Digital Marketing Tips and Strategies to Grow Your Business

Do You Need Web Accessibility Monitoring?
Your website is now accessible, but there’s more to be done. Web Accessibility is not a one-and-done task – it’s an ongoing effort to make sure that everyone can easily use and access your site.

While remediation is an excellent first step, the truth is that you’re just getting started. You now have to keep up the progress you’ve made with your site through constant observation, assessment, and development.

In this post, we’ll go over why you need web accessibility monitoring and what you should look for to maintain your digital properties.

Challenges in Maintaining Accessibility

To run an online business successfully, you must be prepared to adapt to constant change. However, updates to your website, such as adding new content or features like forms or plugins, can affect its accessibility.

Even small changes can create accessibility barriers. Each change carries the risk of making your website difficult to use for people with disabilities,, and you may not even be aware of it.

Challenges A Website Could Experience

Here are some common challenges a website might face:
- Lack of Training: Staff responsible for maintaining the website may lack awareness or understanding of accessibility principles and techniques.
- Content Updates: Modifying the website’s content and adding new features.
- Third-Party Widgets or Plugins: Websites rely on external plugins and tools, which can be challenging to keep up-to-date and accessible.
Regular audits and testing are essential to ensure your website is accessible to everyone. One way to do this is through monitoring. But how do you monitor your website?

What is Web Accessibility 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.

There are two ways to monitor accessibility: automated and manual. However, they differ significantly in their approach and the level of thoroughness they provide. Below, you can find a description of both.

Automated Monitoring

Automated tools use algorithms to quickly scan web pages for accessibility issues based on predefined criteria. They are efficient for identifying certain barriers, such as missing alternative text for images or improper use of headings. However, automated tools will only catch 30% of issues and should be used with manual testing.

Manual Monitoring

Manual testing involves human experts reviewing web pages to identify accessibility barriers using assistive technologies such as screen readers. Human testers can provide a deeper insight that automated tools may miss, such as understanding the context of content or the user experience for people with disabilities. However, manual testing is time-consuming and labor-intensive. It may not be feasible for frequent updates or large-scale projects.

Why You Should Use a Monitoring Service

Having a web accessibility monitoring service is crucial for various reasons:

1. Legal Compliance

In many countries, including the United States, laws require websites to be accessible to individuals with disabilities. For instance, the Americans with Disabilities Act (ADA) mandates that both state and federal agencies make their online content usable for everyone. Monitoring services are vital in ensuring compliance with these regulations by regularly checking a website’s accessibility.

To learn more about laws regarding web accessibility, check out our article, “Navigating Digital Accessibility Regulation in 2024.”

2. Risk Management

ADA compliance isn’t just a one-time task; it’s an ongoing commitment. Failing to meet accessibility standards can lead to legal risks such as lawsuits and fines. In 2023 alone, federal and state courts dealt with 4,605 lawsuits related to web accessibility, with over 25% targeting companies previously sued for similar issues.

Regularly monitoring your website helps mitigate these risks by identifying any violations promptly.

3. Spotting Barriers Early

Monitoring services can detect accessibility barriers caused by updates, changes in code, or new content. Addressing these issues early in development can help save time and resources.

4. Documentation

These services also document a website’s accessibility level, which is crucial for tracking improvements and proving compliance with standards.

Analyzing this data helps teams identify recurring issues and patterns, enabling strategic planning to enhance accessibility through regular maintenance and updates.

5. Enhancing User Experience

Accessibility isn’t just about following rules; it’s about providing a better experience for all users. Accessible websites are easier to use, leading to higher user satisfaction and retention. Monitoring services enable you to identify usability issues and enhance the overall user experience.

6. Cost-Effective Development

Dealing with accessibility issues early in development is more cost-effective than making changes later. Regular monitoring helps catch problems before they escalate, reducing the resources needed for fixes and potential legal fees.

What to Look for in a Monitoring Service

Choosing the right web accessibility monitoring service is crucial to ensure your website is usable by everyone, including those with disabilities. Here are key factors to consider:
1. Accessibility Standards: Check if the service follows recognized standards like the Web Content Accessibility Guidelines (WCAG), covering levels A, AA, or AAA.
2. Type of Monitoring: Look for a service offering automated and manual testing
3. Scalability: Check if the service can handle large or multiple websites. It should handle the scale of your site and provide accurate results.
4. Integration: Select a service that seamlessly integrates with your existing workflows, including your Content Management System (CMS) or development environment.
5. Reporting: Opt for a service that offers detailed reports for tracking progress.
6. Training and Resources: Look for resources such as training materials to help your team understand and implement accessibility improvements.
7. Cost: Evaluate pricing based on factors such as the number of pages, frequency of scans, and additional features.
Before deciding, try out a few services to find the best fit for your needs.

