ADA Web Accessibility Archives /Tag

Web Accessibility: What to Ask Your Digital Agency
When choosing a digital agency to build or maintain your website, one of the most crucial factors to consider is accessibility. Digital Accessibility ensures that your website is usable by everyone, including people with disabilities. But how do you know if your agency partner understands web accessibility and can meet your needs? Asking the right questions can make all the difference.

Why It’s Important to Ensure Your Agency Understands Digital Accessibility

Web accessibility isn’t just about checking a box; it’s about making your website available to all users, regardless of their abilities. In the United States, over 70 million adults live with a disability. If your website isn’t designed with accessibility in mind, you could miss out on a large audience. Beyond that, failing to meet accessibility standards can expose your business to legal risks, including lawsuits under the Americans with Disabilities Act (ADA).

Moreover, accessible websites provide a better overall user experience, which can lead to increased engagement and customer satisfaction. If a website is easy to navigate for individuals with disabilities, it’s also likely more intuitive for everyone. That’s why it’s vital to ensure your digital agency understands and prioritizes web accessibility.

When Is the Best Time to Ask Your Agency About Accessibility?

The short answer? As early as possible.

Accessibility should be baked into the foundation of your website, not an afterthought. Whether you’re designing a new website or revamping an existing one, accessibility discussions should start in the planning phase.

If you’re already working with a digital agency, it’s never too late to ask about accessibility. It’s better to make improvements now than to wait until you’re facing a lawsuit or losing customers. By prioritizing accessibility from the start, you ensure your site meets legal requirements and offers a smooth, inclusive experience for all users.

Key Web Accessibility Questions to Ask Your Digital Agency

What Is the Current State of Web Accessibility on Our Website?

Before diving into solutions, it’s essential to assess where your website currently stands in terms of accessibility. Your digital agency should conduct an accessibility audit to identify any existing issues. Here are a few questions you can ask:
- Do you offer an initial accessibility audit?
- Can you provide examples of accessibility issues that have been flagged?
- What tools or methods do you use to test for accessibility?
A comprehensive audit should highlight potential barriers on your site, like empty headers, missing alt text for images, or lack of keyboard navigation. Starting with an audit gives you a clear picture of where improvements are needed.

What Is Your Approach to Web Accessibility?

Every digital agency has a process for implementing accessibility. You’ll want to understand how your agency handles it from start to finish. Ask them about their approach and experience:

How well do you know WCAG 2.1 guidelines?

The Web Content Accessibility Guidelines (WCAG) 2.1 are the industry standard for web accessibility. Your agency should be familiar with these guidelines and know how to apply them to your website.

Do you integrate accessibility into every stage of development?

Accessibility isn’t just a one-time fix. You should implement steps during the design, development, and content creation phases. Ask your agency if they have a process for embedding accessibility throughout the entire project.

Do you use both automated and manual testing methods?

Automated tools can catch many accessibility issues, but manual testing is essential for uncovering complex problems. Your agency should combine both methods for a thorough approach.

How Will You Ensure Accessibility Is Maintained?

Accessibility is an ongoing commitment. Websites change over time as content is updated and features are added. It’s important to ask how your agency plans to maintain accessibility once the site is live:

Do you offer ongoing accessibility monitoring?

Regular monitoring can help you stay compliant as web standards evolve and your website grows. Ask your agency if they provide services like continuous testing or accessibility check-ups.

Can you train our team to maintain accessibility?

If your website content is managed internally, your team should know how to keep it accessible. Some agencies offer training for content creators and developers to ensure new additions meet accessibility standards.

What is your process for updating the site to stay compliant with new regulations?

Digital accessibility laws are constantly evolving, and you need to ensure your website stays compliant. Your agency should have a plan for keeping your site up-to-date with the latest guidelines and legal requirements.

How Do You Prioritize Web Accessibility Issues?

Accessibility issues vary in severity. Some barriers, like missing alt text, are easier to fix, while others may require significant changes to your website’s structure. Ask your agency how they prioritize accessibility fixes:

How do you determine which issues need immediate attention?

Critical issues that block users from accessing content should be resolved first. Make sure your agency knows how to prioritize fixes to address the most pressing concerns first.

How long will it take to resolve accessibility issues?

Accessibility improvements should be made in a timely manner. Understanding the expected timeline helps you plan your next steps and set realistic expectations.

What’s Your Experience with Similar Projects?

Experience is vital when it comes to accessibility. You want to work with a digital agency that has a proven track record of making websites accessible:

Have you worked with other companies in our industry?

Different industries have unique accessibility challenges. For example, e-commerce sites may need to focus on accessible forms and shopping carts, while media companies may prioritize video captions and transcripts.

Can you show us examples of websites you’ve made accessible?

Case studies or portfolio examples can give you an idea of the agency’s capabilities. Look for examples that demonstrate a deep understanding of accessibility best practices.

Prioritize Accessibility from the Start

Web accessibility isn’t just a legal requirement – it’s a business imperative. By asking your digital agency the right questions, you can ensure your website is accessible to all users while avoiding the risk of legal issues.

Remember, accessibility should be an ongoing effort. Choose a digital agency that understands the importance of maintaining compliance and improving your website over time. By doing so, you’ll create an inclusive online experience that benefits both your users and your business.

Contact 216digital for Your Accessibility Needs

If you’re unsure where to start, 216digital can help. Our team specializes in ADA remediation and web accessibility, and we’re here to guide you every step of the way.

Schedule an ADA briefing with 216digital today to learn more about how we can help you maintain a compliant and accessible website. Let’s work together to make your site welcoming to everyone while keeping your business protected from legal risks.

Don’t wait—make accessibility a priority from the start!
Greg McNeil

September 19, 2024

How-to Guides, Legal Compliance

ADA Compliance, ADA Web Accessibility, digital accessibility, digital agency, Web Accessibility
Choosing the Right Web Accessibility Solution
In today’s digital age, ensuring that your website is accessible to all users, including those with disabilities, is not just a legal obligation but also a moral imperative. With the implementation of laws like the Americans with Disabilities Act (ADA) and the European Accessibility Act (EAA), businesses must prioritize website accessibility to avoid potential legal repercussions and to foster an inclusive online environment. This guide will help you choose the right web accessibility solution for your organization, depending on your needs, goals, and budget. We will also highlight the ADA remediation services offered by 216digital, a leader in the field.

