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  • 2024 Mid-Year Report ADA Lawsuits Trends

    2024 Mid-Year Report ADA Lawsuits Trends

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

    Trends in 2024 for ADA Lawsuits

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

    Decrease in Overall ADA Lawsuit Numbers

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

    Impact of Recent Defense Victories

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

    Small Companies Are in the Crosshairs

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

    The Rise of eCommerce and ADA Violations

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

    Overlays Could Make You a Target Now More Than Ever

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

    Common Problems with Widgets

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

    Evolving Legal Standards

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

    Potential Changes to ADA Title III

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

    Increased DOJ Enforcement

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

    The Importance of Staying Informed

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

    How to Protect Your Online Business

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

    1. Conduct an Accessibility Audit

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

    2. Implement Accessibility Improvements

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

    3. Train Your Team

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

    4. Monitor and Maintain Accessibility

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

    5. Seek Legal Guidance if Needed

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

    Conclusion

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

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

    Greg McNeil

    August 19, 2024
    ADA Web Accessibility
    ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
  • What CFOs Need to Know to Mitigate the Risk of Digital ADA Lawsuits

    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
    ADA Web Accessibility
    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

    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
    ADA Web Accessibility
    Accessibility, ADA Compliance, ADA Lawsuit, ADA Lawsuits, ADA Website Compliance, CTOs, web accessibility lawsuits, Website Accessibility
  • The True Cost of ADA Lawsuits: More Than Just Settlements

    The True Cost of ADA Lawsuits: More Than Just Settlements

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

    Understanding Web Accessibility

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

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

    The Rise of ADA Lawsuits

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

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

    Direct Costs: Settlements and Legal Fees

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

    Indirect Costs: Reputational Damage and Lost Opportunities

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

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

    Long-Term Costs: Compliance and Accessibility Upgrades

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

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

    The ROI of Web Accessibility

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

    Taking Action: Protecting Your Business

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

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

    Conclusion

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

    Greg McNeil

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

    Navigating Digital Accessibility Regulation in 2024

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

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

    ADA Digital Accessibility at the Federal Level in the US

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

    Key points from the NPRM proposals include:

    WCAG 2.1 AA

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

    Websites and Mobile Apps

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

    Compliance Timeline

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

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

    State-led Legislation for Digital Accessibility 

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

    California Assembly Bill 1757

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

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

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

    Rhode Island Bills 2023 H-5106 and S-0105

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

    The Minnesota House Bill HF-480

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

    Rhode Island’s Digital Accessibility and Equity Governance Board

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

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

    Hawaii’s HB1419 Bill

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

    Kansas Takes a Different Approach

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

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

    The European Accessibility Act

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

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

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

    Implications for Online Businesses

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

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

    Preparing for the Future with 216digital

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

    Greg McNeil

    February 27, 2024
    216digital, ADA Compliance, ADA Web Accessibility
    Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, digital accessibility, Website Accessibility
  • 2023 Web Accessibility Lawsuit Trends and Insights

    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
  • Web Accessibility: The Wayfair Example

    Web Accessibility: The Wayfair Example

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

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

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

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

    The Americans with Disabilities Act

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

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

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

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

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

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

    Title III and WCAG

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

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

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

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

    Background to the Wayfair’s 2023 ADA Case

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

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

    Wayfair’s Web Accessibility Barriers

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

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

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

    Common Web Accessibility Barriers

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

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

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

    No Business is Too Small

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

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

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

    A Step Towards Web Accessibility

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

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

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

    Start Your Journey to ADA Compliance

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

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

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

    Greg McNeil

    October 26, 2023
    ADA Web Accessibility
    Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
  • Are Bots Sending Web Accessibility Demand Letters?

    Are Bots Sending Web Accessibility Demand Letters?

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

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

    What are Web Accessibility Demand Letters?

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

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

    The Wave of Demand Letters

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

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

    What are Automated Tools?

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

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

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

    The Problem with Bots Using Automated Tools

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

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

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

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

    The Concept of a “Tester”

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

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

    But what could this mean for website owners?

    What Does This Mean for Website Owners?

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

    Should You React To These Copycat Claims?

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

    If you receive a web accessibility demand letter:

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

    A New Landscape for Web Accessibility

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

    Partnering with Experts: 216digital

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

    Greg McNeil

    August 8, 2023
    216digital, ADA Web Accessibility
    Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
  • ADA Web Compliance Demand Letters

    ADA Web Compliance Demand Letters

    As an online business owner, you’ve likely heard about the Americans with Disabilities Act (ADA). You understand its importance and that your website needs to be accessible to all users, including those with disabilities. However, when a website is found to be in violation of the ADA, its owner can face legal repercussions.

