Many U.S. businesses face significant legal challenges for violating Web Content Accessibility Guidelines (WCAG) and not complying with the Americans with Disabilities Act (ADA). These issues are leading to a rise in ADA-related website lawsuits for non-compliance. While the ADA doesn’t mention the WCAG, conforming to WCAG 2.1 is a reliable way to meet the ADA’s equal access requirements. WCAG 2.2 is the updated version, but WCAG 2.1 compliance will still help you mitigate legal exposure.
This blog explains web accessibility lawsuits, identifies who gets sued, outlines best practices for navigating the process, and strategies to help you avoid related challenges.
How can you mitigate web accessibility lawsuits?
Learn everything about the laws below to protect your business from unnecessary legal issues.
- ADA Title III and Web Accessibility: ADA Title III applies to restaurants, hotels, retail stores, libraries, parks, and daycare centers. These businesses need to provide physical and online accessibility to people with disabilities, according to U.S. courts.
- WCAG 2.1 follows four essential principles, supported by three levels of compliance:
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- Level A is the most basic compliance
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- Level AA is the globally expected standard.
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- Level AAA is the highest and most challenging level to reach.
WCAG 2.1 Level AA Requires:
- Screen-reader website compatibility
- Alt text
- Proper use of headings and labels to ensure organized, readable content
- User-friendly forms and controls
What if you face an ADA lawsuit for website non-compliance?
The best approach is to make your site comply with WCAG 2.1 and ADA regulations. Together, they help protect you against web accessibility lawsuits. But we don’t always live in a best-case-scenario world, so here’s what to expect if a plaintiff sues your company:
1. A Notice Arrives
You get sued and receive details on your compliance violations. You may also learn what damages the plaintiff is seeking. Below, we go into further detail on the types of notifications and stages of web accessibility lawsuits to expect, along with the respective timeframes to address them.
2. Time to Hire a Lawyer
You’ll need a defense lawyer to prepare your legal strategy properly, which can be costly. Still, it’s necessary to find a lawyer who’s an expert in internet accessibility law and equal rights. Then, build a case and refute any charges against you in an ADA website lawsuit. The goal is to create a solid defense showing your website is accessible and compliant.
3. Go to Trial
You likely need to go to trial once your lawyer prepares your defense, which can come with hefty fines. The penalty for not meeting accessibility standards can range from $50k to $100k. Remember that there are various steps you can take to verify whether the plaintiff is filing bogus claims, along with investigating whether they even attempted a purchase or your site. The best practices are outlined in detail below.
4. Make Your Case
While you may be correct, and your site is, in fact, accessible, you’ll need an expert witness to attest to that fact. If you are a reputable web developer, you may count as the expert, but if you’re not, get ready to pay. You’ll need to hire an impartial technical expert to witness your case who can provide a detailed technical review proving that your site is accessible and the claims of the website accessibility lawsuit may be bogus.
5. Who Wins in the End?
Accessibility lawsuits are becoming more commonplace, and many businesses settle out of court to avoid a protracted, costly legal battle. It’s easy to understand why. Even if your site is compliant and you technically win the case, it’s not over. The plaintiff can appeal to higher courts, dragging the case out for years. And even if you win, recovering lawyer and court fees can be difficult.
Sometimes, the judge may award you damages for legal fees, but it may be in small sums over many years. If your site is proven noncompliant, things get even more expensive, as you’ll need to pay a fine at the judge’s discretion.
Ultimately, your bank account will look like this, no matter what the ruling is: Lawyers’ Fees + Work Missed + Technical Expert Witness + Court Fees + Court Fines = High Expenses. And this doesn’t even account for possible negative press and reputational damage.
Are there tips for handling website accessibility lawsuits?
Other than the suggested steps and guidelines for what to expect with web accessibility lawsuits, there are recommended best practices. We’ve compiled some proactive tips to help you get through the process.
