There has been a recent surge in ADA (Americans with Disabilities Act) Web Accessibility lawsuits, with companies of all sizes facing legal challenges from an ADA Agency or private citizens over non-compliant websites. The data speaks for itself: 2023 saw a significant increase in lawsuits, driven in part by the increasing use of controversial ADA overlays and the ease with which websites can now be tested for compliance.
At Three29 we want to help you understand the current statistics on ADA lawsuits, explain why websites are particularly vulnerable, explore the difference between federal and state lawsuits, and outline the comprehensive ADA Compliance services that we offer to protect your business.
ADA Web Accessibility Lawsuits: The Numbers Don’t Lie
Taking a look at the numbers is always a smart place to start. According to UsableNet, 2023 saw a total of 4,605 ADA lawsuits: 3,086 federal suits and 1,519 state suits. This data reveals that accessibility lawsuits continue to grow in frequency and hold businesses accountable for failing to meet ADA Web Compliance standards. Interestingly, Accessibility.com reported a lower, yet still troubling figure, citing 2,281 lawsuits in total. This discrepancy highlights a significant issue in ADA reporting since tracking and documenting these suits varies by source. The trend in both cases remains the same however; non-compliance is a serious legal and financial risk.
Overlay usage has played a significant role in this surge of lawsuits. ADA overlays are automated tools designed to enhance website accessibility quickly, but they often fall short. UsableNet’s 2023 report indicates that lawsuits involving overlays surged by 60%, contributing to 30% of all accessibility-related lawsuits. In total, 933 businesses using an overlay were sued. Many of these lawsuits cited the overlay widget itself as the accessibility barrier—a clear sign that automated solutions are not the silver bullet they’re often marketed as.
The Risks of Non-Compliance: Websites Are the Prime Target
Both UsableNet and Accessibility.com agree on one critical point: 97% of lawsuits in 2023 specifically targeted websites. Why? Because websites are the easiest to evaluate for ADA Compliance. A simple free testing tool can quickly expose areas of non-compliance, which makes websites highly vulnerable to litigation. In contrast, web-based SaaS (Software as a Service) applications and mobile apps are much harder to access and test, as they often require registration or purchase.
This data emphasizes that all businesses, whether operating through an informational website, an e-commerce platform, or a SaaS product, need to seriously prioritize accessibility. ADA Web Best Practices should be implemented across all digital assets to minimize the risk.
Understanding Federal vs. State Lawsuits and Demand Letters
It’s important that people distinguish between federal and state lawsuits as well as the role of demand letters in ADA compliance issues. Federal lawsuits tend to get more publicity and are often more complex because they involve detailed investigations and longer legal processes. State lawsuits, while less prominent, can still be quite damaging and costly. Some states also have stricter standards for ADA Website Compliance, so in those areas, it’s easier to file suits at a local level.
Demand letters are another tool often used by law firms specializing in ADA cases. These letters are typically sent to companies as a prelude to a formal lawsuit, highlighting specific accessibility issues and often demanding a settlement to avoid legal proceedings. Both small businesses and large corporations are vulnerable to these demands. In many cases, it’s a smaller business with fewer resources that becomes the prime target however, due to the perceived inability to fight back.
Websites, SaaS, and Mobile Apps: A Breakdown of Vulnerability
The data collected over recent years shows that websites remain the primary target for ADA lawsuits due to their accessibility and ease of evaluation. However, it is important to note that SaaS platforms and mobile apps are not completely immune. Although testing them requires more effort and in some cases a paid subscription, companies that neglect accessibility within these platforms still face potential lawsuits.
The surge in lawsuits against websites, particularly those using ADA overlays, serves as a wake-up call to businesses: Automated solutions are not enough. A comprehensive, manual approach is necessary to ensure true accessibility and minimize legal exposure.
The Dangers of ADA Overlays: Why Quick Fixes Aren’t the Solution
The appeal of ADA overlays obviously lies in their promise of quick compliance with minimal effort. However, the surge in lawsuits against websites using overlays demonstrates that they often fail to deliver on that promise. Many lawsuits cite the overlay itself as the barrier to accessibility, highlighting several common issues:
- Inconsistent Screen Reader Compatibility: Overlays often create conflicts with screen readers, preventing visually impaired users from accessing content effectively.
- Keyboard Navigation Failures: For users who rely on keyboard navigation, overlays can introduce glitches, making websites even less accessible.
- Visual Adjustments with No Actual Accessibility Improvements: Overlays may alter visual elements without addressing the underlying code, leading to a false sense of compliance.
These failures underline the need for a more thorough approach to ADA Web Compliance through manual remediation.
The Vulnerability of All Business Sizes
No company is immune to ADA lawsuits. Whether you run a small e-commerce store or manage a Fortune 500 company, ADA compliance is still a legal necessity. Small businesses often feel the sting more acutely, even though they typically serve more people, as they may lack the financial and legal resources to fight lawsuits. Meanwhile, large corporations can suffer reputational damage and still face hefty settlements or legal fees.
Three29’s Core Compliance Services: Your Solution to ADA Compliance
At Three29, we truly understand the challenges businesses face in achieving and maintaining ADA compliance. Our focus is on ADA Core Compliance through manual remediation, so that your digital assets meet the very highest standards of accessibility. Here’s a quick breakdown of the services we offer:
1. AI Accessibility Audits
Our AI-based site scan performs an ADA compliance check every month, identifying areas that need remediation. This proactive approach keeps you ahead of potential compliance issues and ensures your site is regularly evaluated for accessibility.
2. Comprehensive Manual Audits
Automated scans have their limitations, which is why our team conducts detailed manual audits. We review the code base of your major page templates, ensuring they align with ADA Digital Accessibility standards. Manual audits address the more complex accessibility issues that AI tools can miss.
3. ADA Compliance Badge
We provide an ADA Compliance Badge for your website—a visible sign that you’re aware of ADA regulations and actively working to comply. This badge acts as a deterrent to potential lawsuits by showing that accessibility is a priority.
4. Comprehensive Checklist & Manual Remediation
Our in-depth checklist covers all ADA compliance criteria, with a focus on areas that are often overlooked by automated tools. Our manual remediation looks to see that the most aggressive ADA violations are addressed, which provides a robust solution that goes beyond quick fixes.
5. ADA Compliance Vault
At Three29, we go the extra mile with our ADA Compliance Vault. Every AI scan, manual audit, and remediation is documented and saved in a secure vault. In the dreaded event of a lawsuit, we can provide proof of your ongoing compliance efforts within 24 hours, helping to stop legal threats in their tracks.
6. ADA Statement and Training
Our dedicated team provides a comprehensive ADA statement for your website, outlining your compliance efforts. We also offer training to your staff, ensuring that your site remains compliant as it evolves.
Why Choose Three29 for Your ADA Web Compliance Needs?
We hope it’s obvious by now that here at Three29, we recognize ADA Core Compliance is not a one-time task, but an ongoing process. By prioritizing manual remediation over automated fixes, we help companies and organizations of all sizes achieve genuine accessibility, reduce the risk of lawsuits, and improve the user experience for everyone.
No matter what type of business you’re in, ADA compliance is not optional. With the rise in lawsuits and the high stakes involved, now is the time to take action! Contact Three29 today by calling (916) 512-3290, and learn more about our ADA Compliance services and how we can protect your business from costly legal battles while creating a more inclusive online environment.
