Protect Your Business and Foster Accessibility with EcomBack
With the rise in ADA website lawsuits, ensuring your digital presence is accessible isn’t just about compliance—it’s a commitment to inclusivity and good business. At EcomBack, we specialize in helping businesses achieve accessibility compliance, reduce legal risks, and create a seamless experience for all users.
This guide will walk you through the importance of ADA compliance, common website violations, and practical steps to prevent lawsuits.
What is ADA Website Compliance?
ADA compliance ensures that websites and apps are accessible to individuals with disabilities, aligning with civil rights laws. Key frameworks include:
- The Americans with Disabilities Act (ADA): Prohibits discrimination against people with disabilities in both physical and digital spaces.
- Web Content Accessibility Guidelines (WCAG): A global standard for making websites perceivable, operable, understandable, and robust for all users.
Who Needs to Comply?
- Businesses open to the public (e.g., retail, hospitality).
- E-commerce platforms.
- Public entities like state and local governments.
- Industries prone to lawsuits, including healthcare, education, and financial services.
Why Website Accessibility is Crucial
- Avoid Legal Risks: ADA non-compliance can lead to lawsuits, settlements, and fines ranging from $2,500 to $20,000 or more. Read EcomBack’s lawsuit reports for the latest trends and insights.
- Expand Your Reach: Accessible websites attract over 60 million Americans with disabilities and older adults with age-related challenges.
- Build Trust and Loyalty: Inclusivity enhances user experience and strengthens your brand reputation.
- Does Fixing Accessibility Issues Make a Lawsuit Void?
A common misconception is that fixing website issues during a lawsuit nullifies claims. However:
- No. Fixing Issues After the Fact Doesn’t Dismiss Lawsuits: Courts may still require settlements or damages. Read our blog about this topic.
- Proactive Compliance is Key: Avoid legal challenges altogether by maintaining accessibility standards.
Common ADA Website Violations
Understanding frequent violations helps you identify and address risks before they escalate.
- Missing Alt Text: Images without descriptions are inaccessible to screen readers.
- Keyboard Navigation Barriers: Websites must function without a mouse.
- No Video Captions: Multimedia must have captions and audio descriptions.
- Poor Color Contrast: Text needs a contrast ratio of at least 4.5:1.
- Improper Form Labels: Forms must include clear labels for assistive technology users.
Steps to Prevent ADA Website Lawsuits
- Conduct a Thorough Audit
- Use tools like WAVE by WebAIM and Google Lighthouse for initial checks.
- Work with EcomBack for a manual audit to identify hidden issues.
- Document Compliance Efforts
- Keep records of audits, updates, and employee training to demonstrate good-faith compliance.
- Stay Updated on WCAG Guidelines
- Follow evolving standards like WCAG 2.2 to ensure continued compliance.
- Commit to Ongoing Maintenance
- Include accessibility checks in routine updates to avoid future issues.
What to Do If You’re Sued
- Consult an ADA Attorney: Get legal advice specific to your case. Contact us if you need a list of reputed attorneys.
- Develop a Remediation Plan: Address violations and align with WCAG standards.
- Consider Settlement Options: Early resolution can save time and money.
- Communicate Transparently: Keep stakeholders informed about your accessibility efforts.
Cost of ADA Lawsuits: What You Should Know
Typical ADA lawsuit settlements vary:
- $2,500 to $20,000 is the general range for settlements.
- New York cases often award plaintiffs around $500, with the rest going to attorneys.
- California plaintiffs can receive up to $4,500, with additional attorney fees.
Title: “Typical ADA Website Lawsuit Settlements”
- New York Cases: $500 to plaintiff; remainder to attorneys.
- California Cases: Up to $4,500 to plaintiff.
- Overall Settlements: $2,500–$20,000.
Examples of ADA Lawsuits
Robles v. Domino’s
- Domino’s website was inaccessible to screen readers. The court ruled against Domino’s, requiring WCAG compliance.
- Lesson: Proactive compliance avoids costly litigation and brand damage.
National Federation of the Blind v. Target
- Target settled for $6 million due to an inaccessible website.
- Lesson: Meeting accessibility standards can save millions.
How EcomBack Can Help
At EcomBack, we offer:
- Accessibility Audits: Identify and resolve WCAG violations.
- Staff Training: Equip your team to maintain accessibility.
- Accessibility Statements: Showcase your compliance efforts to users.
Frequently Asked Questions (FAQs)
Q: Who is required to comply with ADA website requirements?
A: Businesses open to the public, e-commerce sites, and public entities must comply.
Q: How much do ADA lawsuits typically cost?
A: Settlements range from $2,500 to $20,000, depending on the attorneys involved, case and location.
Q: What tools can I use to check compliance?
A: Tools like WAVE by WebAIM and Google Lighthouse are great for automated checks, but manual audits are essential for full compliance.
Take Action Today
Don’t wait for a lawsuit to highlight your website’s accessibility issues. Contact EcomBack for a free consultation and ensure your website meets ADA compliance standards. Together, we can create a more inclusive online experience for everyone.