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Businesses ‘sitting ducks’ for lawsuits because websites aren’t ADA compliant

Last year, there were 2,285 ADA website lawsuits filed in federal courts across the nation, an increase of a 181 percent from 2017, according to website accessibility company UsableNet. The majority of lawsuits originate in Florida and New York.

“The attorneys are telling us, ‘You can’t fight this. There’s nothing you can do, just write them a check,’” said Ben Tundis, owner of Island Comfort Footwear in the Westfield Countryside Mall in Clearwater..

Watch the video for the whole story! Act NOW and don’t get sued!

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billed annually

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WCAG 2.1 AA, ADA,
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BITV, RGAA, SI 5568,
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Stanca Act, JIS.

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WCAG 2.1 AA, ADA,
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BITV, RGAA, SI 5568,
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WCAG 2.1 AA, ADA,
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BITV, RGAA, SI 5568,
Stanca Act, JIS.

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WCAG 2.1 AA, ADA,
Section 508, EN 301549,
BITV, RGAA, SI 5568,
Stanca Act, JIS.

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WCAG 2.1 AA, ADA,
Section 508, EN 301549,
BITV, RGAA, SI 5568,
Stanca Act, JIS.

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Full remediation
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WCAG 2.1 AA, ADA,
Section 508, EN 301549,
BITV, RGAA, SI 5568, 
Stanca Act, JIS

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BITV, RGAA, SI 5568,
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American Disability Act (ADA)

The Americans with Disabilities Act tells us that all public spaces should be accessible to persons with disabilities, including some digital spaces and those accessible via the Internet. ADA website compliance laws are working their way through the courts. So, it’s not quite clear what the risks of not having an ADA compliant website are.

Of course, the Internet is a big place, and making every website ADA compliant isn’t exactly realistic. But if you’re a digital publisher or a small business owner that’s looking to reach a wide audience with your website, you need to be aware of the ADA and the risks of not complying with the law.

You could face a lawsuit if a person with a disability claims they cannot access your website. You might endure legal fees, a possible settlement, a potential public relations problem, and the cost of rebuilding your website so that it complies with the ADA.

Protect your business or organization and learn about all the risks of not having an ADA compliant website.

Appearing in Federal Court

There are many risks of not having an ADA compliant website. The biggest risk, however, is a potential lawsuit from a plaintiff with a disability that claims they do not have adequate access to the content on your website. This may be a potential customer with a disability that simply cannot access or purchase the goods and services on an eCommerce website, a disabled student looking to apply to a university online, or a person with a disability that’s interested in filling out a job application online.

Most of the ADA website compliance lawsuits that we’ve seen thus far have fallen under one of these categories. If a person is unable to apply for employment or enrollment at a university online due to their disability, that person would have a strong case for discrimination in court. As reported by the New York Times, eight ADA website compliance lawsuits were filed against universities across the state within a time period of just two weeks.

The Upward Trend of ADA Website Compliance Lawsuits

But if you’re not sure whether your website needs to be ADA compliant, join the club. According to a report by The Seyfarth ADA Title III News & Insights Blog, a legal blog that’s been tracking the rise of ADA website compliance lawsuits, 751 suits have been filed against website owners since the start of 2015, with 432 of these suits being filed in the first half of 2017 alone. This alarming trend is throwing the online world into a frenzy. Website owners, major corporations, and digital publishers are uncertain of whether they’re legally obligated to make their content more accessible to users with disabilities.

The main reason for all this confusion is the lack of legal consensus as to which websites fall under the jurisdiction of the Department of Justice and the ADA. Websites tend to fall under this category if they are considered “a place of public accommodation.” This is essentially an extension of a physical location such as a brick and mortar store or a university. Yet, different circuit courts have different interpretations of the law and what validates a plaintiff’s argument that they are, in fact, victims of discrimination.

The Winn-Dixie Case

A recent case in Florida involving the grocery store chain Winn-Dixie highlighted some of these issues when it became the first ADA website compliance lawsuit to go to trial. The plaintiff argued that 90% of the grocery store’s website is inaccessible using JAWS. JAWS is a software program that reads text on the screen for the visually impaired. Legal representatives for the company argued that the Winn-Dixie website is not a place of public accommodation. Therefore, it should not be made to comply with the ADA. The court ruled that Winn-Dixie violated the law because of the supplementary content offered on its website. The content tied to the store’s physical location, such as coupons for in-store purchases, store location services, and the option to renew a prescription medication online.