    These may include receiving a demand letter.

    But what should you do if you receive one? Who sends them? And how do you adequately address what is stated in the letter?

    In this guide, we’ll cover everything you need to know about ADA website compliance demand letters. We’ll explain what a demand letter is, who sends them, and how to respond.

    What is ADA Web Compliance?

    Before we dive into the specifics of ADA web compliance demand letters, let’s first explore what ADA website compliance means. ADA stands for the Americans with Disabilities Act, which was enacted into law in 1990. This Act seeks to prohibit discrimination against people with disabilities in all public and private places open to the general public.

    Although the ADA law was enacted before the internet became widely used, U.S. court decisions have extended the law’s scope to include websites and online platforms. Unfortunately, the DOJ has failed to formally adopt a set of standards or legal guidelines for what constitutes ADA web compliance, which means there is no way to absolutely stay protected from these lawsuits and demand letters. However, the disabled community has widely recognized the Web Content Accessibility Guidelines (WCAG) as the best existing standard for web inclusivity. WCAG 2.1 Level AA is the most up-to-date version of this standard.

    ADA Web Compliance Demand Letters

    An ADA web compliance demand letter is a legal notice sent to businesses to rectify non-compliant areas of a website. The letter aims to inform business owners that their website is not fully accessible, giving them the opportunity to correct it.

    In recent years, the number of businesses receiving these letters has increased exponentially. In 2022, more than 1,500 demand letters were sent per week. This rise is partly due to heightened awareness of accessibility rights and the growing number of people with disabilities using the internet. Until equal access is provided for people with disabilities, the rate at which ADA website compliance demand letters are sent will likely continue to grow.

    Who Sends ADA Web Compliance Demand Letters?

    Demand letters are typically sent by an attorney representing clients with disabilities or advocacy groups who have identified ADA violations on a website. However, anyone with a disability who has been denied access to a public-facing website or digital platform can send a demand letter. These violations can range from difficult-to-use navigation menus to missing alt text and keyboard navigability.

    While demand letters primarily come from attorneys, the Department of Justice (DOJ) also plays a critical role in enforcing accessibility standards. If a person with disabilities finds that a website is not accessible, they can file a complaint with the DOJ. The DOJ may then investigate and enforce action if necessary.

    Who is at Risk of Receiving an ADA Web Compliance Demand Letter?

    All online businesses open to the public risk receiving ADA web compliance letters, including eCommerce website owners, small businesses, large corporations, and nonprofits.

    However, websites heavily reliant on visual content, such as online retailers, are among those most commonly targeted. In 2022, 2,387 businesses faced web accessibility lawsuits, and the retail industry accounted for almost 77% of cases.

    While visual content is stimulating for some, images and videos may be inaccessible to certain website visitors. In fact, 58.2% of home pages are missing alternative text for images for visually impaired users. If website owners do not take proper measures to adjust their online content, the likelihood of receiving a demand letter is considerably higher. 

    Breaking Down the ADA Web Compliance Demand Letter

    Receiving an ADA demand letter may seem intimidating, but don’t panic. While the letter isn’t a formal legal complaint or lawsuit, it serves as a warning. However, failure to take action when receiving one can lead to further legal recourse. 

    A typical ADA web compliance demand letter may include the following sections:

    Violation Details

    The ADA compliance demand letter will typically begin by explaining that your website has been assessed and found non-compliant with ADA standards. It will outline in clear language what the specific violations are. This may include thorough descriptions of accessibility barriers, such as incompatibility with screen reader technology or lack of keyboard navigability.

    Request for Modifications

    After highlighting the violations, the letter will contain a request for modifications you need to make to your website to achieve compliance. It might include specific WCAG checkpoints your site fails to meet and suggest remedies. For example, your website lacks sufficient contrast between text and background. In that case, the request might demand an improvement in this area.

    Timeline for Achieving Compliance

    The sender will specify a reasonable timeline for you to make the requested modifications. This could range from a few weeks to several months, depending on the nature and extent of the violations. It’s crucial to note this timeline and make sure you comply within the given time frame. Remember, this timeline is legally binding, and any delay can escalate the situation to a full-fledged ADA lawsuit.

    Consequences

    If you fail to meet the ADA web compliance demands within the stated timeline, you risk being subject to legal action. The consequences could include hefty penalties, court-ordered website modifications, and the stigma of a public ADA lawsuit. All of this could significantly impact your business’s reputation and profitability.

    What to Do if You Receive a Demand Letter?

    If you’ve received an ADA website compliance demand letter, it usually means someone has identified your website as ADA non-compliant. So what should you do?