216digital’s a11y.Radar ADA Monitoring

Ensuring your website remains accessible is an ongoing task, but it needn’t be daunting. With 216digital‘s a11y.Radar ADA monitoring service, you’re equipped with the tools and insights needed to maintain an ADA-compliant website that welcomes all users.

a11y.Radar is an automated recurring ADA web compliance auditing platform.a11y.Radar ADA monitoring service reports on your ongoing accessibility efforts, whether conducted by your internal digital teams or an outside web agency. Access enhanced dashboards and receive updates to content, code, and user experience that could pose potential blocks to users or threaten your accessibility standards. In addition, our seamless interface allows your team members to view current issues and manage pending adjustments.

a11y.Radars Key Features include:
- Dynamic Dashboard Display
- Compliance Scans
- Detailed Issues Reports
- Issues Over Time
- Manual Testing Reports
- Email Alerts
- Current Web Compliance Status
Schedule a complimentary ADA strategy briefing to speak with one of our accessibility experts about a11y.Radar ADA Monitoring today.
Greg McNeil

June 27, 2024

ADA Web Accessibility

Accessibility, Accessibility monitoring, ADA, ADA Compliance, web accessibility monitoring, Website Accessibility, Website Accessibility Tools
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

ADA Web Accessibility

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

ADA Web Accessibility

Accessibility, ADA, ADA Compliance, ADA Title II, ADA Web Accessibility, ADA Website Compliance
Navigating Digital Accessibility Regulation in 2024

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

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

ADA Digital Accessibility at the Federal Level in the US

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

Key points from the NPRM proposals include:

WCAG 2.1 AA

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

Websites and Mobile Apps

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

Compliance Timeline

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

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

State-led Legislation for Digital Accessibility

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

California Assembly Bill 1757

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

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

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

Rhode Island Bills 2023 H-5106 and S-0105

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

The Minnesota House Bill HF-480

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

Rhode Island’s Digital Accessibility and Equity Governance Board

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

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

Hawaii’s HB1419 Bill

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

Kansas Takes a Different Approach

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

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

The European Accessibility Act

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

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

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

Implications for Online Businesses

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

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

Preparing for the Future with 216digital

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

Greg McNeil

February 27, 2024

216digital, ADA Compliance, ADA Web Accessibility

Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, digital accessibility, Website Accessibility
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

216digital, ADA Compliance, ADA Web Accessibility

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

ADA Compliance, ADA Web Accessibility, Website Accessibility

ADA Compliance, ADA Lawsuit, ADA Web Accessibility, ADA Website Compliance, Web Accessibility, web accessibility lawsuits
Unwrap Web Accessibility: A Gift for All Shoppers
‘Tis the season of joy, laughter, and, of course, holiday shopping! As the holiday spirit fills the air, retailers are gearing up to capture their share of the holiday shopping extravaganza. But in the midst of the twinkling lights, festive decor, and holiday cheer, there’s an aspect you may be overlooking – web accessibility.

To add an extra dose of cheer to this season, our team at 216digital has put together a list of simple and immediate steps that every online retailer can take to ensure their online content caters to all shoppers.

‘Tis the Season for All Shoppers

The holiday season is when people actively hunt for gifts and turn to online shopping in their quest for the perfect presents. However, many website owners are missing out on a massive, often overlooked market share: people with disabilities.

According to the World Health Organization, roughly 16% of the world’s population has some form of disability. When your website isn’t accessible, you’re closing the door on this large group of potential consumers.

To put this into perspective, let’s consider some statistics:
- In the United States, approximately 27% of adults have some form of disability. That’s more than 61 million people who could become your future customers.
- Shoppers with disabilities have a combined disposable income of about $490 billion. By neglecting their needs, you are missing out on a substantial source of revenue.
- Research has shown that 71% of disabled customers will leave a website if they find it difficult to use. Therefore, improving web accessibility can have a direct impact on your conversion rates.
Holiday Shopping Challenges

For people with disabilities, shopping online can pose challenges. According to WebAIM’s 2023 analysis of the top 1 million websites on the internet, a staggering 96.3% of them had severe accessibility issues. These issues included the inability to view product descriptions, make a purchase, or book an appointment.

