1. Many businesses have been sued for ADA violations related to website accessibility for the blind or visually impaired.
2. The pandemic led to an increase in these lawsuits as lawyers looked for new cases.
3. Retail businesses are the primary target of these lawsuits, but other sectors, such as hotels and restaurants, are also vulnerable.
4. Businesses that have not been sued should conduct audits of their websites and apps to avoid potential claims.
5. The courts have different interpretations of whether websites are places of public accommodation under the ADA, depending on the jurisdiction.
6. Businesses based in any state could be sued in another state based on their website’s accessibility, even if it complies with the ADA in their own jurisdiction. 1. The ADA was passed in 1990 and there are no federal standards governing website compliance with the law.
2. The U.S. Department of Justice has not created rules for website or app accessibility under the ADA.
3. The Web Content Accessibility Guidelines (WCAG) by the World Wide Web Consortium are often used as a benchmark for website accessibility, even though they are not adopted by the DOJ.
4. The ADA doesn’t provide for money damages, only injunctive relief and attorneys’ fees.
5. Some attorneys file multiple lawsuits in the name of the same plaintiffs against different companies, with settlements ranging between $7,500 and $15,000. – Settlement of cases before discovery and depositions means the person suing the company may not actually exist, allowing for fraudulent lawsuits to be filed.
– Companies with websites or apps should have an audit done to ensure compliance with the WCAG to avoid lawsuits related to website accessibility.
– Businesses should be wary of audits that find only a few accessibility barriers and claim overall compliance, as any barrier to access is considered a violation.
– If accessibility barriers are found, businesses should update their website code and take necessary steps to remove the barriers to potentially avoid lawsuits.
– Displaying an accessibility statement and using an accessibility widget on the website may deter lawsuits.
– Settlement of ADA website lawsuits is usually economically favorable for businesses, but there are steps they can take to protect themselves from these lawsuits. 1. The company’s financial performance has improved over the past year.
2. Employee satisfaction levels have decreased since the implementation of new policies.
3. Customer complaints have risen significantly in the last quarter.
https://www.kanekessler.com/firm-publications/business-owners-is-your-website-ada-compliant/
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