Serial website accessibility litigation has been rampant for over six years, but many website owners are still completely unaware that ADA website lawsuits even exist. And even website owners that are fully aware of the possibility they might be sued – or sued again, still aren’t sure of exactly how to stop website accessibility lawsuits.
Let’s quickly outline what’s happening, who ADA website compliance applies to, and how to stop ADA website lawsuits.
Table of Contents
What’s Happening with ADA Website Lawsuits?
Plaintiffs’ lawyers are filing complaints and sending demand letters en masse, suing website owners in any number of industries. There are approximately 40 plaintiffs’ law firms who are active in website accessibility litigation.
Why Are Website Owners Being Sued Over ADA Compliance?
Plaintiffs’ law firms are filing complaints based on technical accessibility issues on websites. Plaintiffs are typically typical blind and allege the website doesn’t provide equal access and violates the ADA.
What Are The Accessibility Issues That Website Owners Are Sued For?
- Missing alternative text
- Missing form field labels
- Lack of keyboard navigability
| Accessibility Issue | Description | How to Fix |
|---|---|---|
| Missing Alternative Text | Images without descriptive text make content inaccessible to visually impaired users who rely on screen readers. | Add alt attributes to all images. Add descriptions for meaningful images and leave attributes for decorative images blank. |
| Missing Form Field Labels | Screen reader users may not know what input a form field is requiring without programmatic labels. | Ensure all form fields have programmatically associated <label>. |
| Lack of Keyboard Navigability | If there are any keyboard traps or any functionality is not accessible through a keyboard, a user may not be able to fully use a website. | Make sure your website can be fully used with only a keyboard. |
| 12 Additional Issues | Refer to the ADA Compliance Course for exactly what you need to know. | Sign up for the ADA Compliance Course to learn exactly how to fix the issues. |
These are the top three issues named in complaints, but there are 12 more issues that are frequently claimed by plaintiffs’ lawyers. Our ADA Compliance Course breaks down these issues and tells you how to find and fix them.
What Industries Are Impacted by ADA Website Lawsuits?
All major industries have been targeted in ADA website litigation: finance, education, retail, professional services, fashion, arts, music, food and beverage, and more. Read our 2024 breakdown of industries targeted by ADA website lawsuits.
Can Small Businesses Be Sued Over ADA Website Compliance?
Yes, in fact most of our clients are small business owners who our services after being sued. Despite big companies getting the headlines, it’s small businesses with less than $500,000 revenue who are sued most frequently.
Who Are The Plaintiffs’ Law Firms Suing Website Owners?
There are over three dozen law firms suing website owners across the United States. These law firms are primarily based in New York, California, and Florida. Read our full list of ADA website plaintiffs law firms.
Are ADA Website Lawsuits a Shakedown?
Mostly, yes, ADA website lawsuits are a shakedown. Sometimes there are genuine complaints filed against organizations who ignore requests for accommodation. However, for the most part, many plaintiffs’ lawyers are using testers to continually sue websites.
How to Defend Against ADA Website Lawsuits?
A good defense attorney can raise multiple defenses against website accessibility lawsuits, if the circumstance allows for it. One defense is to raise a motion to dismiss because the plaintiff lacks standing. Another dismissal possibility is mootness.
How Do I Find a the Best ADA Website Defense Attorney?
Our list of ADA website defense attorneys is comprised of defense attorneys experienced in ADA website litigation from both local and national law firms. This list is not an endorsement of any law firm, but an alphabetical order directory.
How Much Does it Cost to Defend an ADA Website Lawsuit?
Defending an ADA website lawsuit in court can easily cost $15,000 to $25,000 in just defense fees. The cost will vary based on how long the litigation is.
Why Do ADA Website Lawsuits Typically Settle?
ADA website cases almost always settle because it is more inexpensive and quicker to settle a claim rather than to defend against it.
How Much Do ADA Website Cases Usually Settle For?
ADA website lawsuit settlement amounts usually range between $5,000 and $20,000. The amount depends on multiple factors including the plaintiffs’ law firm, revenue of the defendant, and at what stage the lawsuit is settled.
What Happens If I Ignore an ADA Website Lawsuit?
If you ignore an ADA website lawsuit, the court can issue a default judgment against you and the plaintiff may be awarded the full amount of damages they are seeking. You will also lose the opportunity to defend yourself.
This means the plaintiff automatically wins the case because you did not respond. The result might be that you lose much more money than if you had merely defended yourself. Default judgment penalties can include:
- Compensation for damages claimed by the plaintiff.
- Legal fees and court costs incurred by the plaintiff.
- Additional interest on the judgment amount until it is paid in full.
