Did you know?
There’s a recent wave of ADA lawsuits targeting websites across the country.
Average Settlements
Settlements on ADA website compliance typically range from $5,000 to $50,000, and can be much higher.
You'll Still Have to do it
If you get a demand letter or are sued and end up settling, you still have to make your website accessible.
Can get sued again & again
If you get sued once, it doesn’t mean you can’t get sued again if you don’t fix your website.
Plus it’s just a good thing to do. We all need some good karma.
Plus it’s just a good thing to do.
We all need some good karma.
$99
ADA COMPLIANCE
WEBSITE AUDIT
Facts:
- Title III of the Americans with Disabilities Act (ADA) is being interpreted to include websites as “places of public accommodation”.
- Websites with significant inaccessible components can be seen as discriminatory against persons with disabilities, in violation of Title III of the ADA.
- The ADA is a strict liability law which means there are no excuses/defenses for violations (e.g. ignorance, web developer is working on it, etc.)
- No current legal prescription exists for web accessibility but WCAG 2.0 AA has been commonly referenced as a guide.
- Lawyers are currently filing ADA lawsuits as fast as they can.
“The attorneys are telling us, ‘You can’t fight this. There’s nothing you can do, just write them a check”
“The attorneys are telling us, ‘You can’t fight this. There’s nothing you can do, just write them a check”
No biggie… right?
ADA lawsuits, filed in federal and state courts, have targeted the websites of retailers including Winn-Dixie supermarkets, Domino’s Pizza and universities including Harvard and MIT.
The Hooters restaurant chain was sued in 2017, even after the chain agreed to fix its website as part of a settlement of a previous lawsuit. A federal appeals court ruled that Hooters remained vulnerable to lawsuits until it fixed the website under the previous lawsuit settlement.
The American Council of the Blind announced that it had reached a settlement with the streaming service Hulu to make Hulu’s website and software app more accessible to blind users.
Small businesses like Island Comfort Footwear in the Westfield Countryside Mall was also sued. The owner Ben Tundis’ attorney estimated the settlement to be between $8,000 and $13,000.
They’ve gone after big names, such as Sephora, Helzberg Diamonds, The Home Depot and Chick-fil-A, claiming their websites are not ADA compliant.
Some recent cases are against the Clearwater shoe store, an activewear boutique in Orlando, Florida called Sassy Pants and Tampa Bay Lightning apparel inside Amalie Arena.
“Does your website offer information, products, services, or functions for end-users or consumers? Does it meet all the standards within the WCAG 2.1?
If not, then yes, you are at very real risk of being sued.”
“Does your website offer information, products, services, or functions for end-users or consumers? Does it meet all the standards within the WCAG 2.1?
If not, then yes, you are at very real risk of being sued.”
Think it can’t happen to you?
It can, and it just might.
Here’s a link to an actual demand letter. Not only did the settlement ask for “injunctive relief, and reasonable attorney’s fee and costs,” they also requested extensive remedial measures to the company’s website and web practices, including assessment, training, user-testing, monitoring, and other policy and programming measures.
This is not an isolated incident. Hundreds of class action lawsuits were filed last year against retailers, banks, hospitals, universities, and other places of “public accommodation”.
Clients
Over the last thirty years, I've had the privilege of working with some terrific companies and clients. Here's just a few recent clients.