Understanding Website Accessibility and ADA Conformance

Website accessibility refers to the inclusive practice of ensuring that websites are usable by people of all abilities and disabilities. This includes making content perceivable, operable, and understandable, and robust for individuals with visual, auditory, motor, and cognitive impairments. ADA conformance means that a website meets the standards set by the ADA, which often align with the Web Content Accessibility Guidelines (WCAG) developed by the World Wide Web Consortium (W3C).

Assessing Your Needs and Goals

Before diving into the web accessibility solutions available, it’s crucial to assess your organization’s specific needs and goals. Here are some key considerations:
1. Legal Compliance: Determine the legal requirements applicable to your business. For U.S. companies, ADA compliance is mandatory, while European companies must adhere to the EAA. Understanding these requirements will guide your accessibility efforts.
2. Audience: Consider your target audience and their potential accessibility needs. For example, if your website serves a large population of elderly users, you may need to focus more on features that improve readability and navigation.
3. Current State of Accessibility: Conduct an accessibility audit to identify existing issues. This will help you understand the scope of work required and prioritize improvements.
4. Budget: Establish a budget for accessibility improvements. Costs can vary widely depending on the complexity of your website and the extent of remediation needed.
5. Internal Expertise: Assess whether your team has the necessary skills and knowledge to implement accessibility changes or if you need external support.
Choosing the Right Web Accessibility Solution

Once you have a clear understanding of your needs and goals, you can start exploring the available solutions. Here are some tips for choosing the right web accessibility solution for your organization:

Automated Accessibility Tools

Automated audits like Lighthouse, WAVE, and Firefox Inspector are a great starting point for identifying common accessibility issues. These tools quickly show potential problems, such as missing alt text, incorrect heading structures, and broken links. They give you a report with these findings, which you can use as a starting point to make your site more accessible. Some popular automated tools include:
- Google Lighthouse: An open-source tool that provides audits for performance, accessibility, SEO, and more, generating detailed reports and actionable insights to improve website accessibility and user experience.
- WAVE (Web Accessibility Evaluation Tool): A web accessibility evaluation tool that highlights accessibility issues directly on the webpage, providing visual feedback and detailed reports to help identify and address barriers for users with disabilities.
- Firefox Inspector: A built-in tool in Firefox’s developer tools that allows users to inspect, modify, and debug HTML and CSS, including accessibility properties, helping developers ensure compliance with accessibility standards.
Pros of Automated Accessibility Tools
1. Speed: Automated tools can scan an entire website in minutes, providing a quick overview of accessibility issues.
2. Cost-Effective: These tools are generally less expensive than manual audits or professional services.
3. Convenience: useful for identifying widespread issues to ensure ongoing compliance.
Cons of Automated Accessibility Tools
1. Limited Scope: Automated tools cannot catch all accessibility issues, especially those involving user experience and context.
2. False Positives/Negatives: These tools can sometimes flag issues that aren’t actually problems or miss real issues, leading to incomplete compliance.
3. Lack of Detailed Guidance: While they provide suggestions, they often lack the detailed guidance needed to fix complex issues.
Manual Audits and User Testing

Manual audits and user testing provide a more in-depth analysis of your website’s accessibility. Accessibility experts will go through your site carefully, checking each part to make sure it follows WCAG’s guidelines. This is a detailed process where experts use different browsers and assistive tools, like screen readers or voice recognition software, to find and fix any small problems with accessibility.

Pros of Manual Audits and User Testing
1. Thoroughness: Human experts can identify complex issues that automated tools might miss.
2. Real-World Testing: User testing ensures that your site is usable for people with disabilities.
3. Detailed Reports: Manual audits provide in-depth reports and specific recommendations for improvement.
Cons Manual Audits and User Testing
1. Cost: Manual audits and user testing can be expensive, especially for large websites.
2. Time-Consuming: These processes take longer than automated scans, delaying the implementation of fixes.
3. Resource-Intensive: They require skilled professionals to coordinate with users with disabilities.
Accessibility Overlays and Plugins

Accessibility overlays and plugins offer quick fixes for improving accessibility. These solutions typically add features like screen reader compatibility, keyboard navigation, and color contrast adjustments by modifying a website’s code with a snippet of JavaScript.

Pros Accessibility Overlays and Plugins
1. Quick Implementation: Overlays can be added to your site quickly, offering an immediate boost in accessibility.
2. User Control: They often allow users to customize their experience, such as adjusting font sizes or contrast levels.
3. Cost-Effective: Generally cheaper than comprehensive manual audits or professional services.
Cons Accessibility Overlays and Plugins
1. Superficial Fixes: Overlays may not address the root causes of accessibility issues, leading to only superficial compliance.
2. User Frustration: Some users with disabilities find overlays intrusive or ineffective.
3. Potential Legal Risks: Reliance on overlays alone may not meet legal accessibility standards, potentially exposing your site to legal action.
Check out our guide on web accessibility overlays for more details on how they might make your website a target for a frivolous ADA lawsuit.

Consulting and Professional Services

For organizations seeking a thorough and sustainable approach to accessibility, consulting, and professional services are ideal. These provide customized solutions based on your specific needs, including expert guidance, comprehensive audits, remediation, and ongoing support.

Pros Consulting and Professional Services
1. Expert Guidance: Professionals bring a wealth of experience and expertise to ensure comprehensive accessibility.
2. Custom Solutions: Services are tailored to your website’s unique needs and requirements.
3. Ongoing Support: Many consulting firms offer ongoing support and training to maintain accessibility.
Cons Consulting and Professional Services
1. High Cost: Professional services are typically the most expensive option.
2. Dependency: Relying on external consultants can create dependency, potentially slowing down internal development processes.
3. Implementation Time: Custom solutions take time to develop and implement, potentially delaying compliance.
216digital’s ADA Remediation Services

When it comes to professional web accessibility solutions, 216digital stands out as a trusted provider of ADA remediation services. Here’s why 216digital is a top choice for ensuring your website meets ADA conformance:

Risk Mitigation

Through our extensive experience and collaboration with key legal players, 216digital has determined the metrics and red flags that cause companies to get hit with ADA non-compliance lawsuits. We know exactly how to take the target off of your back so that you can forget about the ambulance chasers and focus on growing your business.

Our goal through this service is to get the best possible settlement through the improvement of your automated scan results. Identifying and removing web accessibility errors detected with scanning tools and those addressed in the lawsuit. Providing an Accessibility Statement, Skip Link, and Focus Outlines as window dressing to further prevent copycats. Ensure you don’t fall victim to copycat legislation by getting your metrics below internally established risk tolerance thresholds.

