web accessibility lawsuits Archives /Tag

Avoid ADA Lawsuits: Lessons from Big Companies
Over the past few years, many well-known companies have faced lawsuits under Title III of the Americans with Disabilities Act (ADA) for failing to make their websites accessible. From retail giants like Nike and Target to entertainment brands like Beyoncé’s Parkwood Entertainment, these companies have all encountered legal challenges due to non-compliant websites.

These cases provide an important lesson for website owners and content creators: web accessibility is not just a risk for big corporations but especially those running small businesses. Small companies are quickly becoming targets for Title III lawsuits as well. But by proactively making your website accessible, you can avoid legal trouble and enjoy several long-term benefits.

Let’s examine some of the big companies that have been sued over website accessibility and how small businesses can protect themselves.

1. Winn-Dixie: The ADA Case that Set the Standard

Winn-Dixie was one of the first major brands to face a Title III lawsuit over website accessibility. In 2017, a blind customer sued the grocery chain because its website wasn’t compatible with screen reader software. The court ruled in favor of the plaintiff, marking a major precedent for future cases. This case highlighted how even websites that aren’t strictly e-commerce-based can be required to meet ADA standards.

2. Domino’s Pizza: The Fight Over Online Ordering

Domino’s Pizza was sued because a blind customer couldn’t use their website and app to order food. The case gained national attention when it reached the U.S. Supreme Court in 2019. Domino’s argued that the ADA didn’t apply to websites, but the Supreme Court declined to hear the case, leaving the lower court ruling in favor of the plaintiff. The lesson? ADA Title III applies to digital spaces just as much as physical locations.

3. Nike: Accessibility in the Retail Space

Nike was sued for having an inaccessible website that prevented visually impaired users from making purchases. The company quickly settled the case and implemented changes, demonstrating that the cost of fighting a lawsuit can be much higher than simply fixing accessibility issues upfront.

4. Blue Apron: The Subscription Service Challenge

Blue Apron, a meal-kit delivery service, faced a lawsuit when a blind customer was unable to sign up because the website didn’t work with screen readers. Blue Apron’s case showed that even digital-first businesses are vulnerable to accessibility claims.

5. KitchenAid: The Importance of Universal Access

KitchenAid, known for its appliances, was sued after a visually impaired user couldn’t navigate their website to access product information. This case underscores that accessibility isn’t just about e-commerce; it also includes providing equal access to all the content and information on your website.

6. Fox News Network: ADA in Online Media

Even media companies aren’t immune. Fox News faced a lawsuit for not making its website accessible to people with visual impairments. News outlets, entertainment brands, and other content-heavy websites should ensure that their pages are fully compliant with ADA guidelines.

7. Beyoncé’s Parkwood Entertainment: Entertainment and Inclusivity

In 2019, a visually impaired woman sued Beyoncé’s Parkwood Entertainment, claiming that her website wasn’t accessible with screen readers. This case shows that artists, musicians, and entertainment companies are also responsible for making sure their digital content is inclusive for all.

8. H&R Block: Financial Services

Tax preparation giant H&R Block was sued over their inaccessible website. The company settled by agreeing to make its site accessible and compliant with the Web Content Accessibility Guidelines (WCAG). This case demonstrates that financial services are held to the same standards as retail or entertainment when it comes to web accessibility.

9. Burger King: Fast Food, Fast Accessibility Fixes

Burger King was sued when a visually impaired customer couldn’t use its website to place an order. Like many companies, Burger King settled the case by agreeing to fix its accessibility issues rather than dragging out a lengthy court battle.

10. Target: A Retailer Making ADA a Priority

Target was sued in 2006 and eventually settled, becoming one of the first major retailers to make their website fully accessible. Their case set an early example that many other companies have followed.

How Small Businesses Are Becoming Targets for ADA Lawsuits

While these cases involved large companies, small businesses are increasingly being targeted by ADA Title III lawsuits. This shift is largely due to the rise in website accessibility lawsuits in general, which have grown significantly in recent years. Small businesses are often seen as easier targets because they may lack the resources to fight a lawsuit or may be unaware of their legal obligations under the ADA.

