216digital.
CTA Link
  • 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
  • What is Web Accessibility & Why is it Important?

    What is Web Accessibility & Why is it Important?

    Most of us can hardly conceive what life would be like without the internet. The ability to have the world at your fingertips or the click of a mouse. But what if you can’t use a mouse? What if you can’t see the screen of your computer or hear a video playing?

    As soon as we ask these types of questions, we can begin to see how the internet can create barriers, leaving some users frustrated and reliant on others. However, once we can recognize these barriers, we can begin to remove them, creating web content, design, and tools that everyone can use regardless of their ability. Here is an introduction to the basics of web accessibility. 

    What is Web Accessibility?

    We have all experienced the annoyance of squinting at a poorly selected font, blurry images, or trying to navigate a page that is not compatible with mobile devices. While these issues are a slight inconvenience, they can restrict or eliminate their internet usage to some. 

     Web accessibility provides everyone with the same access to digital information without any hindrance, regardless of impairments or disabilities. Users should be equipped with the tools and capabilities to aid in the website’s perception, understanding, contribution, navigation, and interaction. 

    Why is Web Accessibility Important?

    The internet is an essential resource in almost every aspect of life. During the 2020 COVID pandemic, the internet became a lifeline to many, keeping the world connected. The high rate of digital adoption within the past two years has revolutionized our lives and society. Still, a significant percentage of the world’s population is limited or cannot use the internet due to accessibility barriers. 

    Web Accessibility for Users

    Accessibility barriers hinder users with disabilities from interacting and experiencing the internet. According to the World Health Organization (WHO), over 1 billion people have some disability, with the rates continuing to rise from chronic health conditions and population aging.  

    There are three disabilities or impairments: conditional or situational, temporary, and permanent. Conditional or situational impairment is the difficulty accessing digital information due to the situation. An example of situational impairment would include noise, poor lighting, distractions, or slow internet speed. Permanent and temporary disabilities are more commonly associated with disability, including visual, hearing, neurological, cognitive, and motor issues. 

    Web Accessibility Benefits for Your Business

    Web accessibility often is thought only to remove barriers for users facing disabilities. However, accessibility can be just as beneficial for your online business as it can its users. 

    Brand Reputation

    Having an accessible website creates an inclusive environment for your users while providing them with more meaningful interaction with your website and brand by building trust and reputation. For instance, Facebook has been praised for ensuring its site accommodates blind users.

    Expanding Market

    Your online business lives and breathes according to your customers. The internet is the best place to reach out to customers and expand your market. By making your website accessible, you will cater to an estimated $1.2 trillion market that the competition could be overlooking. As a result, you are increasing your customer retention and acquisition. 

    Legal Compliance

    Additional, by ensuring your website is accessible, you could mitigate a frivolous ADA lawsuit. One lawsuit is filed every hour either in federal court or in California under the Unruh Act directly violating ADA guidelines. 

    Web Accessibility can be beneficial for both your customers and your business. But what are the guidelines for Web Accessibility, and how are they determined?

    Website Accessibility Guidelines

    Users with a disability can change how they interact with the internet using assistive software. However, how users interact is not always predictable. For instance, an individual with low vision could use a screen reader or screen magnifiers. Ideally, a website’s content should be accessible for all users, including users who require assistive software.  

    The Web Content Accessibility Guidelines (WCAG) are the most widely cited international standards for web accessibility. WCAG included specific checkpoints and recommendations based on a principle-based approach to ensure all users can share in the same experience. 

    The Four Principles of Website Accessibility

    WCAG’s principle-based approach is the foundation for producing content and for anyone who wants to use the web. POUR is an acronym that describes accessibility as perceivable, operable, understandable, and robust.

    Perceivable

    The state or quality of information and elements on a website has to be capable of being perceived through the senses, leaving nothing left undetectable or invisible. Most users perceive information relying on visuals or sight. Visually impaired users perceive information through sound or touch. For instance, if a user cannot see an image, how can they perceive the content of the article they are reading? Images with well-written alternative text can provide context, allowing them to still perceive the content just as individuals with sight. 

    Operable

    Users must be able to operate a website’s interactive elements. Interactive interface elements such as buttons, navigations, or controls should operate for all users. Users must operate the interface elements by first identifying them and engaging with them. For instance, have you ever tried to click a submit button on a website, and nothing happened? Your interaction with the malfunctioning button has limited your experience or has prevented you from using the website how you intended. 

    Users who cannot interact with elements physically by clicking, or tapping, rely on the tab key, voice commands, or other assistive devices to engage with elements. Websites should not require actions that some users cannot perform. Some users will even not use your website if they cannot function with a keyboard alone. These barriers can limit your website’s reach and create a poor users experience for all users. 

    Understandable

    Websites should be clear and concise in presentation and format, with predictable patterns of use and design. Users should have no issue comprehending the meaning and purpose of the presented information. The “understandable” principle also applies to user interaction elements such as buttons, semantic markups within the code, and other elements to your site. Everything should have a purpose and a meaning behind your site’s content.

    Robust

    Robustness is the ability for content to function reliably using various technologies, including assistive devices. Websites need to provide the same information and interactivity, regardless of access through screen readers, touch screens, or web browsers.

    The lack of these four principles will make your website inaccessible to your users. Therefore, the WCAG recommendations branch out into more detailed levels of accessibility based on these four leading principles. There are three compliance levels: A, AA, and AAA. Each level increases the requirements for web accessibility compliance, grading the website based on the requirements met. 

    Closing

    The internet has become a modern necessity to everyone, offering independence and freedom unavailable through any other medium. We need to start asking how users interact with our websites and break the barriers to create a more inclusive online environment through web accessibility. Web accessibility allows everyone to access the same digital information without hindrance, regardless of impairments or disability. Providing the tools and capability to your user’s aid in your site’s perception, understanding, contribution, navigation, and interaction.  

    As you become aware of the importance of web accessibility and its impact on both your company and your customers, it is essential to know you are not alone. Integrating accessibility can seem intimidating at first, but 216digital  is here to help. We have a passion for web accessibility and ensuring your business is thriving in a continuously growing medium. If you would like more information on web accessibility or how to make your website accessible today, schedule a 15-minute complimentary consultation with our experts or request a free ADA compliance scan today by clicking the link below.

    Request A Free ADA Compliance Scan

    Greg McNeil

    January 13, 2022
    216digital, ADA Compliance, Website Accessibility
    Accessibility, ADA Compliance, ADA Website Compliance, Web Accessibility, Website Accessibility
Previous Page
1 2 3

Audit Your Website for Free

Find Out if Your Website is WCAG & ADA Compliant