Verify Your Insurance Policy Coverage
Some insurance policies cover legal defense costs for web accessibility lawsuits and can assign an attorney directly to your case. You could also reduce legal fees if a claim falls under Employment Practice Liability Insurance (EPLI) as its own case or is considered an endorsement to a Directors and Officers Policy (D&O) or Business Owner Policy (BOP). You can also find coverage in cyber, media, or website liability policies. Talk to your insurer and verify details as soon as possible.
Manage The Required Documentation
Scanner Reports
A plaintiff’s attorney must generate an online scanner report for an accessibility lawsuit demand letter or complaint. Make sure your lawyer requests the online scanner report for your records. Digital accessibility companies with an LSP (Legal Services Program) can help validate the allegations in the report, which are often outdated or bogus. When presenting invalid allegations, your chances of negotiating a settlement and creating a more substantial defense case increase.
Check Customer Records for Their Status
Not all ADA lawsuits against websites involve customers attempting to purchase anything online. Some individuals or organizations want to exploit lucrative opportunities in a legal claim, or they could be competitors looking to tarnish your brand reputation. Make sure you investigate customer records and whether the Plaintiff tried to purchase on your website. Check everything from call records to emails inquiring about transactions or purchase support. Your defense could be even more vigorous if the plaintiff isn’t a customer.
Identify Your Connection to The Case Jurisdiction
Sometimes, ADA website lawsuits happen in out-of-state courts. If it’s unclear why your claim reached courts in that region, calculate the percentage of your company’s transactional revenue from that state to determine if there’s a connection. Once you have figures in place, you can understand the relevance and take necessary action.
Address Allegations and Lawsuits Within Given Timeframes
Addressing litigation threats within the allotted time frames is critical to avoid possibly severe repercussions. Let’s look at timeframes for the various scenarios you could face:
1. Receiving a Demand Letter Threatening Litigation
The court doesn’t provide plaintiffs with a specific amount of time to wait before filing a lawsuit after sending a demand letter. If a plaintiff’s counsel sees signs that you want to settle, they can hold off on or file a lawsuit at any time. As a professional courtesy and gesture of goodwill to opposing counsel and even the defendant, the plaintiff’s counsel will often agree to extend your response time before they file a lawsuit.
2. Receiving Notice Of Your Lawsuit
Your timeframe to respond starts once you receive a summons and complaint from the plaintiff. Service is proper in most jurisdictions when the actual business owner or right representative is served. Sometimes, service can be done via mail or even digitally on rare occasions if court-ordered. This scenario gives you time to develop a defense or settlement strategy, but always know that the plaintiff will serve you papers soon.
3. Receiving Documentation About Your In-Court Lawsuit
Expect to receive a complaint response deadline, which will vary based on the court and case. In most cases, you have 21 or 30 days to respond. Failure to respond within the allotted time or missing an extension deadline could cause default judgment against you, meaning you automatically lose the case.
What companies are vulnerable to web accessibility lawsuits?
All-sized companies risk penalties for an ADA compliance lawsuit, and even the most prominent firms may need a better understanding of respective guidelines. It may seem obvious that companies with extensive web development teams would protect themselves against non-compliance, but they’re still getting slammed with hefty fines.
For instance, Greyhound recently paid $300,000 for an ADA compliance lawsuit and the standard $75,000 civic penalty. The company only had 15 days to pay the $75,000 in civil penalties—could your company pay that kind of cash within 15 days?
Greyhound’s penalties pale in comparison to other cases. There was a $6 million case against Target, in which the company also paid over $3.5 million in attorney’s fees for the National Federation of the Blind.
The lesson? Don’t take the costly impacts of violating the web accessibility guidelines lightly. The National Museum of Crime and Punishment also violated ADA guidelines. Their settlement extended beyond fixing their website, including hiring new staff members and implementing new policies. Violating the ADA can have lasting effects. Instead of paying fines and legal fees, why not take the initiative to make your website more accessible and compliant?
What are the most common ADA compliance violations?