Real-World Accessibility

While automated accessibility scans are functional and convenient, they only curate about 30% of issues, leaving your website exposed to a lawsuit and your customers with a poor user experience.

WCAG 2.1 Professional Audits provide insight that accessibility software can’t, which is essential to ensuring that disabled users can access your website to their fullest extent. Only through professional auditing, page-by-page click-throughs, and testing assistive technology such as screen readers and keyboard-only commands can your website reach full accessibility compliance.

Our Web Accessibility Professionals will evaluate and examine the accessibility level of your website’s UI, source code, usability, and design. Then, they will implement solutions focused on three key areas:
- Screen reader and assistive technology compatibility
- Keyboard-only navigation, operation, and orientation
- UI and design
Ongoing Support and Monitoring

Accessibility monitoring is an ongoing and proactive process that regularly checks online content for accessibility violations. Think of it as an early warning system, allowing developers and content creators to identify and fix potential barriers quickly.

216digital’s a11y. Radar is an automated tool that regularly checks your website for ADA compliance. It tracks your ongoing efforts, whether they’re done by your in-house team or an outside agency. You’ll get access to detailed dashboards and updates on any content, code, or user experience issues that might affect your website’s accessibility. Plus, our easy-to-use interface lets your team see current problems and manage any changes that need to be made.

Here are some of a11y. Radar’s key features:
- Dynamic Dashboard Display
- Compliance Scans
- Detailed Issue Reports
- Issue Tracking Over Time
- Manual Testing Reports
- Email Alerts
- Current Web Compliance Status
Conclusion

Choosing the right web accessibility solution is crucial for ensuring that your website is inclusive, usable, and conforms to legal standards. By assessing your needs, goals, and budget, you can determine the most appropriate approach, whether it’s using automated tools, conducting manual audits, implementing accessibility overlays, or partnering with professional services like 216digital.

216digital‘s ADA remediation services offer a comprehensive, customized, and user-centered solution to web accessibility. By leveraging their expertise, you can achieve ADA conformance and provide a better online experience for all users, ultimately fostering an inclusive digital environment and protecting your organization from potential legal challenges.

Investing in web accessibility is not just about compliance; it’s about creating a web that works for everyone. Take the first step today and choose the right accessibility solution for your organization.
Greg McNeil

July 23, 2024

Testing & Remediation

Accessibility Remediation, ADA Web Accessibility, digital accessibility, Web Accessibility, Web Accessibility Remediation, Web Accessibility Solution
Is Your Website Exempt From the ADA?
As experts in digital accessibility, we get asked a lot of questions by potential clients. But one question stands out: Why should I make my website accessible if disabled customers can’t use my products or services? Do I have to follow the Americans with Disabilities Act (ADA)?

It can be hard to know exactly how the ADA applies to your website amidst all the legal jargon and technical standards. Plus, it’s undeniable that implementing and maintaining web accessibility takes time and resources. So, do you need to put effort into making your website accessible for all users?

It is time we tackled this question head-on and address the elephant in the room.

Understanding the ADA

The ADA is a civil rights law that protects the rights of people with disabilities in all areas of public life. This includes workplaces, schools, transportation, and places open to the public, whether they’re run by the government or by private businesses.

For example, the ADA requires employers to provide necessary adjustments, like ramps, to employees with disabilities. The goal is to make sure that people with disabilities have the same opportunities and rights as everyone else.

We often think of the ADA as only applying to physical places we can visit, like stores or schools. But what about places we visit online, like websites?

Do Websites Have to be Accessible?

Websites are not exempt from ADA compliance. Even though the ADA doesn’t directly mention digital accessibility or websites, the Department of Justice (DOJ) has clarified that websites do fall under the ADA’s purview, 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)

In other words, if your website is not accessible to people with disabilities, it is not compliant with the ADA, as websites are considered public places. But what if a disabled person can’t use your product or service?

Are You Exempt From the ADA?

Some businesses believe they are exempt from ADA compliance if their products or services are not specifically tailored for people with disabilities. However, this is far from the truth.

The ADA applies to all businesses, regardless of their target audience. These misconceptions often stem from false assumptions and a lack of context. Let’s explore this issue in further detail.

Avoiding Assumptions About User Capabilities

Deaf individuals can be skilled musicians.

Wheelchair users can drive cars.

People with physical disabilities excel in sports.

Sometimes, our assumptions stem from picturing ourselves attempting tasks with specific disabilities. While you might initially struggle with a particular activity, those with disabilities possess unique skills and knowledge.

Moreover, disabilities vary widely in nature and severity, and what may work for one individual may not hold true for another. Take vision, for instance. While one person might be color blind, another might grapple with legal blindness.

Even within the same person, capabilities may fluctuate depending on the context. For example, a person with Parkinson’s Disease might be able to walk on certain days but not others.

Why Someone Might Access Your Content

But what if a disabled customer clearly can’t use my products or services? As with anything, context is everything. Let’s take a look at a few real-life examples.

Mirrors and the Visually Impaired

One of our clients was recently sued for ADA compliance by a visually impaired user. If you are wondering why a visually impaired user would be shopping for a mirror, you would not be alone. However, once more, context is everything.

A visually impaired person could have many reasons to look at a mirror company’s website. Some examples could include:
- Buying a gift for a family member or friend
- Decorations in their home or office
- Looking for someone else or work
- The severity of their disability isn’t that severe
- Interest in the product or service
However, while some users might wander onto your site with pure intentions, others might be seeking an easy target.

The Risks of ADA Non-Compliance

Over the past 20 years, several lawsuits and DOJ settlements have been filed due to accessibility barriers. Just in 2023, plaintiffs brought 4,605 ADA-related lawsuits to federal and state courts, 683 more than the previous year.

But that’s not all. In addition to these lawsuits, there were countless demand letters addressing digital accessibility concerns. In 2022 alone, an estimated 1,500 of these letters were sent out every week. These letters typically list the web accessibility issues plaintiffs encountered on the site. Plaintiffs can seek restitution in the form of tens of thousands of dollars.

The expenses of these lawsuits and settlements can be hefty, covering legal fees, settlements, and damages. By investing in digital accessibility now, your business can avoid getting tangled up in expensive legal disputes down the road.

A Step Towards ADA Compliance

If you’re a website owner, you might feel overwhelmed or even caught off guard. But here’s the deal:

Web and digital accessibility isn’t just about compliance; it’s about inclusivity. Anyone, at any time, may encounter barriers to accessing your website, and it’s your responsibility to accommodate diverse user needs. Whether selling products, offering services, or providing information, your website must be accessible to all users.