During the holiday shopping season, people with disabilities may face even more challenges while shopping online. For instance:
- Most holiday promotions are shared through email or social media, which can be challenging to access for some people with disabilities.
- Each website update, which often includes fresh branding, promotional banners, and product pages, presents an opportunity to introduce new accessibility barriers
- The holiday rush can overwhelm customer service teams, making it more challenging for people with disabilities to receive the assistance they may need.
So, how can you make your website accessible to all holiday shoppers?

Understanding Web Accessibility

Web accessibility is about making your website usable and navigable by people with disabilities. That means designing and developing your holiday content in a way that allows everyone to access and use your site effectively.

Here are a few key aspects of web accessibility you should focus on this holiday season.

Paint a Clear Picture with Alt Text

During the holiday season, visuals play a significant role in attracting shoppers to your site. In fact, 75% of online shoppers rely on product photos when purchasing. However, some users may have visual impairments and rely on screen readers to navigate your website. To make sure they don’t miss out on your visually appealing content, it’s crucial to use image alternative text or alt text.

What is Alt Text?

Alt text is a description added to an image’s HTML code. It provides a textual alternative to the image, allowing screen readers to convey the image’s content and function to users who cannot see it.

When done right, it can help paint a picture of your products and services. Unfortunately, many businesses forget to provide alt text, or they treat it like a file naming system. For example, an image of a size chart with alt text that says “size chart.” It might as well not be there.

You can write more helpful alt text by following these best practices:

Be Descriptive

When adding alt text to your images, be descriptive but concise. For instance, if you’re selling a holiday-themed sweater, the alt text could be “Cozy red holiday sweater with reindeer patterns.” This way, users with visual impairments understand the image’s content.

Avoid Redundancy

It might seem helpful but do not include phrases like “picture of” or “image of” in your alt text. Screen readers will know from the preceding HTML tag to announce the alt text as an image. Including these phrases in your description will only disrupt the user’s experience.

Write for People, Not Search Engines

It’s important to remember not to treat alt text as an SEO tool. Many content creators make the mistake of trying to include keywords in their site’s alt text. But while alt text can contribute to SEO, your priority should be accessibility and user experience. Remember, at the end of the day, you’re trying to sell a product to a person, not Google. So, focus on creating descriptive and concise alt text that helps users with visual impairments understand the image’s content.

For more information on alt text, check out our article “Understanding Image Alt Text Descriptions.”

Design for Sound Off Videos

Videos are an engaging way to showcase your holiday products or promotions. However, videos often rely on visual and auditory elements, which can be problematic for those with hearing impairments. To make your videos more inclusive:
- Invest in High-Quality Audio: If you use VoiceOvers or soundtracks in your videos, ensure that the audio quality is top-notch. Clear audio is essential for users who rely on sound to understand your content.
- Use Audio Descriptions: For videos with crucial visual content, provide audio descriptions. Audio descriptions are narrations that explain what’s happening in the video. This helps users with visual impairments understand the context and content of the video.
- Proof Captions by Hand: Automatic captioning can be unreliable, and errors in captions can lead to misunderstandings. Take the time to review and edit captions to ensure they accurately reflect the spoken content.
Make Your Email Campaigns Web Accessible

Email marketing is a powerful tool during the holiday season. However, most of the images used in email marketing lack accessibility.

For instance, in many promotional emails, you’ll find special offers, product names, sale prices, and other important information. If all of this information is only presented in images, it excludes people who rely on screen readers.

As a general rule, businesses should avoid using images as the sole content of their emails. And when images are used, they must include descriptive alt text. However, there’s more to email accessibility than just alt text.

To ensure that your emails reach and resonate with all potential customers, consider the following:
- Set the Role Attribute of Every Table to “Presentation.”: Tables in emails can be challenging for screen readers to interpret. By setting the role attribute of every table to “presentation,” you tell assistive technologies that the table is for layout purposes only, making the email easier to navigate.
- Underline Inline Links: When creating links in your emails, use descriptive link text. For example, instead of “Click here,” use “Shop our holiday collection now.” This provides clarity and context to users.
- Make Sure Links are Descriptive: When creating links in your email content, use descriptive anchor text that indicates where the link leads. Avoid generic terms like “click here” and instead use specific text that tells users what to expect when they click.
Heading Towards Holiday Content

It’s that time of year when new content and blog articles are in full swing, highlighting future sales and this year’s latest products. However, the essential element of all good content is using headings. Headings aren’t just big, bold, decorative text. They’re the signposts that guide readers through your content from most to least important.

