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  • What Retailers Can Expect if They Aren’t Accessible

    In today’s digital marketplace, overlooking the accessibility of your website isn’t just a technical oversight—it’s a legal and financial pitfall that could jeopardize your entire business. As consumers increasingly flock to online shopping, retailers have a critical responsibility to ensure their websites are accessible to everyone, including people with disabilities. Failing to meet ADA compliance requirements isn’t just non-compliance; it’s an open invitation to lawsuits, hefty fines, and damaging publicity. The clock is ticking, and the stakes have never been higher. Is your business prepared to face the consequences of an inaccessible website?

    Understanding ADA Compliance and Accessibility Laws

    The Americans with Disabilities Act (ADA) was passed in 1990 to ensure that individuals with disabilities have equal access to public spaces. While the law was initially focused on physical spaces, such as stores and offices, the scope has expanded with the rise of the Internet. Today, many courts interpret the ADA as applying to websites, meaning retailers’ websites must be accessible to people with disabilities, including those who are blind, deaf, or have other impairments.

    ADA Guidelines for Web Accessibility

    Under ADA guidelines, businesses must make reasonable accommodations for disabled individuals by ensuring that their websites are usable by people who rely on screen readers, text-to-speech software, and other assistive technologies. If your website doesn’t meet these requirements, you might find yourself at risk for a lawsuit.

    What Are the Legal Risks for Retailers?

    If your website isn’t accessible, your business could be exposed to legal action. Retailers face the possibility of demand letters from law firms representing plaintiffs with disabilities. These letters often demand that companies make changes to their websites and may include a settlement request to avoid a lawsuit. A formal lawsuit could follow if these demands are ignored or if the retailer refuses to comply with ADA compliance.

    Common Accessibility Issues in Lawsuits

    • Images without Alt Text: Alt text describes the content of an image for screen readers. Missing alt text excludes visually impaired users from critical information.
    • Unlabelled Form Fields: Forms need clear labels and instructions for accessibility. Missing labels can lead to frustration and abandoned purchases.
    • Unclear or Missing Headings: Headings help organize content, making it easier for visually impaired users to navigate.
    • Non-Keyboard Accessible Navigation: Some users rely on keyboard shortcuts instead of a mouse. Websites not designed for keyboard navigation can exclude these users.

    The Cost of Non-Compliance

    So, what happens when a retailer faces a lawsuit or demand letter for not meeting ADA compliance?

    Legal Costs

    Defending against a lawsuit can be expensive, even if you ultimately win. The average cost of defending a web accessibility lawsuit can run tens of thousands of dollars. This does not include legal fees for settlements or necessary website updates.

    Settlements

    Many retailers choose to settle lawsuits rather than risk the expense and uncertainty of court. Settlement amounts can vary but often reach six figures. Additionally, companies must typically commit to updating their website for compliance, further adding to costs.

    Fines

    While the ADA itself doesn’t specify fines, related laws, like the Rehabilitation Act, require federal agencies to ensure accessibility. Violations can lead to significant fines, especially for businesses that accept federal funds or contracts.

    Damage to Brand Reputation

    Beyond legal costs, lawsuits over website accessibility can damage a brand’s reputation. A public lawsuit can erode consumer trust, lead to negative media coverage, and even cause loyal customers to lose faith in the inclusivity of your business.

    Loss of Customers and Sales

    The financial impact doesn’t stop with legal costs. Inaccessible websites exclude millions of potential customers, especially those with visual impairments. Poor user experiences can lead to lost sales and customer frustration.

    Big Brands, Bigger Penalties

    Web accessibility is no longer a theoretical risk—it’s a pressing reality affecting retailers across industries. In recent years, well-known brands have faced significant legal challenges for not meeting ADA compliance standards, underscoring the tangible consequences of non-compliance. Notable cases include:

    Target Corporation Settlement

    In a landmark 2006 case, the National Federation of the Blind (NFB) sued Target Corporation, arguing that its website’s inaccessibility violated the ADA, barring blind users from equal access to online services. This case culminated in a $6 million settlement in 2008, with Target committing to WCAG 2.0 standards. The settlement set a powerful precedent, establishing that websites are indeed extensions of physical stores and must comply with ADA standards.

    Beyoncé’s Parkwood Entertainment

    In 2019, a lawsuit against Parkwood Entertainment—the company managing Beyoncé’s official website—brought celebrity and entertainment sites into the accessibility spotlight. The case highlighted key issues, like missing alt text and inaccessible navigation, underlining that ADA compliance requirements extend to all online sectors.