    Here are some steps to guide you:

    • Understand the Requirements for ADA Web Compliance: Familiarize yourself with ADA website conformance standards and guidelines. WCAG 2.1 Level AA is the best measure for web accessibility.
    • Seek Legal Advice:  A knowledgeable attorney with experience in ADA website compliance can help you understand the legal requirements and guide you on the best course of action.
    • Review the Letter and Evaluate Your Website for Compliance: Carefully review the demand letter and evaluate your website based on the violations outlined. Determine if the claims are valid and identify areas that need improvements.
    • Get a Website Audit and Remediate: Hire a professional to conduct an accessibility audit of your website and make the necessary changes to achieve compliance.
    • Communicate with the Plaintiff: Respond to the letter, outlining the steps you’re taking to address the issues raised. Proactive communication can help de-escalate the situation and avoid a lawsuit.
    • Monitor and Maintain: ADA Web Compliance is not a one-time event. Regularly review your website to ensure ongoing compliance. This proactive approach can help prevent future demand letters.

    Stay Ahead of the Curve with 216digital

    ADA web compliance is not optional for online businesses. Demand letters pose a real risk and can lead to serious legal consequences if not appropriately addressed. However, with a clear understanding of ADA standards and the right support, you can take steps to rectify issues and protect your business from potential legal action.

    At 216digital, we understand the complexities of web accessibility and are here to help. We offer comprehensive services that not only audit your website for accessibility but also provide solutions to meet ADA compliance requirements. Our experienced team thoroughly understands WCAG guidelines, and we can help your business implement the necessary adjustments.

    Don’t wait for a demand letter to land on your desk. Get ahead of the curve and ensure your website is ADA-compliant today with 216digital by scheduling a complementary 15 minute briefing.

    Greg McNeil

    July 13, 2023
    216digital, ADA Compliance, ADA Web Accessibility, Website Accessibility
    Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
  • A Closer Look at Section 508

    A Closer Look at Section 508

    When we discuss web accessibility, Section 508 of the Rehabilitation Act often surfaces as a critical element. However, understanding its full scope and whether it applies to your website can be confusing. That’s why we want to clear the air. In this post, we will discuss everything you need to know about Section 508, from its latest revision to how it could impact your business.

    What is Section 508?

    In the early 1970s, American lawmakers started to become aware of the need for legislation that ensured accommodation for citizens with disabilities. The first federal law was the Rehabilitation Act of 1973. 

    This law was mainly concerned with how the government would support people with disabilities. It expanded approval for state vocational rehabilitation service grants, established federal accountability for research and training programs for those with disabilities, and designated government bodies, such as the Department of Health, Education, and Welfare, to coordinate disability programs.  

    However, it did not have anything to do with web accessibility issues. It wasn’t until the introduction of the Internet and the rise of digital services that made Section 508 a cornerstone of digital accessibility.

    Section 508

    In 1998, Congress revised the Rehabilitation Act of 1973 to include Section 508. Section 508 states that all federal agencies must make electronic and information technology (EIT) accessible to disabled employees and members of the public. The law applies to EIT’s development, procurement, maintenance, or use, including government websites, documents, software, and multimedia.

    The Latest Revision

    In March 2017, the United States Access Board revised Section 508’s accessibility requirements for information and communication technology(ICT). The update provides more specific definitions of accessibility for EIT, offering clear guidelines for developers and website owners to follow.

    There are five significant changes to Section 508:

    • Focus on Functionality: Organized by functionality instead of product type to keep pace with technological advances.
    • WCAG Compliance: The 2017 update formally established the Web Content Accessibility Guidelines (WCAG) 2.0 as the accessibility framework for agencies. Federal websites are required to meet at least WCAG 2.1 Level A and AA compliance.
    • Content Accessibility:  All official agency content aimed at the general public, along with specific non-facing categories, must be accessible to those with disabilities.
    • Synchronized Tools and Technology: All software and operating systems must be compatible with assistive technologies like screen readers.
    • Expanded Marketplace: This combines chosen global standards such as WCAG 2.0 and aligns with the European Commission’s ICT Standards (EN 301 549) to broaden the range of accessibility solutions available.

    How Does WCAG Affect Section 508?

    As mentioned earlier, the latest revision of Section 508 aligns with WCAG 2.1. WCAG, or the Web Content Accessibility Guidelines, are the international standards for web accessibility developed by the World Wide Web Consortium (W3C).

    So, in effect, WCAG informs the standards set forth by Section 508. WCAG is often considered the golden standard in web accessibility, and following its guidelines can be a big step toward achieving both Section 508 and ADA compliance.

    How is Section 508 Different from the ADA?