Here are some steps you can take to improve your digital accessibility:
1. Conduct an Audit: Scan your website to identify any barriers to accessibility.
2. Make a Plan: Address the barriers identified in the audit, prioritizing the most critical ones first.
3. Consult the Experts: Consider partnering with an accessibility expert to oversee ongoing web accessibility efforts and ensure compliance with ADA requirements.
4. Train and Education: Educate your 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.
Why Federal Web Accessibility Lawsuits Are

Digital accessibility is not just a legal requirement but a fundamental aspect of providing equal online access to goods and services. To ensure your website complies with the ADA and serves a key demographic — it’s essential to find and fix accessibility barriers on your site. And that’s where 216digital can help.

Whether you want to protect against a frivolous ADA accessibility lawsuit or become WCAG 2.1 AA compliant, 216digital has you covered. 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

June 20, 2024

Legal Compliance

ADA, ADA Compliance, ADA Web Accessibility, ADA Website Compliance, Website Accessibility
New ADA Title II Guidelines: What You Need to Know
For years, digital accessibility advocates and state and local governments have grappled with the lack of clear guidelines regarding web accessibility under the Americans with Disabilities Act (ADA). Thankfully, that’s about to change. 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. In this post, we’ll walk you through these updates, explain their implications, and show you how to stay compliant.

What is ADA Title II?

The ADA is a landmark civil rights law passed in 1990. It prohibits discrimination against people with disabilities in all public areas. Title II specifically addresses the obligations of public entities, such as state and local governments, to provide equal access to their programs, services, and activities. This includes services, programs, and activities offered online and through mobile apps.

What Are the New Regulations Under Title II?

In a significant move towards inclusivity, the new regulations under ADA Title II require all U.S. state and local government websites and mobile apps to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 AA. Created by the World Wide Web Consortium (W3C), these guidelines are the gold standard for making digital content accessible to individuals with disabilities.

Following these standards ensures everyone can access essential services like paying taxes, viewing public records, and participating in community events.

Who is Affected by This New Rule?

The new ADA Title II rule on accessibility casts a wide net, impacting various entities:
- State and Local Governments: All branches, departments, and agencies, such as city councils, health departments, police departments, and fire departments.
- Special Districts: Districts focused on specific public functions or services, like water distribution, public transportation, and park management.
- Contractors and Third Parties: Companies contracted by state or local governments to provide public services.
Content Created by Third-party Contractors and Software Vendors

To comply with the new rule, governments must ensure that all their websites and mobile apps are accessible, including any digital content from third-party vendors or agencies. The rule states that any online content a public entity shares with users must meet accessibility standards, regardless of whether it comes directly from a public entity or a third-party organization under contract.

For example, suppose a city hires a third-party app to handle parking payments. In that case, that app must meet the WCAG 2.1 AA accessibility guidelines.

When Will the New Rule Take Effect?

The final rule took effect in June 2024, 60 days after being published in the Federal Register. Public entities now have two to three years to ensure their websites and mobile apps meet WCAG 2.1 AA standards, depending on their size:
- Public entities with a population of 50,000 or more: Must comply within two years (by April 24, 2026).
- Public entities with a population of less than 50,000 and all special district governments: Have three years to comply (by April 24, 2027).
After these deadlines, state and local governments must maintain WCAG 2.1 Level AA standards for their digital content.

Why Were These Regulations Made Now?

Many state and local governments now offer most of their services, programs, and activities online and through mobile apps. This shift has increased the risk of people with disabilities facing barriers when trying to access essential services or participate in civic activities.

As a result, many organizations sought guidance from the federal government on what ADA compliance looks like for digital content. The Department of Justice‘s (DOJ) new rule provides that clarity by outlining specific technical standards for measuring compliance.

Associate Attorney General Vanita Gupta emphasized this commitment, saying: “We will use all our tools, including enforcement, to ensure people with disabilities have equal access to online services.”

How Will the DOJ Enforce Compliance with ADA Title II?

The new rule will use existing methods for enforcement, including:
- Self-evaluation and Reporting: Organizations need to regularly check their websites and mobile apps to ensure they meet ADA standards and report their findings to federal agencies.
- Technical Assistance and Guidance: The DOJ and other agencies provide resources to help organizations understand and follow the ADA Title II guidelines.
- Public Complaints: Anyone affected by barriers on state or local government websites can file a complaint directly with the DOJ.
- DOJ Audits and Reviews: The DOJ periodically audits public entities’ websites and mobile apps to find issues that haven’t been reported through complaints.
What Are the Penalties for Non-compliance?

Government entities that don’t follow the new regulations could face legal trouble, fines, and orders to fix their websites. If an entity fails to meet the standards on time, several things could happen:
- Mediation and Resolution: Usually, the first step is mediation to help the entity understand the issues and find ways to fix them.
- Penalties and Fines: In severe cases or if problems persist, penalties can be imposed to motivate quick action.
- Mandated Corrective Actions: Entities might have to make specific changes, like redesigning their websites or updating mobile apps.
- Legal Action: If an entity continues to ignore the rules, the DOJ may take legal action.
State and local governments must take these regulations seriously and prioritize accessibility.

How State and Local Governments Can Achieve Compliance

To comply with ADA Title II, state and local governments must follow WCAG 2.1 Level AA standards. If you’re a government leader or a business working with public entities, here are some steps to ensure compliance:
1. Conduct an Audit: Start with a thorough web accessibility audit to identify any barriers to user access.
2. Make a Plan: After identifying the barriers, create a plan to address them, focusing first on the most critical issues.
3. Use Clear Communication: Use simple and clear language. Provide alternatives like text transcripts for videos and audio content.
4. Integrate Assistive Technologies: Regularly test your websites or apps with tools like screen readers to ensure they support various accessibility features.
5. Train Your Staff: Educate your team on best practices for web accessibility to ensure future accessibility.
6. Set Up Monitoring: Establish ongoing digital accessibility policies and regularly update your platforms based on user feedback, especially from users with disabilities.
7. Partner with Experts: Seek support from accessibility experts to ensure you meet ADA requirements.
8. Stay Updated: Keep up with WCAG standards and make necessary updates to your websites and apps.
Could These Updates Impact Private Businesses Eventually?

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

Since the mid-1990s, the DOJ has included company websites, e-commerce platforms, and other digital experiences in defining public accommodations. Many U.S. courts have supported this view, ruling in favor of individuals who claim a company’s website is not accessible to people with disabilities.