For instance, just like a tree has a trunk, main branches, and smaller branches, your content should have a main heading, subheadings, and further divisions if necessary.
- Here are a few pointers when you are generating your online content:
- Write concise, meaningful headings that provide insight into the content.
- Elements that are repeated across different pages within a site should maintain a consistent order. That one bold font may be more eye-catching, but that doesn’t mean you need to use it.
- Headings and labels should aid shoppers in navigating content and understanding their current location by clearly describing the topic or objective.
Don’t Let Web Accessibility Be Your New Year’s Resolution

The holiday season is the perfect time to implement these changes and make your website more accessible. So, don’t let web accessibility be your New Year’s resolution; make it a top priority for your online business now, and watch your holiday sales soar.

Ready to get started? Schedule a Complimentary ADA Strategy Briefing with the experts at 216digital. We will help you take the steps towards making your content web accessible on your terms by developing a strategy to integrate WCAG 2.1 compliance into your development roadmap.
Greg McNeil

December 8, 2023

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

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

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

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

The Americans with Disabilities Act

The Americans with Disabilities Act (ADA) is a civil law designed to protect the rights of people with disabilities in all areas of public life. While it doesn’t specifically mention websites, the courts have made it clear that the ADA applies to websites, whether they’re owned by government agencies or private businesses.

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

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

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

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

Title III and WCAG

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

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

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

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

Background to the Wayfair’s 2023 ADA Case

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

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

Wayfair’s Web Accessibility Barriers

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

Common Web Accessibility Barriers

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

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

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

No Business is Too Small

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

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

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

A Step Towards Web Accessibility

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

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

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

Whether you want to protect against a frivolous ADA accessibility lawsuit or become WCAG 2.1 AA compliant, 216digital has you covered. After years of analyzing ADA lawsuits, we’ve discerned the tactics used by law firms to pinpoint websites for groundless ADA claims and how to protect businesses against them. Our team of accessibility experts can also develop strategies to integrate WCAG 2.1 compliance into your development roadmap on your terms.

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

October 26, 2023

ADA Web Accessibility

Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
What Is An Accessibility Statement?
You are making your website’s content accessible to all users, including those with disabilities. But how do you let them know?

An accessibility statement is a way to show your commitment to web accessibility. It provides your users with information about your accessibility plans, letting them know what to expect and what steps they can take if they encounter problems with your online content. But what is an accessibility statement — and does your website need one?

Below, we explore the key components of an effective web accessibility statement, why they are crucial, and how to create one for your website.

What Are Accessibility Statements?

An accessibility statement is a document or webpage on your site that shows your dedication to making the web inclusive for everyone. It’s like a formal promise to ensure that all users, no matter their abilities, can easily use your online content.

In general, it states that your website follows specific standards for accessibility, like the Web Content Accessibility Guidelines (WCAG). It provides detailed information about your website’s accessibility goals and the steps your company is taking to achieve them.

Think of it as a way to bridge your efforts to make your website accessible and your users’ understanding of those efforts. It’s like a virtual handshake, showing your users that you care about their experience on your site and that you’re working hard to improve it.

Why are Accessibility Statements Important?

Accessibility statements offer a range of benefits, not only for users but also for website owners.

Here are some of the benefits:

Your Commitment to Diversity and Inclusion

An accessibility statement is a tangible way to show your users that you care about their needs — providing them equal access to products, services, and company information.

By proactively communicating your company’s commitment to accessibility will foster trust and loyalty among your potential and existing customers. This can create new opportunities for those who may otherwise not be able to enjoy certain products or services due to a disability.

Encouraging Feedback

Accessibility statements provide users with contact information they can use if they encounter problems. This feedback can be invaluable in addressing specific issues and making your website more user-friendly.

Legal and Ethical Compliance

In many countries, there are legal requirements to make digital content accessible. Publishing an accessibility statement is a step toward compliance. It can be used as evidence of your commitment should the need arise.