The reality is that no business is too small to be sued over website accessibility. This means that whether you’re running a local boutique or a nationwide e-commerce store, you need to be proactive about making your site accessible.

The Benefits of Web Accessibility

Beyond avoiding lawsuits, making your website accessible offers several benefits:
- Broaden Your Audience: An accessible website can be used by people with disabilities, which represents a significant portion of the population. By making your site accessible, you’re opening your business to more customers.
- Improved SEO: Many accessibility improvements, like proper alt text for images, can also boost your search engine ranking.
- Enhanced User Experience: Accessibility improvements often go hand-in-hand with usability improvements, making your site easier to navigate for all users.
- Positive Brand Reputation: By demonstrating that your business values inclusivity, you can enhance your brand’s reputation and build customer loyalty.
How to Calculate Your Return on Investment (ROI)

When thinking about the cost of making your website accessible, it’s important to consider the return on investment (ROI). While the upfront cost of an accessibility audit or remediation might seem high, the long-term benefits far outweigh the cost of a lawsuit.

To calculate your ROI for ADA Compliance, consider:
1. Initial Accessibility Audit: This will tell you where your site currently stands and what changes need to be made. The cost will vary depending on the size and complexity of your website.
2. Implementation Costs: These are the costs associated with fixing the accessibility issues identified in the audit. Again, this can vary but should be viewed as an investment in future-proofing your business.
3. Avoided Lawsuits: The cost of fighting a Title III lawsuit can be substantial, both financially and reputationally. By being proactive, you can avoid these costs altogether.
4. Expanded Customer Base: More accessible websites mean more potential customers. The boost in revenue can quickly outweigh the costs of compliance.
How Being Proactive with Web Accessibility Offers an Incredible ROI

The companies mentioned earlier learned the hard way that it’s always better to be proactive rather than reactive when it comes to website accessibility. Fixing accessibility issues after a lawsuit is filed is much more expensive than addressing them upfront. Not to mention, proactively making your website accessible can help you avoid the reputational damage that often accompanies ADA lawsuits.

Protect Your Online Business

Don’t wait for a lawsuit to take action on web accessibility. Get ahead of potential risks by ensuring your site is compliant now. At 216digital, we’re here to help you navigate the complexities of ADA compliance and safeguard your business. Schedule a personalized ADA briefing with us today to understand how you can protect your online presence, avoid costly lawsuits, and expand your customer base through an accessible website. Let’s future-proof your business together—schedule your ADA briefing now!
Greg McNeil

September 27, 2024

Legal Compliance

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

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

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

Why Web Accessibility Matters

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

Web Content Accessibility Guidelines (WCAG)

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

ADA and Web Accessibility

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

ADA Compliance and Legal Consequences

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

ADA Lawsuits

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

Case Study: Robles v. Domino’s Pizza

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

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

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

Financial Penalties

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

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

Case Study: Target Corporation Settlement

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

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

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

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

Case Study: Beyoncé’s Parkwood Entertainment

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

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

Mitigating Legal Risks: Proactive Steps for ADA Compliance

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

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

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

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

September 12, 2024

Legal Compliance

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

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

Overview of the Decrease in Federal Web Accessibility Lawsuits

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

Increased Judicial Scrutiny Influences the Shift

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

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

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

Judges Now Demand More Detailed Claims

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

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

Recent Defense Victories Prompt Shifts to State Courts

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

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

The Impact on Filing Volumes

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

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

Practical Steps to Improve Web Accessibility

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

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

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

August 13, 2024

Legal Compliance

ADA Lawsuits, ADA non-compliance, digital accessibility, Web Accessibility, web accessibility lawsuits, Website Accessibility
What CFOs Need to Know to Mitigate the Risk of Digital ADA Lawsuits
As the digital landscape becomes more integral to business operations, the responsibilities of a Chief Financial Officer (CFO) have expanded beyond traditional financial oversight. One area that garnered significant attention is mitigating risks associated with digital Americans with Disabilities Act (ADA) lawsuits. These lawsuits are on the rise and pose a legal threat as well as a financial and reputational one. For CFOs in Corporate America, understanding how to navigate these risks is crucial.