However, any proposed rule changes will likely depend on various factors, including the outcome of the next federal election.

216digital is Here to Help

The new ADA Title II regulations are a significant step toward making digital spaces accessible for everyone, ensuring that state and local governments provide equal access to their services online. But navigating these changes can be challenging. That’s where 216digital comes in!

As leading experts in web accessibility, 216digital has the tools, knowledge, and experience to make your online space both compliant and welcoming for all. Our team will work with you to create a strategy that integrates WCAG 2.1 compliance into your development roadmap on your terms. Let us help you make your website compliant and welcoming for all users so you can focus on what you do best—serving your community!

Don’t wait. Schedule a complimentary ADA strategy briefing today to ensure your digital presence is accessible to everyone.
Greg McNeil

June 13, 2024

Legal Compliance

Accessibility, ADA, ADA Compliance, ADA Title II, ADA Web Accessibility, ADA Website Compliance
Why Accessibility Overlays Might Make You a Target
For many website owners, ensuring their site is accessible to everyone, especially those with disabilities, is a priority. This makes sense, not only from an ethical standpoint but also from a legal one. Web accessibility has become a hot topic, with the Americans with Disabilities Act (ADA) taking action against websites that fail to provide equal access. One solution that has garnered attention is the use of overlay widgets. However, if you’re considering using overlay widgets to meet these demands, pause! This may not be the solution you think it is.

In this post, we will explore the pitfalls of relying on such solutions and why they may not be the best choice for safeguarding your online business.

What is an Overlay Widget?

In simple terms, an overlay refers to tools or technologies that incorporate third-party code, typically JavaScript, into a webpage to enhance accessibility. Over recent years, these overlays have surged in popularity and are now featured on numerous websites across the internet. Among the many available, UserWay and accessiBe stand out as the top contenders on the market.

For a monthly charge, these tools claim to offer complete ADA and WCAG compliance, shielding them from litigation and an improved user experience for people with disabilities, all by adding just a single line of code to a website.

On the surface, it sounds ideal for website owners wanting a quick solution. But the truth is more complex.

What Do Accessibility Overlays Claim to Offer?

These overlay companies often promise three key concepts to consumers:
1. Your website will be fully accessible
2. Their technology will automate fixes, removing the need for web accessibility experts.
3. Their products will protect you from accessibility lawsuits.
Does it sound too good to be true? It is. While overlays might seem like a cost-effective solution for web accessibility, they might leave hopeful business owners with a target on their backs.

Accessibility Experts Voicing Concern

Experts in web accessibility have expressed skepticism about the effectiveness of accessibility overlays. Many experts argue that these tools may create a false sense of compliance and fail to address the root causes of accessibility issues.

Around 800 experts in accessibility have promised not to support, suggest, or use overlays that pretend to comply with laws or standards automatically. Karl Groves, an industry expert with over 20 years of experience, has put together a detailed fact sheet and statement from these experts, and it’s available on overlayfactsheet.com as a helpful online resource.

But why are these experts opposing overlays? First, we have to talk about ADA Compliance.

What is ADA Compliance?

While using an overlay may help meet some rules in accessibility standards, it cannot ensure

Conformance means meeting or satisfying the requirements of the web accessibility standards. According to Web Content Accessibility Guidelines (WCAG), the ‘requirements’ for web accessibility are called Success Criteria. To conform to WCAG’s guidelines, you must meet or satisfy all the Success Criteria.

Since conforming to a standard involves meeting all its requirements, products that claim to bring a website into compliance but cannot fix all issues should be approached with caution.

Why Overlays Are Not Fully Accessible

Here’s a simplified analogy: Imagine a pothole in the road. Instead of fixing it properly, someone places cardboard over it. It might look covered, but it’s still there, and it’s just a matter of time before someone falls through.

Similarly, while overlay widgets might give the appearance of an accessible website, they often merely cover up underlying issues. The worst part? Sometimes, they introduce new problems.

The Limitations of Accessibility Overlays

While overlays may provide some surface-level improvements, they often fail to address the comprehensive requirements for ADA compliance. Automated fixes can be incomplete or inaccurate, leaving certain accessibility issues unaddressed and potentially leading to legal consequences.

Here’s why:
- Partial Fixes: While overlays can assist in certain areas, like making text bigger for those with vision problems, they don’t treat the root problems in the website’s code, leaving site owners vulnerable to ADA lawsuits.
- Inconsistency: Overlay performance can be unpredictable across different devices and browsers, particularly on mobile.
- False Assurance: Sole reliance on overlays can be deceptive. They detect only about 30% of accessibility barriers. The intricate WCAG guidelines mean that overlays can only handle some necessary adjustments. A hands-on review is needed to find the remaining 70% of issues.
- User Experience: Some overlay tools give users an overwhelming number of choices, making things more perplexing or even creating new hurdles for disabled users.
- Conflicts with Assistive Tools: Many people with disabilities use specific tools to navigate the web. Overlays can disrupt these tools, making the website even less accessible.
To learn more about how overlay widgets fail to make a website compliant, check out our blog post, Why AI & Overlay Widgets Fail ADA Website Compliance.

Overlays Don’t Protect Against Web Accessibility Lawsuits

Many website owners opt for overlay widgets, believing they will shield them from potential lawsuits. However, this couldn’t be farther from the truth. Some advocates argue that these overlays can create a false impression of compliance, attracting attention from individuals keen on holding non-compliant websites accountable or with a desire for a quick payout.

At the 2021 Digital Accessibility Legal Summit, Jeremy Horelick, Jason Taylor, and Richard Hunt discussed overlays being marketed as one-step software solutions for website accessibility. The answer was a clear no when asked if overlays reduce the risk of litigation expenses.

“They absolutely do not. And there are two reasons why this is true. The first reason is simply because they don’t actually fix websites. […]

The other reason is because the law firms, not all the law firms, but many of the law firms that are in this area do not care whether the website is really accessible or not. Their desire is to find something that they can identify as an error, usually by measuring it against WCAG, and if they can find that error, they can file a lawsuit in good faith. Remembering that their goal is to settle the lawsuit as soon as possible.”

Accessibility Overlays Can Make You A Target

Using an overlay widget is like announcing, “I’m trying to be compliant.” But when that compliance is only surface-deep, it can make you an easy target for litigation.