Reduce Legal Risk

To the potential plaintiff firm, an accessibility statement serves as a flag to say, “We’re on this. Move along”. There is so much ripe low-hanging fruit that most will skip to the next website on the list.

Transparency

Transparency is key to building trust with your audience. Your accessibility statement should reflect your efforts, showcasing your organization’s values and ethics.

Writing an Accessibility Statement

Writing a solid web accessibility statement comes down to the chosen language, structure, and content.

Language

Accessibility statements are for users of your content — not lawyers or web developers. It is important to make your accessibility statement easy to understand for everyone, regardless of their background or expertise. This means avoiding technical jargon and using clear, simple language while providing useful information.

If you need to refer to a specialized term or phrase, clearly define its functionality and known limitations so readers understand them. For example, words like “WCAG Success Criterion 1.2.2 was not met” may not be familiar to everyone. Instead, it’s essential to explain them in a way that is easy to comprehend, such as “videos do not have captions.”

Tone

Language should also be clear and avoid assumptions about a person’s abilities. Therefore, statements should be written from a third-person perspective and in a professional tone.

Use words that are matter-of-fact and avoid language that could be seen as condescending or patronizing. This will help ensure that all users feel respected and valued and that your commitment to accessibility is communicated in a positive and inclusive way.

Format

Accessibility statements should follow this format:
- Use bold fonts or highlighted phrases to emphasize important parts of the statement. This will make it easier for readers to understand the message.
- Usually, italics are used to highlight technical terms or words related to the WCAG standards mentioned in the statement.
- Instead of long paragraphs, use lists with bullets or numbers to organize and present the main points.
- Add alt text to meaningful images if they are relevant.
Content

The content in an accessibility statement needs to be checked and kept current to make sure it stays accurate and reflects any changes or enhancements made to a website as time goes on.

The W3C-WAI offers a set of details to put in an Accessibility Statement. Normally, these statements include the following:
- Clearly state your commitment to making your website accessible to all users.
- Make it clear what accessibility standard is applied, such as WCAG 2.2
- Provide contact information, like a phone number or email address, for users to reach out if they face any issues.
Depending on your content, you may also want to include other relevant information:
- Summarize your efforts toward web accessibility.
- Environments in which the content has been tested to work, such as specific web browsers or operating systems
- Identify any known barriers or accessibility limitations. Explain the steps you plan to take to improve accessibility, such as ongoing audits, training, and user testing.
- Include a disclaimer that addresses your 3rd party plug-ins or social media sites.
- List the date the accessibility statement was last updated.
You can include as much information as you want, but remember that people will read your Accessibility Statement to find out how accessible your content is. Avoid adding irrelevant content, such as promoting products or services.

Do I Need an Accessibility Statement to be Compliant?

In most cases, the answer is yes. Conformance with accessibility standards, like WCAG, is essential for ensuring an inclusive online experience. While WCAG doesn’t require websites to publish an Accessibility Statement, some non-discrimination laws do.

For example, the European Union’s Web Accessibility Directive requires public websites in the EU to publish Accessibility Statements that follow an established format.

However, suppose one of your goals is compliance with the Americans with Disabilities Act (ADA). In that case, it’s still best to publish an Accessibility Statement even if it isn’t legally required.

An accessibility statement serves as proof of your compliance and your dedication to meeting these standards. A well-written statement can help you show that you value users and your commitment to web accessibility.

What If Our Website Isn’t Accessible Yet? Should We Still Publish a Statement?

Having an accessibility statement on your website is essential, even if your website is not yet fully accessible. It shows your users that you acknowledge the issue and are committed to making your website more accessible.

If your site has not been fully audited and remediated, then to start, you’re going to want to express your intent…. “we are in the process of…. our goal is to…” Your statement should convey your plans to improve and address accessibility issues. Being transparent about the areas where your site falls short and your dedication to improvement can help build trust with your users and demonstrate your commitment to accessibility.

Where to Publish an Accessibility Statement?

Your accessibility statement should be easy to find on your website. Consider placing it in the footer, help menu, and other prominent areas where users can readily find it. Additionally, you should use consistent link names for your accessibility statements to help users recognize them. For example, if the link in your footer is labeled “Accessibility Statement,” so should the link in your help menu.

Make a Statement with 216digital

Accessibility is not just a checkbox; it’s an ongoing journey that requires transparency, communication, and dedication to ensuring a more inclusive online space.