The Rise of Digital ADA Lawsuits

The ADA was enacted in 1990 to ensure equal access to public spaces for individuals with disabilities. While initially focused on physical locations, the ADA has evolved to include the digital realm. As more businesses operate online, websites and mobile applications are increasingly considered “public spaces” under the ADA. Companies must ensure that their digital platforms are accessible to people with disabilities.

Failure to comply with these requirements can result in costly lawsuits. In recent years, there has been a significant increase in digital ADA lawsuits, with thousands of cases filed annually. These lawsuits often target companies with websites or apps that are not accessible to individuals with disabilities, such as those with visual, auditory, or cognitive impairments.

Why CFOs Should Be Concerned About ADA Lawsuits

CFOs are responsible for managing their organization’s financial health, which includes mitigating risks that could lead to financial loss. Digital ADA lawsuits represent a significant risk for several reasons:
1. Financial Penalties: Non-compliance with ADA requirements can result in substantial fines and legal fees. These costs can quickly escalate, mainly if a company is involved in multiple lawsuits. For example, businesses that violate Title III of the ADA may face a maximum civil penalty of $75,000 for a first violation. Subsequent violations have been seen with up to a $150,000 fine.
2. Reputational Damage: In today’s socially conscious environment, failing to provide accessible digital experiences can harm a company’s reputation. Negative publicity from an ADA lawsuit can lead to losing customer trust and loyalty, ultimately affecting the bottom line.
3. Operational Disruption: ADA lawsuits can be time-consuming and disruptive to business operations. Companies may need to divert resources to address the legal proceedings and change their digital platforms.
4. Market Competitiveness: Companies prioritizing digital accessibility are better positioned to reach a broader audience, including the estimated 26% of the U.S. population living with a disability. This can provide a competitive advantage in the marketplace.
Critical Steps to Mitigating Digital ADA Lawsuit Risks

CFOs are critical in mitigating the risks associated with digital ADA lawsuits. They can help protect their organization from legal action by taking proactive steps and ensuring compliance with ADA requirements. Here are the key steps CFOs should consider:

Conduct a Comprehensive Accessibility Audit

The first step in mitigating ADA risks is to understand the current state of your organization’s digital accessibility. This involves conducting a comprehensive accessibility audit of your website, mobile apps, and other digital platforms. An audit will identify areas where your digital assets fall short of ADA compliance and provide a roadmap for remediation.

There are different types of accessibility audits, ranging from automated scans to manual testing by accessibility experts. While automated tools can quickly identify some issues, manual testing is essential for detecting more nuanced problems that automated tools might miss. A combination of both methods is often the most effective approach.

Implement a Remediation Plan

Once the audit is complete, the next step is implementing a remediation plan to address the identified issues. This plan should prioritize the most critical accessibility barriers and outline a timeline for making the necessary changes. It’s essential to involve key stakeholders, including web developers, content creators, and legal teams, in the remediation process to ensure that all aspects of digital accessibility are covered.

Establish Ongoing Monitoring and Maintenance

Digital accessibility is not a one-time project; it requires ongoing monitoring and maintenance. As your organization updates its digital platforms, new accessibility issues may arise—regular accessibility audits and monitoring tools, such as 216digital‘s a11y. Radar can help ensure that your digital assets remain compliant over time.

Ongoing monitoring is also essential for preventing frivolous ADA lawsuits. By maintaining a high level of digital accessibility, your organization can demonstrate its commitment to compliance, making it less likely to be targeted by opportunistic lawsuits.

Integrate Accessibility into Your Business Strategy

CFOs should advocate for integrating digital accessibility into the broader business strategy. This includes incorporating accessibility considerations into the design and development processes of new digital products and services. By making accessibility a core component of your organization’s digital strategy, you can reduce non-compliance risk and create a more inclusive user experience.