So you might wonder, “Why would an overlay make me a target?” Here’s a deep dive into the mechanics:

Lawsuit Mechanics

Lawsuits related to web accessibility often rely on demonstrating that a website remains non-compliant despite attempts to rectify it. Scanning tools most plaintiff firms use won’t reliably pick up the solutions provided by widgets and overlays. While suggesting an effort to comply, overlay widgets often fall short of genuine accessibility. As such, your site will “scan” in exactly the same way and not at all change the initial filter most plaintiff firms use to determine who to go after. This discrepancy provides an avenue for legal action.

Lawsuit Claims

Most lawsuits nowadays don’t primarily address WCAG compliance concerns. They cite issues of functional use—things that impact a person with a disability’s ability to use a site. However, overlays won’t affect those claims and will often worsen the functionality. Many claims pinpoint overlay widgets’ inconsistent and ineffective nature, emphasizing that they don’t provide a uniform solution for every user.

Public Record Evidence

Implementing a widget or overlay on your website highlights potential shortcomings in your approach to accessibility. This public display could be referenced in future legal proceedings as evidence of your organization’s consistent lack of attention to accessibility. In the context of the ADA, this could be seen as a failure to adapt policies, practices, and procedures to ensure accessibility.

2023 Overlay Litigation Wave

In 2023, we saw 933 websites become targets for ADA non-compliant lawsuits because they relied solely on overlay widgets. This marked a notable 62% increase from the previous year. The legal actions brought against these companies often point fingers at the features and functions of these widgets, claiming they contribute to accessibility issues, along with the common failures outlined in WCAG.

Attorney Richard Hunt, who specializes in digital ADA cases at Hunt Huey PLLC, was among the first to focus on such legal matters. In a post titled “Is there a silver bullet for ADA website accessibility? Sorry, but the answer is no,” he emphasized that using an accessibility overlay or widget won’t protect businesses from ADA lawsuits.

Hunt stated, “If your business wants to avoid getting sued under the ADA because of an inaccessible website an accessibility overlay or widget isn’t going to help you. I can say this with some certainty because in the last two weeks alone five lawsuits have been filed against businesses that use an accessibility widget or overlay on their websites.”

Privacy Concerns

Besides potential legal problems tied to web accessibility, privacy concerns have surfaced. Overlays that automatically activate certain features, such as those for screen reader or speech recognition users, do this by detecting when an assistive technology is in use on the device. This reveals that the person using the device at that time has a disability. In some instances, it even exposes more personal information, like age, ethnic background, or preferred gender. Collecting such data should only happen with the informed consent of the person to whom it belongs.

Privacy Concerns and Legal Consequences

Some overlays keep users’ settings consistent across different websites that use the same overlay. This is achieved by placing a cookie on the user’s computer. When the user activates a setting for a specific overlay feature on one site, the overlay will automatically activate that feature on other sites.

Although the overlay company may believe they are benefiting the end user, the major privacy issue is that the user never agreed to be tracked, and there’s no way to opt out. Because there’s no opt-out option (except for explicitly turning off that setting), this poses a risk under the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA) for the overlay customer.

What Actions Should Website Owners Take?

For website owners, the lesson is clear. While overlay widgets might seem like an easy fix for web accessibility, they’re anything but. Not only do they fail to address the root accessibility issues, but they also paint a target on your back for potential litigation.

If you’re a website owner considering using overlay widgets, tread cautiously. Instead of looking for shortcuts, invest in a comprehensive web accessibility evaluation and manual review from the experts at 216digital to ensure that all accessibility barriers are identified and addressed correctly.

It is crucial to recognize the limitations of AI and use it in conjunction with other accessibility tools, such as regularly testing and evaluating accessibility compliance through automated and manual audits. By adopting a multi-faceted approach to accessibility, you can minimize the risk of legal action and make sure that digital content is accessible to all users.

Team Up with 216digital

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 to save you from potential legal headaches in the future.

Remember, web accessibility is not just about legal compliance but about creating an inclusive web for all. So don’t wait any longer—find out where you stand by scheduling a complementary ADA Strategy Briefing today.
Greg McNeil

February 27, 2024

Legal Compliance

Accessibility, ADA Compliance, ADA Web Accessibility, ADA Website Compliance, Ai and Overlay Widgets, Overlay widgets, Website Accessibility, Website Accessibility Tools
2023 Web Accessibility Lawsuit Trends and Insights
Web accessibility is no longer just a buzzword for the tech-savvy; it has become a crucial aspect of every online business. The surge in ADA-related lawsuits in 2023 serves as a wake-up call for website owners, developers, and digital marketers. Ignorance is no longer bliss, and understanding the trends can be the key to safeguarding your online presence in 2024.

For companies of all sizes, this raises a pair of essential questions:
1. What is behind this rise in litigation?
2. Is my business at risk?
In this post, we break down the 2023 web accessibility lawsuit trends and provide insights to help you navigate the evolving landscape. In today’s digital world, being informed isn’t just advantageous—it’s essential.

A Shift in Web Accessibility

Advocates for digital platforms being included in the Americans with Disabilities Act (ADA) have made significant progress in 2023. The Department of Justice (DOJ) declared that by 2024, all state and local websites must adhere to WCAG AA standards. This move shows that websites and mobile apps are just as important as physical places.

Right now, the declaration above only applies to state and local government groups under Title II of the ADA. But private businesses, often under Title III, might have to follow similar rules soon. This success, along with other updated state laws like California’s Assembly Bill (AB) 1757, has encouraged supporters to take legal action in record numbers.

A Closer Look at the Numbers

The numbers are in, and they’re striking: Plaintiffs filed 4,605 federal and state-filed ADA-related digital lawsuits, 683 more than in 2022. 3,086 of these lawsuits went through federal courts, whereas 1,519 were in state courts. This shift emphasizes the growing significance of state lawsuits in digital accessibility.

New York and Web Accessibility Lawsuits

In fact, Plaintiff firms file almost 75% of all lawsuits in New York federal or state courts. Although we have seen increased lawsuits outside the prominent three regions of New York, California, and Florida, New York is still the king.

But don’t get excited if you are outside of these states. The internet has no boundaries; having customers in a state is enough to be susceptible to legal action. For instance, your online business may be in Ohio. Still, a customer in New York State can file a claim in New York for your website having web accessibility barriers. Your location has no bearing.

But what if you are just a small online business? You should be safe, right?