At 216digital, our team is committed to helping you take the steps towards web accessibility on your terms by developing a strategy to integrate WCAG 2.2 compliance into your development roadmap. We offer comprehensive services that not only audit your website for accessibility but also provide solutions to meet ADA compliance requirements.
To learn what more you should do to achieve and maintain accessibility for your terms, schedule a Complimentary ADA Strategy Briefing with the experts at 216digital.
Greg McNeil

October 26, 2023

ADA Web Accessibility

Accessibility, Accessibility Statment, ADA Compliance, ADA Website Compliance, Website Accessibility
Creating Web Accessible Links
The Internet has always been about connectivity. The links that crisscross every site play a vital role in guiding users as they explore the online realm. As one of the most basic elements of web accessibility, hyperlinks help users navigate to another page to access different types of digital content. While creating hyperlinks is easy, making them web accessible takes careful consideration. But how can we make sure they are accessible to everyone?

What are Descriptive Links?

A descriptive link provides clear information about where the link will take the user. Instead of generic terms like “click here” or “read more,” a descriptive link might say “learn about our sustainability practices” or “view our summer collection.”

Why Use Descriptive Links?

People using screen readers either tab through links or bring up a list. This can take the link out of the context of the surrounding text. However, descriptive link text provides clarity, aiding users with assistive tools in grasping the destination of a link without additional information. By ensuring links are descriptive, users can confidently know the link’s destination, allowing those using assistive technologies to navigate more efficiently.

Types of Links That Need to Be Accessible

There are three types of links that need to be accessible:

Anchor Text

Anchor text is clickable text linking to another page or file. The best practice is to ensure it’s descriptive. For example, instead of “Click here for more information about web accessibility,” use “Learn more about web accessibility.”

Image Links

Images links are clickable images or call-to-action buttons that link to another page or file. When using an image or button, an alternative text (alt text) must describe its purpose. This helps screen readers in conveying the link’s purpose to the user.

Adjacent Links

Adjacent links are two links next to each other that point to the same destination—for example, an image with text beneath it both linking to the same page.

Creating Valid and Accessible Links

Start with Valid HTML

The foundation of any accessible website is its underlying code. Think of your site’s HTML as the skeleton, providing structure and meaning. Just as a well-built house begins with a solid foundation, a fully accessible website starts with clean, valid HTML.

When crafting links, it’s essential to use the correct tags and attributes. The <a> (anchor) tag is the standard for creating links.

Here’s a basic example:
```
<a href="https://www.example.com">Visit our homepage</a>
```
This link is valid and clear, ensuring that screen readers and other assistive devices can interpret and present it correctly to the user.

To be a valid link, it must have the following:
- A href Attribute: The location or URL of the anchor, page, or resource. Without the href attribute, the <a> tag won’t work.
- Link Content Text describing where the link is going. This could be plain text or the alt attribute of an image.
- Opening and closing tags: An opening tag begins the link, and a closing tag ends it. A closing tag always precedes the element with a /.
Write Helpful Link Text

The actual text of your link is crucial for web accessibility. Avoid generic terms like “click here” or “read more.” Instead, aim for descriptive, context-rich text that clearly indicates the link’s destination or purpose.

For example:

Instead of using
```
 <a href= "#">click here</a>.
```
Use:
```
 <a href="#">View our comprehensive guide</a>.
```
This approach benefits those using assistive technologies and improves the user experience for everyone, making your content more intuitive and navigable.

What About the Title Attribute?

The title attribute can provide additional information about a link. However, not all browsers present the title attribute accessibly, so individuals using keyboards or touch-only devices might not see this information. Therefore, using the title attribute on <a> elements is not recommended.

Focus State and Keyboard Navigation

Web accessibility isn’t just about screen readers. Many users use keyboards for navigation due to motor disabilities or personal preferences. It’s essential to ensure that all links are navigable and clearly highlighted when accessed via a keyboard.

This is where the WCAG’s success criteria 2.4.7, focus visible, comes into play. Essentially, when someone tabs through a website using the keyboard, the “focused” element (like a link) should have a clear visual indicator, such as a border or a change in background color.

If you’re using CSS, you might apply a focus style like:
```
a: focus { 
outline: 2px solid black; }
```
This will give a black outline to any link that’s currently selected via keyboard navigation.

Moreover, make sure that the tab order (the sequence in which elements are selected when tabbing through) is logical and follows the flow of your content.