Stay Informed About Legal Developments

The legal landscape surrounding digital ADA compliance is continually evolving. CFOs must stay informed about changes in regulations, court rulings, and best practices for digital accessibility. This knowledge will enable you to anticipate potential risks and proactively mitigate them.

Partnering with legal experts who specialize in ADA compliance can also be beneficial. These professionals can guide the latest developments and help ensure your organization’s digital assets align with current legal requirements.

Build a Culture of Accessibility

Finally, fostering a culture of accessibility within your organization is critical to long-term compliance. This means educating employees about the importance of digital accessibility and providing them with the tools and training they need to create accessible content and experiences.

CFOs can lead by example by championing accessibility initiatives and allocating the necessary resources to support them. By embedding accessibility into your organization’s culture, you can create a sustainable approach to compliance that extends beyond the minimum legal requirements.

Wrapping Up

As CFOs in Corporate America, mitigating the risk of digital ADA lawsuits is a critical responsibility. By conducting thorough accessibility audits, implementing effective remediation plans, establishing ongoing monitoring, and integrating accessibility into the business strategy, CFOs can protect their organizations from legal, financial, and reputational harm. Moreover, by building a culture of accessibility, they can position their companies as leaders in inclusivity, ultimately driving long-term success.

Digital accessibility is not just a legal obligation; it’s a business imperative to enhance your company’s reputation, expand its customer base, and ensure compliance in an increasingly complex regulatory environment. Taking proactive steps today can save your organization from costly lawsuits and contribute to a more inclusive digital world for everyone.

Ready to take the next step? Schedule a complimentary ADA Strategy Briefing with 216digital today and start building a more accessible future for your company.
Greg McNeil

August 9, 2024

Legal Compliance

ADA, ADA Compliance, ADA Lawsuit, ADA Lawsuits, digital accessibility, Web Accessibility, web accessibility lawsuits, Website Accessibility
How CTOs Can Mitigate the Risk of ADA Lawsuits
As the Chief Technology Officer (CTO) in a corporate environment, you bear a significant responsibility: overseeing the technological backbone of your organization. This Role has evolved beyond managing IT infrastructure and software development in today’s digital landscape. One critical aspect that demands your attention is digital accessibility—a legal and ethical obligation that, if neglected, can expose your organization to the growing threat of digital ADA (Americans with Disabilities Act) lawsuits.

Understanding the Digital ADA Landscape

The ADA, enacted in 1990, was initially intended to ensure that people with disabilities have equal access to public spaces. With the digital revolution, this principle has extended to the online world, mandating that websites, mobile apps, and other digital assets be accessible to all users, including those with disabilities. In recent years, lawsuits have been filed targeting companies whose digital properties are not compliant with the ADA. These lawsuits allege that inaccessible websites and apps discriminate against users with disabilities, violating the ADA’s principles.

The Rising Tide of Digital ADA Lawsuits

The number of digital ADA lawsuits has skyrocketed over the past few years. In 2023 alone, plaintiffs filed 4,605 federal and state-filed ADA-related digital lawsuits across the United States. This trend shows no sign of slowing down, with organizations of all sizes—small businesses to Fortune 500 companies—finding themselves in litigation.

What’s driving this surge? Several factors contribute:
1. Increased Awareness and Advocacy: Disability advocacy groups are more vocal than ever, raising awareness about digital accessibility issues and encouraging individuals to take legal action.
2. Legal Precedents: Courts have increasingly ruled that websites and other digital platforms are extensions of physical spaces and must be accessible under the ADA.
3. Regulatory Scrutiny: The Department of Justice (DOJ) has clarified that digital accessibility is a priority, further emboldening plaintiffs to file lawsuits, stating:
4. “…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)
5. Automation of Legal Processes: Some law firms leverage automation to identify non-compliant websites and initiate lawsuits at scale, making pursuing such cases more accessible and lucrative. In fact, the top 10 plaintiff law firms in 2023 account for more than 80% of all federally filed cases.
The Financial and Reputational Risks

For CTOs, the implications of a digital ADA lawsuit are significant. The financial costs can be staggering, including legal fees, settlement amounts, and the expenses associated with remediating your digital properties to meet compliance standards. Additionally, there is the risk of punitive damages, mainly if your organization is found to have willfully ignored accessibility requirements.

