An Insight On 2023 Digital Accessibility Lawsuits

Navigating the online marketplace as a business owner has never been more intricate. The echoing chime of “web accessibility lawsuit” has grown louder this year, and for many, the threat of a web accessibility lawsuit looms large. 

Web accessibility, once a buzzword for the tech-savvy, is now a focal point for every online entrepreneur. And if the stats from 2023’s mid-year report are anything to go by, ignorance is not bliss. In fact, it’s downright risky.

Let’s dive deep into the data, exploring everything from the uptick in ADA non-compliance lawsuits to the pivotal “Dear Colleague” Letter recently released. In today’s digital world, being informed isn’t just advantageous—it’s essential.

Digital Accessibility Lawsuits Are on the Rise

The numbers are in, and they’re striking: An estimated 4,220 digital accessibility lawsuits are predicted by the end of 2023. This marks a staggering 182% rise from the 2,314 cases in 2018. This trend has shown no signs of slowing down. In fact, it’s only gaining momentum, especially in states like New York, Florida, and California. 

This sunshine state has recorded a whopping 228 web accessibility lawsuit filings in just the first half of 2023. That’s a 30% increase from the 160 lawsuits filed in the first half of 2022. This trend highlights the imperative for businesses to be compliant, especially if they operate in these states.

But how can this data help online business owners? Let’s look at how websites are targeted in 2023 to help you mitigate the risk of an ADA lawsuit. 

Which Industries Are Most at Risk?

From e-commerce platforms where seamless user experiences drive sales to educational institutions striving for inclusive online learning environments, the pressure to ensure equal access intensifies. With both legal implications and ethical considerations at stake, let’s delve deeper into which industries are most at risk in the current landscape.

E-commerce At The Forefront

E-commerce platforms are the usual suspects when it comes to ADA non-compliance cases. The U.S. Census Bureau’s Annual Retail Trade Survey (ARTS) highlighted a significant shift in consumer habits during the pandemic, leading to a 43% surge in e-commerce sales within its first year.

With the world shopping online more than ever, the demand for accessible e-commerce sites has never been higher. Since 2018, 406 of the top 500 e-commerce retailers have been hit with ADA digital lawsuits, with a striking 13% filed just this year. 

These sites often become targets for digital accessibility lawsuits due to their vast online presence, intricate nature, ever-evolving content, and multi-platform structure. However, it’s crucial for e-commerce business owners to emphasize web accessibility, not only to avoid legal complications but also to ensure a positive customer experience.

For an in-depth look at e-commerce ADA litigation, check out our article “Retail is the Prime Target for ADA Web Accessibility Lawsuits.”

Industries in Focus: The Shift to Education

While e-commerce is a frequent target, there’s been a notable shift in the industries being targeted. In 2023, the education sector experienced a surge in legal cases, positioning it as the third most frequently sued industry. With increasing focus on accessibility within higher education and significant lawsuits against universities, this trend is expected.

The joint letter, “Dear Colleague,” from the Department of Education (DOE) and the Department of Justice (DOJ) in May 2023 delivered a comprehensive assessment of the relationship between the ADA and Section 504 and the online content produced by tertiary institutions.

This May 2023 document clarifies the requirements universities and colleges must adhere to remain ADA-compliant. Furthermore, the letter underscores the DOE and DOJ’s commitment to pursue institutions that fall short of compliance firmly. In line with the DOJ’s impending updates about online accessibility, this reinforces the importance of web accessibility in education.

Small Companies Bear the Brunt

Size doesn’t matter when it comes to ADA non-compliance. In fact, smaller companies with revenues under $25 million have been on the receiving end. They accounted for 77% of ADA non-compliance cases in the first half of 2023. 

This figure will likely rise, as many large companies have already been the target of an ADA lawsuit in the past four years. They have since remediated their digital platforms and developed comprehensive accessibility initiatives.

This proves that no company is too small to be overlooked. As we enter the second half of 2023, smaller companies must begin taking action to make their online presence fully accessible. This is especially crucial as legal plaintiffs and firms shift their focus from just the large e-commerce players to a broader range.

Web Accessibility Widgets: A Double-Edged Sword?

Many businesses have adopted accessibility widgets in an attempt to meet ADA standards. However, these widgets haven’t been the magic solution many hoped for. Lawsuits against companies using these tools surged to 414 this year from 336 in 2022.  

The trend of filing ADA complaints and lawsuits against companies using accessibility widgets will likely continue, as full ADA or WCAG compliance cannot be achieved using overlays or widgets alone. 

One of the biggest problems with accessibility widgets is that they do not address the inherent access barriers on websites. While most of these issues are invisible to most users, they are significant barriers for people with disabilities. 

Moreover, overlays can only detect 30% of web accessibility errors. Unfortunately, the WCAG guidelines are too complex for overlay tools to provide the robust modifications required. The remaining 70% of the issues are seen only through manual testing.

For more information about the risks of overlay widgets, check out our article, Why AI & Overlay Widgets Fail ADA Website Compliance. 

Why the Surge in Web Accessibility Lawsuits?

The ADA’s legal scope concerning digital accessibility remains somewhat ambiguous, leaving substantial room for interpretation. Established in 1990, the ADA predates the Internet’s widespread use, leading many to believe it was solely for physical establishments. However, the digital landscape has drastically evolved since the ADA’s inception. 

The Internet is indispensable today, offering avenues for communication, entertainment, goods, and services. With countless businesses operating online, inaccessible websites mean individuals with disabilities miss out on a significant societal aspect, making businesses susceptible to legal actions. 

The rising number of lawsuits against companies not offering inclusive web interfaces, coupled with the DOJ’s active participation in verdicts against them, indicates the ADA’s relevance to online platforms. Notably, the DOJ’s prospective Title II regulations and President Biden’s emphasis on online accessibility in July of this year have further underscored its importance. If companies remain non-compliant, the surge in lawsuits is likely to persist.

Reduce Your Risk with 216digital

In today’s digital age, web accessibility is more crucial than ever. As an online business owner, it’s essential to recognize the significance of ADA compliance, both ethically and legally. Investing in web accessibility widens your customer base and shields you from potential legal repercussions. 

Now is the time to act, as the cost of non-compliance could be detrimental.
Whether you want to protect against a frivolous ADA accessibility lawsuit or become WCAG 2.1 AA compliant, 216digital has you covered. After years of analyzing ADA lawsuits, we’ve discerned the tactics used by law firms to pinpoint websites for groundless ADA claims and how to protect businesses against them. Our team of accessibility experts can also develop strategies to integrate WCAG 2.1 compliance into your development roadmap on your terms. So don’t wait any longer—find out where you stand by scheduling a complementary ADA Strategy Briefing today.