    Dick’s Sporting Goods

    In 2021, Dick’s Sporting Goods faced a lawsuit over a lack of accessible design elements, from missing alt text to insufficient screen reader support. This case reaffirmed that even leading retailers are vulnerable if they overlook essential accessibility features.

    A Surge in Accessibility Lawsuits and the E-Commerce Sector

    The growing number of lawsuits drives home the urgency for retailers to proactively address web accessibility. According to Useablenet in 2023 alone, more than 4,600 ADA-related website accessibility cases were filed, with 82% targeting the retail sector. As consumers increasingly rely on online shopping, accessibility becomes essential for retailers to stay competitive and inclusive.

    Why E-Commerce Faces Elevated Legal Risks

    Retailers with online sales channels, particularly in e-commerce, face intensified scrutiny as customers with disabilities encounter persistent barriers to shopping online. According to the U.S. Center of Disease Control, 7.6 million Americans with visual impairments struggle with inaccessible websites, translating to missed revenue opportunities. By not prioritizing accessibility, e-commerce retailers risk losing out on an estimated $7 trillion in annual spending from the global disability market.

    The message is clear: the cost of non-compliance is high, and accessibility lawsuits are on the rise. For retailers, these cases underscore the importance of making accessibility a strategic priority to safeguard brand reputation and revenue alike.

    How to Avoid the Legal Pitfalls

    If you’re a retailer, the best way to avoid legal issues is to proactively make your website accessible. Here’s how to get started:

    Conduct an Accessibility Audit

    Use accessibility tools or hire an expert to evaluate your website. Many free and paid tools are available to help identify common accessibility issues.

    Follow WCAG Guidelines

    The Web Content Accessibility Guidelines (WCAG) set the standard for web accessibility, covering elements like text readability, video captioning, and more.

    Train Your Team

    Ensure that your website’s content managers are trained in accessibility best practices, helping you avoid common errors and keep your site compliant with updates.

    Stay Informed

    Accessibility laws and best practices are evolving, so it’s essential to stay updated on the latest requirements and trends.

    Secure Your Website’s Future

    ADA compliance isn’t just a legal obligation—it’s an opportunity to make your website more inclusive and accessible to a wider audience. Retailers who fail to make their websites accessible face serious legal risks, including lawsuits, legal fees, and damage to their brand’s reputation. On the flip side, ensuring your website is accessible to all users can boost customer trust, loyalty, and, ultimately, sales. By taking the necessary steps to make your website compliant with ADA standards, you protect your business and demonstrate your commitment to inclusivity.

    So, take action today to ensure your website is accessible. Your customers—and your bottom line—will thank you!

    For personalized guidance on making your website ADA compliant, reach out to 216digital for an ADA briefing. Our experts are here to help you navigate the complexities of web accessibility and secure your business against potential legal risks.

    Greg McNeil

    November 11, 2024
    Legal Compliance
    Accessibility, ADA Compliance, ecommerce website, Retail, Web Accessibility
  • Digital Accessibility Should Be of Every eCommerces’ Christmas List

    ‘Tis the season for eCommerce businesses to sleigh with their hottest sales of the year. Shoppers everywhere are searching for that perfect gift, making it one of the most lucrative times of the year for online retailers. But there’s a crucial part of the market that many are overlooking—digital accessibility. Ignoring this can mean missing out on a significant number of shoppers and facing potential legal issues. In 2021, businesses lost over $828 million due to websites that weren’t accessible, excluding valuable customers and risking their brand’s reputation.

    Meeting digital accessibility standards isn’t just a nice-to-have; it’s a must, especially this year when the stakes are even higher. With inflation rising and economic uncertainty looming, shoppers are expected to be pickier about where they spend their money online. ISo, is your business ready to meet this challenge and unwrap its full potential?

    Competitive Advantage: Stand Out in a Crowded Market

    Since the COVID-19 pandemic, online sales have soared. In 2020 and 2021 alone, retailers made an extra $219 billion because more people shopped online. With so many online stores competing for shoppers’ attention during the holidays, you need to find ways to make your brand stand out. A 2022 report from WebAIM found that about 98% of top websites don’t meet basic accessibility standards. This leaves a lot of business up for grabs, giving you a huge chance to get ahead.