Beyond the financial impact, there is also the potential damage to your organization’s reputation. A lawsuit can tarnish your brand image, leading to negative press coverage and losing trust among consumers, partners, and investors. In a world where corporate responsibility and inclusivity are increasingly valued, failing to prioritize digital accessibility can undermine your organization’s standing in the marketplace.

Key Areas of Vulnerability for a ADA Lawsuits

As CTO, you must recognize the key areas where your organization may be vulnerable to digital ADA lawsuits:
1. Website Accessibility: Your organization’s website is often the primary target of ADA lawsuits. Key issues include missing alt text for images, poor keyboard navigation, and a need for compatibility with screen readers. Even minor oversights can lead to significant legal trouble.
2. Mobile Applications: With the rise of mobile-first strategies, ensuring your apps are accessible is crucial. This includes providing text alternatives for non-text content and ensuring that all interactive elements are readily usable by individuals with disabilities.
3. Digital Documents: PDFs, Word documents, and other downloadable files on your website must be accessible. This means using proper tagging, ensuring screen readers can interpret content accurately, and providing alternative formats when necessary.
4. E-commerce Platforms: If your organization operates an online store, the checkout process must be fully accessible. Issues such as inaccessible forms, missing labels, and problematic error messages can expose your organization to legal action.
5. Third-Party Integrations: Any third-party tools or plugins used on your website or app must also be accessible. Relying on non-compliant third-party solutions does not absolve your organization of liability.
Proactive Measures to Mitigate Risk

Mitigating the risk of digital ADA lawsuits requires a proactive approach. As CTO, you are pivotal in implementing strategies that ensure your digital properties are compliant and accessible. Here’s how to get started:
1. Conduct a Comprehensive Accessibility Audit: Conduct a thorough audit of your digital properties. This should include both automated and manual testing to identify accessibility issues. Automated tools can quickly highlight apparent problems, while manual testing ensures that the most nuanced matters are caught. Partnering with a firm like 216digital can give you the expertise needed to conduct a robust audit.
2. Implement Accessibility Remediation: Once the audit is complete, prioritize the remediation of identified issues. This may involve updating your website’s code, redesigning certain elements, or working with third-party vendors to ensure their tools are accessible. Remember, accessibility is an ongoing process, not a one-time fix.
3. Adopt an Accessibility-First Mindset: Integrate accessibility into your development lifecycle. This means ensuring that all new digital products and updates are designed with accessibility. Educate your development team on accessibility best practices and incorporate accessibility checks into your quality assurance processes.
4. Stay Informed on Legal and Regulatory Developments: The legal landscape surrounding digital accessibility is constantly evolving. Stay informed about the latest court rulings, DOJ guidance, and state-specific regulations that may impact your organization. This knowledge will help you anticipate potential risks and adapt your strategy accordingly.
5. Engage in Ongoing Monitoring and Maintenance: Accessibility is not a set-it-and-forget-it task. Regularly monitor your digital properties to ensure ongoing compliance. Tools like 216digital’s a11y.Radar service offers continuous monitoring, helping you stay ahead of potential issues and avoid costly lawsuits.
6. Develop an Accessibility Statement: An accessibility statement on your website demonstrates your commitment to inclusivity and transparency. It should outline your organization’s steps to ensure accessibility, provide contact information for users to report issues, and offer alternative ways to access content.
The Role of 216digital in Mitigating ADA Lawsuits

At 216digital, we understand the complexities and challenges of achieving and maintaining digital accessibility. Our comprehensive services are designed to support CTOs like you in mitigating the risk of ADA lawsuits while ensuring that your digital properties are inclusive for all users, from conducting thorough accessibility audits to providing ongoing monitoring with our a11y. Radar service offers the expertise and tools needed to safeguard your organization.

