increased exponentially in recent years. In 2022, more than 1,500 demand letters were sent per week. While many of these lawsuits are initiated by people with disabilities, many have questioned whether these letters are starting to come from bots. 

    The Wave of Demand Letters

    Ogletree Deakins, a reputable legal firm, has recently noticed some unusual patterns in the series of web accessibility demand letters received by their clients. The consistency in the phrasing, formatting, and even the nature of the complaints has led them to question if these are genuinely from diverse plaintiffs or if there’s a more automated process at play.

    According to Ogletree Deakins, bots may use artificial intelligence (A.I.) to scan websites for potential violations of the ADA quickly. This could allow plaintiffs to pursue hundreds of ADA claims at once, pressuring businesses to settle those claims before they lead to litigation.

    What are Automated Tools?

    Automated accessibility audits are tools designed to test websites for compliance with ADA guidelines. These tools can scan hundreds of web pages quickly to identify potential violations. Could plaintiffs use these tools to test large numbers of websites for ADA violations? The answer is yes, and here’s how.

    Automated tools are efficient at identifying general issues with web accessibility, such as missing alt text for images, incorrect use of headings, or other standard HTML violations. While these tools might not catch every nuance of a site’s accessibility, they can provide a quick overview, potentially leading to web accessibility demand letters.

    For more information about automated tools, check out our blog post, Are Web Accessibility Testing Tools Enough to Ensure Compliance. 

    The Problem with Bots Using Automated Tools

    While it is conceivable that a plaintiff could use an automated tool to test websites for ADA violations, there is one major issue. Automated tools have substantial limitations. 

    Even the best-automated tools are prone to false positives. For example, an automated test could identify missing alt text for images. However, not all images are required to have alt text. Humans often must determine whether alt text is necessary, and A.I. is currently incapable of making those decisions. 

    Automated tools are a valuable part of thorough accessibility remediation. Their limitations could make them a poor tool for filing massive waves of lawsuits, exposing potential law firms to penalties for filing fraudulent claims.

    However, this also brings into question whether a person with no intention to use a business’s products or services can file an ADA non-compliance lawsuit.

    The Concept of a “Tester”

    There have been instances where individuals, referred to as “testers“, detect ADA violations even when they have no real intention of using a business’s products or services. A prominent example is the case of Acheson Hotels, LLC v. Deborah Laufer, where the legitimacy of the plaintiff’s intent came into question. 

    The U.S. Supreme Court will likely weigh in on that question in the coming months. Depending on the outcome of that case, the prospect of bots generating demand letters doesn’t seem far-fetched.

    But what could this mean for website owners?

    What Does This Mean for Website Owners?

    For online business owners, the implications are significant. If your website isn’t ADA compliant, the risk isn’t just alienating potential customers but also facing potential litigation. The growing number of demand letters and lawsuits highlights the urgency of making your website accessible to all users, including those with disabilities. However, the question remains: should businesses react to these seemingly “copycat.” 

    Should You React To These Copycat Claims?

    With the specter of potential bot-generated demand letters and ADA lawsuits, website owners are in a precarious position. While it’s crucial not to panic, it’s equally vital to take these claims seriously. Dismissing them offhand could lead to legal complications and considerable costs. 

    If you receive a web accessibility demand letter:

    • Consult an Expert: Before taking any steps, consult a legal expert knowledgeable in ADA compliance and web accessibility.
    • Assess Your Website: Use automated and manual audits to gauge your site’s accessibility. Automated tools offer a quick overview, but human evaluations provide in-depth insight.
    • Document Everything: Keep a record of all improvements and changes made to ensure accessibility. This will be beneficial in defending your business if faced with litigation.

    A New Landscape for Web Accessibility

    The fear of bots sending web accessibility demand letters is not unfounded. Automated tools and the emergence of “tester” lawsuits have created a new landscape that online business owners must navigate. The primary concern for businesses should be clear: make your websites accessible. Whether the threat comes from genuine users or automated tools, ensuring compliance is not just a legal necessity but also a testament to a company’s commitment to inclusivity and equality.

    Partnering with Experts: 216digital

    If you’ve received an ADA demand letter, we’re here to help. Through our years of experience in the trenches analyzing and studying these cases, we can determine how ADA non-compliance lawsuit firms identify their targets and how to protect your business. At 216digital, we will develop a strategy to integrate WCAG 2.1 compliance into your development roadmap on your terms so you can continue focusing on what matters most: running your business.
    Scheduling a 15-minute complimentary website audit and consultation with our experts at 216digital.

    Greg McNeil

    August 8, 2023
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
  • ADA Web Compliance Demand Letters

    ADA Web Compliance Demand Letters

    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.

    Greg McNeil

    July 13, 2023
    Legal Compliance
    Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
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