    According to the CDC, one in four adults in the United States has a disability. During the holiday season, making your website accessible isn’t just something nice to do—it’s a way to reach millions of potential customers who might have trouble shopping online otherwise. By investing in digital accessibility, you turn your site into a welcoming, easy-to-use place that encourages more shoppers to stay, look around, and make purchases.

    Reach a Larger Customer Base That’s Ready to Shop

    Many people assume that digital accessibility only helps a small group, but this couldn’t be further from the truth. People with disabilities and older adults are often powerful consumers, especially during the holidays when everyone is buying gifts. If you ignore the huge spending power of the disability community, you miss out on a massive potential customer base. Making your website accessible ensures that people with disabilities can navigate and shop on your site, expanding your customer base and showing inclusivity.

    Consider how many sales you could lose if your website isn’t accessible to everyone. Research shows that difficulties with web accessibility could cost your business $8 billion in holiday revenue. The good news is that you can avoid this loss by making your site inclusive and accessible.

    Digital Accessibility for People with Disabilities

    Over 1 billion people around the world live with some form of disability. In the U.S. alone, about 26% of adults have a disability—that’s one in four adults, according to the CDC. These consumers have more than $175 billion in spending money. By prioritizing digital accessibility,  you’re opening your online store to millions of potential customers who might be unable to use your site otherwise. 

    These customers are eager to join in holiday shopping, and by making your site accessible, you’re welcoming them in. Research from the American Institutes for Research shows that people with disabilities have about $490 billion in disposable income. Including older adults, who also benefit from accessibility improvements, makes this potential customer base even bigger.

    Older Buyers are Big Spenders

    Many older shoppers, who might have vision challenges or limited mobility, look for websites that are easy to read and use. Simple changes like adjustable text sizes, high-contrast display options, and easy navigation make a big difference for this group. According to AARP, adults over 50 contribute over $7.6 trillion to the economy annually, making up 41% of all online shopping. By making your website more accessible, you can attract their holiday spending and build lasting customer loyalty.

    The Digital Accessibility That Makes a Difference

    What turns a brief visit into a sale? The experience. 

    Today’s shoppers are more selective than ever. They expect high-quality products and seamless online shopping. A 2022 report from IBM notes: “Shopping must be fast and efficient some of the time, rich and experiential other times, and always easy and intuitive. What’s more, consumers expect companies to cater to their needs and live up to their social and environmental responsibility claims.” 

    The Challenges Shoppers with Disabilities Face

    How easy your website is to use depends on its accessibility. So, what problems might prevent gift buyers with disabilities from becoming your customers?

    • 20% had issues creating an account or logging in to the website.
    • 39% couldn’t find the information they needed about a product or service.
    • 38% had problems with online purchasing and couldn’t contact customer service for help.
    • 28% couldn’t interact with the website to select the items they wanted.
    • 25% had issues with checking out and completing the payment process.

    The truth is that an accessible website isn’t just for people with disabilities; it benefits everyone. Features like intuitive navigation, readable text, keyboard navigation, and easily clickable buttons improve the user experience for all. For example, video captions not only help those with hearing impairments but also benefit users in a noisy environment or who prefer to read along. When your website is easy to use, you can expect higher conversion rates, which can make a big difference during holiday shopping.

    Creating a Positive Brand Image

    Your brand reputation is about the relationship you have with your customers and the promises you make every day. People want to shop at brands that share their values. They want to spend money with companies that are doing good in the world and taking a stand—whether it’s in sustainability, climate change, or digital accessibility.

    According to a 2022 report from Google Cloud, shared values are more important to consumers than ever before. A striking 82% of shoppers prefer brands that align with their personal values. Even more telling, three out of four buyers said they’ve stopped supporting brands when their values didn’t match. Clearly, meeting these expectations is vital for building and maintaining customer loyalty.

    Your website is a crucial part of your brand. It shows where you choose to invest your budget and whether you care about diversity and inclusion. It paints a clear picture of whether you care about creating an easy and accessible shopping experience. Are you creating a welcoming experience? Or are you causing frustration and losing out on a large, powerful customer base?

    Higher Conversion Rates

    Accessibility features can directly influence your sales. A well-designed site makes shopping easy, which reduces cart abandonment and increases completed purchases. In fact, a Forrester study found that accessible websites can increase online sales by up to 15%.