What Industries Are Most at Risk?

eCommerce websites are more likely to be sued than other industries, such as Food Service and Education. In fact, 80% of all lawsuits are against eCommerce websites, with the majority of cases filed by visually impaired or blind individuals. This is because more and more businesses are selling online than ever before. eCommerce websites constantly change and frequently have complex functionality, making them more susceptible to legal issues.

Want to know more about eCommerce ADA litigation? In that case, check out our article, “Retail is the Prime Target for ADA Web Accessibility Lawsuits.“

Suppose you have already been sued for web accessibility, you should be safe from subsequent lawsuits, right? Unfortunately, the data says otherwise.

Copycat Accessibility Lawsuits Are On the Rise

It is not surprising that 25% of web accessibility lawsuits in 2023, more than 700, were filed against businesses that have previously been involved in ADA digital lawsuits. This highlights the prevalence of legal issues related to accessibility.

Why the Surge in Copycat Lawsuits?

Unfortunately, the ADA does not protect a company with an inaccessible website, regardless of how often they have been sued, when the lawsuits occurred, or whether they settled to make improvements.

Any new user who encounters barriers on a website can file a lawsuit against that website or any other websites or apps owned by the same company. This may lead to copycat lawsuits from new plaintiffs.

The bottom line? If digital content is not accessible, the risk of legal repercussions is substantial. But how should online businesses protect themselves against ADA claims in 2024? Web accessibility widgets and overlays?

Web Accessibility Widgets and Overlays

Many companies that offer accessibility widgets claim to be the ultimate solution for overcoming barriers and even promise legal protection from ADA cases. If you search on Google for web accessibility solutions, you’ll find numerous companies competing for your attention. However, these widgets fall short of being the magical fix many hoped for.

In 2023, 933 businesses using accessibility widgets faced lawsuits, a 62% increase from the previous year. These legal actions often point out the widget features and functionality as causes of accessibility barriers, along with common WCAG failures. But why is that the case?

The Pitfalls of Web Accessibility Widgets and Overlays

One major issue with accessibility widgets is that they don’t address the fundamental access barriers on websites. Although these issues are not visible to most users, they pose significant challenges for people with disabilities.

Furthermore, overlays can only identify 30% of web accessibility errors. Unfortunately, overlay tools struggle to handle the complexity of WCAG guidelines and cannot make the comprehensive changes necessary. The remaining 70% of issues can only be identified through manual testing.

The trend of filing ADA complaints and lawsuits against companies using accessibility widgets will continue into 2024. Achieving complete ADA or WCAG compliance requires more than just overlays or widgets. So, what should you do?

How to Keep Your Online Business Safe

It’s crucial to make sure that your website and online applications follow ADA web accessibility rules to lower the risk of getting sued. This might mean teaming up with web accessibility experts to review your site and make any necessary changes.

To avoid ADA web accessibility litigation, online businesses should take the following steps:
1. Review your website: Conduct a comprehensive web accessibility audit to identify all barriers.
2. Make a plan: Once you find the barriers, address the issues identified in the audit. Start with the most critical issues first.
3. Train Staff: Show your team how to follow the best practices for web accessibility and keep things accessible in the future.
4. Use helpful tools: Frequently test your websites or apps for accessibility with tools like web accessibility monitoring services.
5. Accessibility Partner: Get support from experts who focus on accessibility to make sure you’re following ADA requirements.
6. Stay Updated: Stay updated on WCAG standards and update your websites and apps when needed.
Conclusion

In today’s digital age, web accessibility is non-negotiable. Whether you aim to protect against ADA lawsuits or strive for WCAG 2.2 AA compliance, taking immediate and comprehensive action is vital. At 216digital, we understand the nuances of ADA lawsuits and can help develop a strategy to integrate accessibility into your development roadmap.

Schedule a complimentary ADA Strategy Briefing today to learn more about securing ongoing, real-world accessibility on your terms.
Greg McNeil

January 23, 2024

Legal Compliance

ADA Compliance, ADA Lawsuit, ADA Web Accessibility, ADA Website Compliance, Web Accessibility, web accessibility lawsuits
Mitigating ADA Lawsuit Risk: Affordable Solutions for Online Businesses
Are you worried about your ADA compliance as an online business owner or website manager? If so, you may be aware that many companies have faced lawsuits due to non-compliance with the Americans with Disabilities Act (ADA). These guidelines protect people with disabilities and provide barrier-free access to web content. Failing to comply with these guidelines could lead to costly legal battles. However, achieving full ADA compliance might appear daunting and costly.

The good news is that there are several steps you can take to mitigate the risk of an ADA lawsuit without breaking the bank. In this blog, we will discuss practical and budget-friendly solutions to enhance your website’s accessibility.

The Americans with Disabilities Act

The Americans with Disabilities Act is a civil law that protects the rights of people with disabilities in all areas of public life. While the ADA does not explicitly mention online content, the courts have clarified that the law does apply to websites, specifically Title III. Title III of the ADA prohibits the discrimination of those with disabilities in places of public accommodation.

In fact, in 2010, the Department of Justice (DOJ) stated that websites are public places subject to the ADA’s requirements. Unfortunately, this ruling has exposed millions of online businesses to the risk of a frivolous ADA lawsuit.

What is an ADA Web Accessibility Lawsuit?

An ADA Web Accessibility Lawsuit can be filed by anyone who feels that they have been discriminated against due to the inaccessibility of a website. The consequences of such a lawsuit can be severe, including hefty fines, legal fees, and damage to the business’s reputation.

In recent years, there has been an increase in lawsuits filed against website owners for failing to comply with ADA. In 2022, 2,387 web accessibility lawsuits were filed in Federal and California State Courts under the Unruh Act. However, 97% of demand letters are settled and never evolve into a case. This means plaintiffs sent more than 1,500 demand letters per week in 2022.

As an online business or website owner, it is essential to ensure your website is accessible to everyone, regardless of their disability. By doing so, you can not only avoid legal action but also open yourself up to a wider audience and improve the overall user experience for your customers.

How to Mitigate the Risk of a Website Accessibility Lawsuit

The best way to avoid an ADA lawsuit is to ensure your website is accessible to all users, including those with disabilities. You may not have the time or money to make your site fully compliant, but fear not! There are steps you can take to make your website more accessible:

Conduct a Self-Evaluation

The first step is understanding your website’s current level of accessibility. Conduct a self-evaluation of your website to identify areas where it may not comply with the ADA. This can involve using automated testing tools or manual testing with assistive technologies such as screen readers.