The ADA doesn’t specify written guidelines for web accessibility. Nonetheless, the Department of Justice (DOJ) will enforce Title III of the ADA regarding public-facing company websites. Fortunately, the DOJ released further guidance on how Title III applies to the web in March 2022.
Because web accessibility laws are highly open to interpretation, always stay updated on the latest guidelines.
The Most Common ADA Website Violations You Can Avoid
- Missing Image Alt Text: Alt text describes visual content critical for accommodating screen readers. The highly publicized Robles v. Domino’s Pizza, LLC, CA, cites this ADA violation, helping set a precedent for how ADA Title III applies to websites.
- Poor color contrast: Low-contrast text is challenging for color-blind people and other vision-related disabilities. Ensure you’re using the proper contrast ratios.
- Keyboard Traps: Some end users can’t navigate with a mouse, so keyboard accessibility should be an integral part of your design strategy. Websites should be entirely usable with a keyboard to meet ADA compliance.
- Missing Form Labels And Related Challenges: Every form entry must enable screen readers to convey related content.
Two noteworthy web accessibility Lawsuits
National Federation of the Blind v. Target Corporation (2005)
The National Federation of the Blind (NFB) alerted Target Corporation in 2005 of their website’s inaccessibility to blind people and filed a lawsuit in 2006. The lawsuit accused Target of violations of:
- California Unruh Civil Rights Act
- California Disabled Persons Act
- The Americans with Disabilities Act (ADA)
Target eventually settled to pay $6 million in damages and agreed to make its website digitally accessible.
National Association of the Deaf v. Harvard (2015)
The association alleged Harvard and MIT violated the ADA and Section 508 for not providing accurate and comprehensive video/audio captioning for online courses. The ruling ensures that university-sponsored web content is digitally accessible. Harvard paid $1,575,000 in attorneys’ costs and fees.
UserWay’s comprehensive Legal Support Program (LSP)
UserWay’s LSP puts a member of the Legal Support Team in touch within 5-7 days to help evaluate your case. The program includes assigning your case to an Advisory with applicable legal, accessibility, technical intelligence, and strategies. Plus, a 30-minute consultation with the Legal Support Team, including an experienced litigation attorney well-versed in web accessibility law.
How can you avoid website accessibility lawsuits?
The best defense is ensuring your website complies with as many accessibility standards as possible. While you may be unable to tell that your site is 100% compliant due to vague regulations with multiple interpretations, it’s essential to do your best to try. Otherwise, you will find yourself in the company of other website owners caught in costly web accessibility lawsuits. You must be careful and continually check the changing regulations, and hopefully, avoid expensive fines and embarrassing public lawsuits.
UserWay specializes in web accessibility
UserWay’s primary mission is to provide equal access to the digital world for people of all abilities. And that starts by helping companies like yours increase web accessibility for people with disabilities—the world’s most significant minority. But you also get invaluable legal compliance with the ADA, WCAG, and all other regulatory standards. Remember, ADA lawsuits against websites will only increase. But with UserWay’s comprehensive solution, you can protect your company legally while making the web more inclusive.
Common FAQs
What are the consequences of a non-ADA-compliant site?
Simply put, you’re vulnerable to legal action if your site excludes people with disabilities. The DOJ enforces ADA guidelines and is authorized to scrutinize complaints and apply legal penalties to non-compliant companies. Website accessibility lawsuit numbers are becoming more common, and annual numbers are growing, so it’s a wise business decision to ensure your website is accessible.
How much have ADA website compliance lawsuits increased?
According to Seyfarth Shaw’s findings, over 11,000 plaintiffs filed ADA Title III lawsuits in 2021—a 4% uptick compared to 2020 and a 320% increase compared to 2013. There were 3,225 website accessibility lawsuits in federal court in 2022 – a 12% jump from 2021.
What’s the first step to avoid a website accessibility lawsuit?
Start with an accessibility audit, which will put you on course to ensure your website and all related variables are obstacle-free for people with disabilities. This audit will lay the foundation for meeting compliance and safeguarding your company from costly lawsuits.
