In today’s digital age, the importance of website accessibility cannot be overstated. The Americans with Disabilities Act (ADA) mandates that businesses ensure their digital properties are accessible to people with disabilities, including those using assistive technologies like screen readers. If your website is non-compliant, you could face lawsuits, as many businesses have discovered the hard way. But what happens if you’re already being sued and working to fix the issues? Can another plaintiff sue you while you’re still in the process of making your website ADA-compliant?
The short answer is yes — multiple lawsuits can be filed by different plaintiffs even while you are actively working to fix your website’s accessibility issues. In this blog, we’ll explain how this can happen, why it’s important to act quickly, and how you can protect your business from facing additional lawsuits.
Understanding ADA Website Accessibility Compliance
The ADA was originally passed in 1990 to ensure that people with disabilities have equal access to physical locations. However, in the digital age, there is a grey area in the law of whether the ADA extends public accommodations (business) websites and other digital platforms. Inaccessible websites are now seen as barriers that prevent individuals with disabilities from accessing goods, services, or information.
According to some courts and the DOJ, to comply with the ADA, websites can adhere to the Web Content Accessibility Guidelines (WCAG), which are the international standards for digital accessibility. Failure to comply with WCAG standards can result in lawsuits that can be both costly and damaging to a business’s reputation.
Multiple ADA Lawsuits: Can I Be Sued Again While Fixing My Website?
If you have received an ADA lawsuit and one plaintiff has given you a set amount of time to remedy the accessibility issues, you might assume you are safe from further legal action during that period. Unfortunately, this may not be the case. The ADA is a public law that allows any individual or advocacy group to file a lawsuit if they believe their access to your website has been compromised.
This means that even if you are actively working on fixing the issues raised in one lawsuit, another plaintiff can identify the same or new accessibility issues and file a separate lawsuit. There is no automatic and universal “grace period” or legal protection while you are in the process of remediation.
Why Multiple Plaintiffs Can Sue You
ADA lawsuits are often filed by different individuals or advocacy groups who encounter barriers on your website. Even if you are addressing the issues raised by one plaintiff, others may still experience accessibility challenges, giving them grounds to file their own claims. See our lawsuit reports for more information.
Additionally, some law firms and plaintiffs specialize in ADA compliance cases and actively look for non-compliant websites. This makes it essential to start working on accessibility improvements as soon as possible to avoid facing multiple legal actions at once.
Good Faith Efforts: How Can They Help?
While there is no legal protection that prevents additional lawsuits while you are fixing your website, demonstrating good faith efforts to comply with ADA standards can help mitigate legal risks. Good faith efforts include:
- Starting the remediation process immediately: Once you’ve been notified of an ADA violation, whether through a demand letter or lawsuit, it’s critical to act quickly. Begin the process of auditing and fixing accessibility issues right away.
- Documenting your progress: Keep detailed records of the steps you are taking to bring your website into compliance. This documentation can be useful in showing that you are serious about addressing the issues and working toward compliance.
- Working with professional accessibility consultants: Hiring experts like EcomBack in ADA and WCAG compliance shows that you are taking the necessary steps to ensure your website becomes accessible. Professionals can also help you avoid further issues during the remediation process.
Even though good faith efforts don’t completely shield you from additional lawsuits, they can strengthen your legal position. Courts and plaintiffs may be more lenient if they see that you are taking the situation seriously and are actively working toward compliance.
How to Protect Your Business During Remediation
There are several steps you can take to reduce the risk of multiple ADA lawsuits:
1. Conduct a comprehensive website audit: Before you start making changes, it’s important to understand the full scope of accessibility issues on your website. A thorough audit will identify barriers that need to be addressed to achieve ADA compliance.
2. Prioritize critical issues: We at EcomBack focus on fixing the most significant accessibility barriers first. For example, issues that prevent screen readers from working properly or make it impossible for users to navigate the website should be addressed immediately.
3. Work with experienced professionals: Partner with accessibility consultants who have experience in fixing ADA issues. This will ensure that the changes you make are effective and compliant with WCAG standards.
4. Keep the lines of communication open: If you’ve already been sued, maintain communication with the plaintiff’s attorneys. Inform them of the steps you are taking to remediate the issues, and ask for reasonable extensions if needed.
5. Educate your team: Ensure that your web development team is aware of accessibility best practices so that new issues don’t arise in the future.
What Happens If You Change Your Website Template or Close Your Business?
Some business owners might consider changing their website template or even shutting down their business to avoid an ADA lawsuit. However, changing your template does not automatically make the lawsuit go away, especially if the same accessibility issues persist. The plaintiff can argue that the underlying problems have not been addressed, even with a new template.
Similarly, if you close your business, the lawsuit may still be valid depending on the circumstances. The plaintiff may continue to pursue legal action for damages incurred before the closure.
Conclusion: How EcomBack Can Help
If you’re facing an ADA lawsuit or worried about additional lawsuits while working on accessibility, it’s crucial to act quickly and comprehensively. EcomBack can assist by providing a full accessibility audit of your website, fixing barriers, and helping you achieve ADA compliance with our full documentation and compliance package. We also employ people with disabilities to test your website to show that issues have been resolved, tested, validated. Our team specializes in manual accessibility fixes that ensure compliance with WCAG and ADA standards.
We not only address the issues raised in lawsuits but also identify other potential problems that could lead to future legal action. By working with EcomBack, you can have confidence that your website is accessible to all users, and you can minimize your risk of future lawsuits.
If you want to learn more about how EcomBack can help you achieve ADA compliance, book a consultation with us today.