    The American with Disabilities Act (ADA), passed in 1990, prohibits discrimination against individuals with disabilities in all areas of public life. While Section 508 specifically deals with federal agencies, the ADA applies more broadly. It prohibits discrimination against people with disabilities in all places of public life. Title II of the ADA pertains to state and local government functions. At the same time, Title III involves private businesses and commercial entities operated by private entities.

    Both acts relate to accessibility for people with disabilities but have significant differences. 

    Section 508

    Section 508 is a set of rules that primarily apply to government entities. However, it also applies to organizations that receive federal funding. This means that government-supported institutions like museums, universities, medical centers, and programs partially federally funded must follow Section 508. 

    Section 508’s accessibility rules also extend to contractors or third-party workers who provide services to government bodies or federally funded organizations. Therefore, any digital platform or website associated with a federally funded entity and used by the public must meet Section 508 standards. Small businesses should consider this if they want to pursue government grants or contract work with federal agencies.

    The ADA

    Section 508 primarily concerns digital accessibility for federal agencies and federally funded organizations. In contrast, ADA has a broader reach, covering both physical and digital spaces across public and private sectors. 

    The ADA requires businesses to make accommodations for their employees and their customers so that those with a disability may not be excluded from participation in or denied services. 

    While court cases have interpreted the ADA to include websites as part of “public accommodations,” it does not provide specific technical guidelines like Section 508. Instead, a sharp increase in lawsuits over the last few years has confirmed that the ADA applies to websites and online applications just as much as to physical stores and offices. For example, in 2022, there were 2,387 web accessibility lawsuits filed in Federal Court and California State Court under the Unruh Act. 

    Does Section 508 Apply to My Business?

    You might wonder if Section 508 applies to you if you’re a business owner. The answer largely depends on your business type. If you are a federal contractor, receive federal funding, or serve a federal agency, Section 508 compliance is mandatory. Consult with a legal expert to fully understand your obligations when in doubt.

    If you’re not a federal agency and still want to make your website accessible, following Section 508 guidelines can be an excellent place to start. It’s always a good idea to strive for inclusivity in your business practices.

    What’s the Risk of Non-Compliance?

    Non-compliance with Section 508 can result in serious legal consequences.

    Let’s take a look at some real-life examples:

    NAD vs. Harvard and MIT

    In 2015, the National Association of the Deaf (NAD) filed lawsuits against Harvard University and the Massachusetts Institution of Technology (MIT). The NAD argued that the universities failed to caption online course content, discriminating against people with hearing disabilities. Both universities settled, leading to more rigorous captioning commitments.

    On November 8, 2019, the National Association of the Deaf (NAD) reached a settlement with Harvard University requiring high-quality captioning services for its publicly available online content. The settlement, memorialized in a class action consent decree, was approved by the Court on February 27, 2020. The Plaintiffs reached a similar settlement with MIT, which was approved on July 21, 2020.

    NFB vs. Department of Education

    Similarly, the National Federation of the Blind (NFB) filed a complaint against the United States Department of Education in 2009. The NFB claimed that one of the Department’s websites, called the U.S.A. Learns violated Section 508 because it’s inaccessible to those who rely on text-to-speech technology or Braille displays to access information. 

    The U.S.A. Learns, a free English-language learning website operated by the Department of Education, underscores the requirement for any government-funded online platform to comply with Section 508.

    These cases highlight that non-compliance can result in time-consuming litigation, financial penalties, and damage to reputation. Prioritizing digital accessibility is critical for businesses and institutions, not only for legal compliance but also to ensure inclusiveness for all users. 

    Section 508 Compliance with 216digital

    Understanding and implementing web accessibility guidelines, like those set out by Section 508 and WCAG, is essential for any business operating in the digital landscape today. Non-compliance can result in severe legal and financial consequences, as demonstrated by the real-life lawsuits against Harvard, MIT, and the Department of Education. But beyond compliance, embracing web accessibility is about inclusivity and fairness, ensuring all users, regardless of ability, have access to information and services.

    That’s where 216digital comes into play. We understand that navigating the complex landscape of web accessibility can be daunting for businesses of all sizes. Our experienced team is equipped with in-depth knowledge of Section 508, WCAG, and ADA compliance. We offer comprehensive services to ensure your digital platforms are not only legally compliant but also inclusive and user-friendly for all users, regardless of ability.

    By choosing to work with 216digital, you are not only safeguarding your business against potential legal repercussions but also championing digital inclusivity. Don’t wait until it’s too late – contact us today to ensure your website is accessible for everyone. Together, we can make the internet a more inclusive space.

    Greg McNeil

    July 13, 2023
    216digital, ADA Compliance, ADA Web Accessibility, Website Accessibility
    Accessibility, ADA Compliance, ADA Lawsuit, ADA non-compliance, ADA Website Compliance, Website Accessibility
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