Conclusion

As a CTO in Corporate America, understanding and mitigating the risk of digital ADA lawsuits is crucial to your Role. By prioritizing accessibility, you protect your organization from legal and financial repercussions and contribute to a more inclusive digital landscape. With the right strategies and partners, you can confidently navigate this complex issue, ensuring that your digital properties are compliant, accessible, and free from the threat of costly litigation.Ready to take the next step? Schedule a complimentary ADA Strategy Briefing with 216digital today and start building a more accessible future for your organization.
Greg McNeil

August 9, 2024

Legal Compliance

Accessibility, ADA Compliance, ADA Lawsuit, ADA Lawsuits, ADA Website Compliance, CTOs, web accessibility lawsuits, Website Accessibility
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

Avoid ADA Lawsuits: Lessons from Big Companies

1. Winn-Dixie: The ADA Case that Set the Standard

2. Domino’s Pizza: The Fight Over Online Ordering

3. Nike: Accessibility in the Retail Space

4. Blue Apron: The Subscription Service Challenge

5. KitchenAid: The Importance of Universal Access

6. Fox News Network: ADA in Online Media

7. Beyoncé’s Parkwood Entertainment: Entertainment and Inclusivity

8. H&R Block: Financial Services

9. Burger King: Fast Food, Fast Accessibility Fixes

10. Target: A Retailer Making ADA a Priority

How Small Businesses Are Becoming Targets for ADA Lawsuits

The Benefits of Web Accessibility

How to Calculate Your Return on Investment (ROI)

To calculate your ROI for ADA Compliance, consider:

How Being Proactive with Web Accessibility Offers an Incredible ROI

Protect Your Online Business

Web Accessibility: The Legal Risks of Ignoring It

Why Web Accessibility Matters

Web Content Accessibility Guidelines (WCAG)

ADA and Web Accessibility

ADA Compliance and Legal Consequences

ADA Lawsuits

Case Study: Robles v. Domino’s Pizza

Financial Penalties

Case Study: Target Corporation Settlement

Case Study: Beyoncé’s Parkwood Entertainment

Mitigating Legal Risks: Proactive Steps for ADA Compliance

Get Proactive about ADA Web Accessibility

Why Are Federal Web Accessibility Lawsuits Dipping in 2024?

Overview of the Decrease in Federal Web Accessibility Lawsuits

Increased Judicial Scrutiny Influences the Shift

Judges Now Demand More Detailed Claims

Recent Defense Victories Prompt Shifts to State Courts

The Impact on Filing Volumes

Practical Steps to Improve Web Accessibility

Stay Compliant with 216digital

What CFOs Need to Know to Mitigate the Risk of Digital ADA Lawsuits

The Rise of Digital ADA Lawsuits

Why CFOs Should Be Concerned About ADA Lawsuits

Critical Steps to Mitigating Digital ADA Lawsuit Risks

Conduct a Comprehensive Accessibility Audit

Implement a Remediation Plan

Establish Ongoing Monitoring and Maintenance

Integrate Accessibility into Your Business Strategy

Stay Informed About Legal Developments

Build a Culture of Accessibility

Wrapping Up

How CTOs Can Mitigate the Risk of ADA Lawsuits

Understanding the Digital ADA Landscape

The Rising Tide of Digital ADA Lawsuits

The Financial and Reputational Risks

Key Areas of Vulnerability for a ADA Lawsuits

Proactive Measures to Mitigate Risk

The Role of 216digital in Mitigating ADA Lawsuits

Conclusion

2023 Web Accessibility Lawsuit Trends and Insights

A Shift in Web Accessibility

A Closer Look at the Numbers

New York and Web Accessibility Lawsuits

What Industries Are Most at Risk?

Copycat Accessibility Lawsuits Are On the Rise

Why the Surge in Copycat Lawsuits?

Web Accessibility Widgets and Overlays

The Pitfalls of Web Accessibility Widgets and Overlays

How to Keep Your Online Business Safe

Conclusion