    Features like intuitive navigation, alternative text for images, and clear call-to-action buttons attract more users and guide them through to purchase. The Web Accessibility Initiative (WAI) notes that accessible websites can reach up to 10% more customers and improve SEO.

    Digital Accessibility is a Must-Have

    Digital accessibility isn’t just about doing what’s right or keeping customers happy—it’s also a legal necessity. E-commerce websites face growing scrutiny, with web accessibility lawsuits on the rise. In 2023 alone, 4,605 web accessibility lawsuits were filed in both Federal and State Courts. The retail sector was hit the hardest, making up nearly 82% of all ADA-related web accessibility cases.

    The Americans with Disabilities Act (ADA) requires businesses to provide equal access to their goods and services, extending beyond physical stores to include online spaces. Not meeting these standards can lead to expensive legal issues, harm your reputation, and weaken consumer trust. As you prepare your website for the holiday season, neglecting digital accessibility could expose your business to significant risks.

    Prepare Your Website for the Holidays with 216digital

    Preparing your e-commerce site for the holiday season means more than just stocking up on inventory and marketing deals. It’s about making sure your site is accessible to everyone. At 216digital, we specialize in helping e-commerce websites meet digital accessibility standards. From thorough audits to ongoing support and monitoring, we’re here to help you create an inclusive, user-friendly site.

    Don’t wait until it’s too late to make your website accessible, or yule be sorry. The holiday rush is the perfect time to ensure your site welcomes all customers. With digital accessibility, you’re not only complying with the law—you’re setting your business up for success.

    Greg McNeil

    October 25, 2024
    The Benefits of Web Accessibility
    digital accessibility, ecommerce website, holiday promotions, Retail
  • Retail Accessibility: Avoiding Common Pitfalls

    The internet is overflowing with retail opportunities, but one crucial element often gets overlooked: accessibility. For online retailers, making your website accessible isn’t just about complying with legal requirements—it’s about expanding your customer base and delivering a better shopping experience for everyone. So, how can you ensure your online store is open to all shoppers and avoid common accessibility pitfalls? Let’s dive into the essentials.

    Why Accessibility Matters for Online Retailers

    Web accessibility means making sure everyone, including people with disabilities, can easily use and navigate your site. In the world., about 15% of the population lives with some form of disability. By ensuring your website is accessible, you’re tapping into a market with immense buying power—people with disabilities control over $6 trillion in spending globally!

    But beyond opening your business to a broader audience, accessibility is also about staying compliant with laws like the Americans with Disabilities Act (ADA). In 2023, 82% of ADA lawsuits were related to web accessibility issues in the retail industry, affecting both large and small businesses alike. If your website isn’t accessible, you’re not just missing out on customers—you could also be facing legal risks.

    The Web Accessibility Guidelines

    The Web Content Accessibility Guidelines (WCAG) are the foundation for creating an accessible website. These guidelines revolve around four main principles, often referred to as POUR:

    • Perceivable: Content must be presented in a way that all users can perceive, whether visually or audibly.
    • Operable: Your site should be fully navigable, whether users are using a mouse, keyboard, or assistive technologies.
    • Understandable: Your content should be easy to comprehend and navigate.
    • Robust: Your website should work well with a variety of assistive tools, like screen readers.

    For retailers, aiming for WCAG 2.1 Level AA compliance is a great starting point, and it’s the level referenced by most legal frameworks for web accessibility.

    Steps for Online Retailers to Improve Accessibility Right Now

    Improving your website’s accessibility might sound like a big task, but it’s more manageable than you think. Here are some quick and effective steps to make your site web accessible:

    Auditing Retail Sites for Accessibility Issues

    The first step is knowing where your site stands. Start with automated tools like Lighthouse or WAVE to flag common issues, such as missing image descriptions or poor color contrast. Then, dive deeper with manual testing, working with accessibility experts to uncover more subtle barriers, like challenges with forms or navigation.

    Make Visual Content Accessible

    People with visual impairments rely on alt text to understand images, so be sure to include detailed alt descriptions for all meaningful visuals. For example, instead of a vague description like “product,” use something more specific like “Blue ceramic coffee mug with a handle.” This simple change helps users with screen readers understand what’s being shown.

    Don’t forget about video content! WCAG guidelines require captions for pre-recorded audio in videos. Ensure that auto-generated captions, like those from YouTube, are accurate, and provide transcripts for podcasts to make all media accessible.