When Should You Use a Button Instead?

Links and buttons are often used interchangeably on the web. However, they serve distinct purposes:
- Links: Primarily navigate users from one page or resource to another.
- Buttons: Used for actions like submitting a form, opening a popup, or toggling content.
From an accessibility standpoint, it’s essential to use them appropriately. Screen reader users, for instance, might need clarification if a link behaves like a button or vice versa.

So, if you’re leading users to a different resource, use a link. Consider using a button if you’re prompting an action on the same page.

Designing Accessible Buttons and Linked Images

Design plays a significant role in digital accessibility. For buttons and linked images:
1. Clear Labels: Ensure every button or link has a clear label. This assists not just visually impaired users but everyone. “Read more” is often ambiguous. Instead, be specific, like “Read more about web accessibility.”
2. Contrast: Make sure there’s enough contrast between the button’s link text and its background. This helps people with visual impairments and disabilities easily identify and read content.
3. Descriptive Alt Text for Linked Images: If an image acts as a link, ensure it has descriptive alternative text. This allows screen reader users to understand the purpose of the link. For instance, instead of “image1.jpg”, use “Click to view our accessibility guide.”
4. Focus Indicators: Ensure links and buttons have a visible focus indicator. This helps keyboard-only users identify which element is currently in focus.
Understanding Touch Target Size Accessibility

Touch target is the area that responds to a user can press or click. It’s especially vital for touchscreen devices. Here’s what you should consider:
1. Minimum Size: According to many WCAG guidelines, the touch target size should be at least 24×24 pixels. This ensures even users with motor disabilities can easily tap the element.
2. Spacing: Ensure there’s enough space between tappable elements. Crowded links or buttons can lead to mistaken taps or clicks, frustrating users.
3. Visual Feedback: When a user taps a link or button, provide visual feedback, like a color change, so they know their tap was successful.
4. Font Size: The smallest acceptable font size is 14 points, but anything between 14 to 18 points, or equivalently 18.5 to 24 pixels, is considered compliant by WCAG.
Take the Next Steps Toward Web Accessibility

The digital realm has evolved, and web accessibility has emerged as a fundamental right, not just a trend. Making your website accessible isn’t just about compliance but inclusion. It’s about ensuring everyone can access and enjoy the content you’ve painstakingly created, regardless of their abilities. And while the nuances of accessibility can seem daunting, there are experts available to assist you.

216digital has been at the forefront of web accessibility, armed with the tools, knowledge, and experience to make your online space both compliant and welcoming for all. We will help you take the steps towards web accessibility on your terms by developing a strategy to integrate WCAG 2.1 compliance into your development roadmap.

So, if you’re committed to creating a digital space where everyone feels valued, don’t leave it to chance. Schedule a Complimentary ADA Strategy Briefing with the experts at 216digital, where web accessibility is more than just a checklist—it’s a mission.
Greg McNeil

October 10, 2023

216digital, ADA Compliance, ADA Web Accessibility, Website Accessibility

Accessibility, ADA Compliance, ADA Website Compliance, Links, Web Accessible Links, web development, Website Accessibility

Challenges in Maintaining Accessibility

Challenges A Website Could Experience

What is Web Accessibility Monitoring?

Automated Monitoring

Manual Monitoring

Why You Should Use a Monitoring Service

1. Legal Compliance

2. Risk Management

3. Spotting Barriers Early

4. Documentation

5. Enhancing User Experience

6. Cost-Effective Development

What to Look for in a Monitoring Service

216digital’s a11y.Radar ADA Monitoring

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

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

ADA Digital Accessibility at the Federal Level in the US

WCAG 2.1 AA

Websites and Mobile Apps

Compliance Timeline

State-led Legislation for Digital Accessibility

California Assembly Bill 1757

Rhode Island Bills 2023 H-5106 and S-0105

The Minnesota House Bill HF-480

Rhode Island’s Digital Accessibility and Equity Governance Board

Hawaii’s HB1419 Bill

Kansas Takes a Different Approach

The European Accessibility Act

Implications for Online Businesses

Preparing for the Future with 216digital

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?

Team Up with 216digital

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

‘Tis the Season for All Shoppers

Holiday Shopping Challenges

Understanding Web Accessibility

Paint a Clear Picture with Alt Text

What is Alt Text?

Be Descriptive