Many free tools are available online to help with this process, such as WAVE (Web Accessibility Evaluation Tool) and Google Lighthouse. These tools will generate reports highlighting areas of your website that need improvement, making it easier to prioritize the most critical issues.

Prioritize High-Impact Issues

Not all accessibility issues carry equal weight. To make the most of your limited time and resources, focus on the high-impact issues that will benefit the most users. These may include:
- Ensuring your website is keyboard-accessible
- Providing alternative text descriptions for images
- Offering clear and concise labels for forms and buttons
- Navigational menus and links
Addressing these areas will significantly improve the user experience for those with disabilities, reducing the likelihood of complaints and lawsuits.

Develop a Plan

Now that you’ve identified and prioritized your website’s accessibility barriers, develop a plan to address them. Break your plan into manageable steps, set realistic deadlines, and allocate resources accordingly. While it might not be possible to address all issues immediately, demonstrating a commitment to improving accessibility can help mitigate legal risks.

Add an Accessibility Statement and Contact Information

Include an accessibility statement to demonstrate your commitment to web accessibility. This can be an essential part of your defense in an ADA lawsuit. Your statement should include information about your commitment to accessibility, steps taken to improve accessibility, and how users can report issues or request accommodations.

Make sure your contact information is easily accessible on your website, allowing users with disabilities to reach out to you with concerns or suggestions.

Be Responsive to Complaints

Addressing accessibility complaints promptly and effectively can demonstrate your commitment to making your website more accessible. If a user reports an issue, take the time to understand their concerns and work to resolve the problem as quickly as possible. In addition, documenting your responsiveness to complaints can be invaluable in case of a legal challenge.

Keep an Eye on Updates

Web accessibility standards and best practices are constantly evolving. Stay informed about updates to the Web Content Accessibility Guidelines (WCAG) and other relevant resources, such as the ADA‘s website. Regularly reevaluate your website to ensure that it remains compliant with current standards.

Get an ADA Lawsuit Risk Audit

Finally, consider investing in a professional ADA lawsuit risk audit. While it may be an additional expense, a professional audit can provide valuable insights into your website’s accessibility status and potential legal risks. An audit can help identify areas that need improvement and provide guidance on how to address them.

Prevent an ADA Website Lawsuit

Achieving full ADA compliance can be challenging, especially for small businesses with limited time and resources. However, it’s essential to keep in mind that, even if you take these steps, it is still possible to be sued for having a website that is not fully compliant with the ADA. But, by taking these steps, you can demonstrate that you are taking the matter seriously and making a good-faith effort to comply with the law. Remember, the key is to be proactive, prioritize high-impact issues, and demonstrate a commitment to accessibility. By doing so, you’ll protect your business from legal exposure and create a more inclusive online experience for all users.

216digital Specializes in Web Accessibility

If you would like to learn more about your risk of an ADA lawsuit and the steps you can take to protect your website against frivolous ADA lawsuits, schedule a complementary ADA Strategy Briefing with 216digital.

216digital’s can let you know whether your website is at risk of an ADA lawsuit and provide professional services dedicated to ensuring your website stays off of the radar of predatory law firms so you can continue focusing on what matters most, running your business.
Greg McNeil

April 28, 2023

Legal Compliance

Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Web Accessibility, ADA Website Compliance, Website Accessibility

Web Accessibility: What to Ask Your Digital Agency

Why It’s Important to Ensure Your Agency Understands Digital Accessibility

When Is the Best Time to Ask Your Agency About Accessibility?

Key Web Accessibility Questions to Ask Your Digital Agency

What Is the Current State of Web Accessibility on Our Website?

What Is Your Approach to Web Accessibility?

How well do you know WCAG 2.1 guidelines?

Do you integrate accessibility into every stage of development?

Do you use both automated and manual testing methods?

How Will You Ensure Accessibility Is Maintained?

Do you offer ongoing accessibility monitoring?

Can you train our team to maintain accessibility?

What is your process for updating the site to stay compliant with new regulations?

How Do You Prioritize Web Accessibility Issues?

How do you determine which issues need immediate attention?

How long will it take to resolve accessibility issues?

What’s Your Experience with Similar Projects?

Have you worked with other companies in our industry?

Can you show us examples of websites you’ve made accessible?

Prioritize Accessibility from the Start

Contact 216digital for Your Accessibility Needs

Choosing the Right Web Accessibility Solution

Understanding Website Accessibility and ADA Conformance

Assessing Your Needs and Goals

Choosing the Right Web Accessibility Solution

Automated Accessibility Tools

Pros of Automated Accessibility Tools

Cons of Automated Accessibility Tools

Manual Audits and User Testing

Pros of Manual Audits and User Testing

Cons Manual Audits and User Testing

Accessibility Overlays and Plugins

Pros Accessibility Overlays and Plugins

Cons Accessibility Overlays and Plugins

Consulting and Professional Services

Pros Consulting and Professional Services

Cons Consulting and Professional Services

216digital’s ADA Remediation Services

Risk Mitigation

Real-World Accessibility

Ongoing Support and Monitoring

Conclusion

Is Your Website Exempt From the ADA?

Understanding the ADA

Do Websites Have to be Accessible?

Are You Exempt From the ADA?

Avoiding Assumptions About User Capabilities

Why Someone Might Access Your Content

Mirrors and the Visually Impaired

The Risks of ADA Non-Compliance

A Step Towards ADA Compliance

Why Federal Web Accessibility Lawsuits Are

New ADA Title II Guidelines: What You Need to Know

What is ADA Title II?

What Are the New Regulations Under Title II?

Who is Affected by This New Rule?

Content Created by Third-party Contractors and Software Vendors

When Will the New Rule Take Effect?

Why Were These Regulations Made Now?

How Will the DOJ Enforce Compliance with ADA Title II?

What Are the Penalties for Non-compliance?

How State and Local Governments Can Achieve Compliance

Could These Updates Impact Private Businesses Eventually?

216digital is Here to Help

Why Accessibility Overlays Might Make You a Target

What is an Overlay Widget?

What Do Accessibility Overlays Claim to Offer?

Accessibility Experts Voicing Concern

What is ADA Compliance?

Why Overlays Are Not Fully Accessible

The Limitations of Accessibility Overlays

Overlays Don’t Protect Against Web Accessibility Lawsuits

Accessibility Overlays Can Make You A Target

Lawsuit Mechanics

Lawsuit Claims

Public Record Evidence

2023 Overlay Litigation Wave

Privacy Concerns

Privacy Concerns and Legal Consequences

What Actions Should Website Owners Take?