    <img src="coffee-mug.jpg" alt="Blue ceramic coffee mug with a handle">
    <video controls>
      <track kind="captions" src="captions_en.vtt" srclang="en" label="English">
    </video>

    Optimize Website Navigation and Structure

    Some users navigate your site without a mouse, relying solely on their keyboard. Make sure your site can be fully navigated using just a keyboard, with elements like menus, buttons, and forms accessible through “tab” key navigation. Also, ensure every interactive element has a visible focus indicator, like a border around buttons or links, so users can easily see where they are on the page.

    button:focus, a:focus {
      outline: 2px solid #ffcc00; /* Provides a visible focus indicator */
    }

    Improve Form Accessibility

    Checkout forms can be a stumbling block for accessibility, especially if they aren’t screen reader-friendly. Make sure all form fields have clear labels and that error messages don’t rely solely on color. For example, instead of just using a red outline to indicate a required field, include a text message like “This field is required” to make the error clear for all users.

    <form>
      <label for="email">Email:</label>
      <input type="email" id="email" name="email" required>
      <span class="error" role="alert">This field is required</span>
    </form>

    The Retail Shopping and Checkout Process

    Imagine trying to check out but not knowing where you are in the process—frustrating, right? Break your checkout process into clear, labeled steps and ensure it’s compatible with assistive technologies. Also, consider adding alternative payment methods like PayPal, Google Pay, or Apple Pay to improve usability for all customers.

    To meet WCAG SC 2.4.4 standards, you can use visual breadcrumbs or progress indicators to let users know where they are in the checkout process.

    <nav aria-label="Breadcrumb">
      <ol>
        <li><a href="/cart">Cart</a></li>
        <li><a href="/shipping">Shipping</a></li>
        <li aria-current="page">Payment</li>
      </ol>
    </nav>

    Implement ARIA Landmarks and Roles

    ARIA (Accessible Rich Internet Applications) landmarks and roles help assistive technologies identify key sections of your page. For instance, wrapping your site’s header in a role="banner" helps screen readers identify it as the main header, making it easier for users to navigate through your site.

    <header role="banner">
      <nav role="navigation">
        <ul>
          <li><a href="/home">Home</a></li>
          <li><a href="/products">Products</a></li>
        </ul>
      </nav>
    </header>

    Testing and Ongoing Monitoring for Retailers

    Web accessibility isn’t a one-time fix—it’s an ongoing process. Retail websites are constantly changing. Regular testing and monitoring are essential to ensuring that those updates or changes to your site don’t introduce new accessibility barriers. Tools like 216digital’s a11y.Radar can help you stay on top of accessibility issues with automated scans and detailed reports, making it easier to maintain a compliant and user-friendly website as new content is added.

    Partnering with Accessibility Experts

    If all of this sounds overwhelming, you don’t have to go it alone. Partnering with accessibility experts can fast-track your progress. Whether you need a thorough audit, code remediation, or ongoing support, companies like 216digital specialize in helping retail sites meet web accessibility standards. They can ensure your site is not only compliant but also delivers a seamless, enjoyable shopping experience for all users.

    Accessibility Overlays: A Quick Fix or a Long-Term Solution?

    You might have heard about accessibility overlays—tools that promise a quick fix for all your accessibility needs. While these overlays might sound tempting, they often fall short. Overlays can miss deeper, underlying issues with your website’s code and design, leaving you vulnerable to ADA lawsuits. In fact, 933 companies were sued last year after installing overlay solutions and many accessibility experts caution against relying on them as a long-term solution.

    Instead, focus on making meaningful changes to your website’s design and functionality. Overlays might be a temporary patch, but they shouldn’t replace a full accessibility strategy.

    Check Accessibility Off Your Shopping List

    By making your website accessible, you’ll not only increase your customer base but also create a better shopping experience for everyone. Accessibility is a journey, and it’s one worth taking. Follow the steps outlined above, test your site regularly, and don’t hesitate to partner with experts to ensure your site stays compliant and user-friendly.

    To help you get started on the right path, consider scheduling an ADA briefing with 216digital. Our team of experts can walk you through the latest accessibility guidelines, provide actionable insights, and show you how to ensure your site complies with ADA standards.

    Online shopping should be for everyone, so let’s make it happen together!  

    Greg McNeil

    October 16, 2024
    How-to Guides, Legal Compliance, WCAG Compliance
    Accessibility, ADA Compliance, ADA Website Compliance, ecommerce website, Retail, WCAG
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