A prospective client emailed us today and wrote:
We were reached out to by an agency telling us they could get us ADA compliant and coach our team to eliminate the issues going forward but it felt scammy that they knew about the suit before us. I want a second opinion and your prices seem better.
This practice is quite common and while it may (emphasis may) not be a scam, we’ve had many website owners echo the same sentiment: something doesn’t feel right about a web design agency or a lawyer telling me you’ve been sued over email (or phone call) and then saying hire me.
Oh, and some digital accessibility companies do this too.
Here’s what’s happening along with answers to common questions.
Table of Contents
Is This a Scam?
There are several lawyers, web design agencies, and digital accessibility companies who engage in this practice. As soon as they find out about a lawsuit, they send out a letter or email – sometimes they even call you.
And they’ll tell you whatever they offer is just what you need:
- We’ll provide the accessibility solutions you need
- We’ll make your website ADA compliant
- We’ll fight your case
But, do they actual provide what they promise?
Some might, but some might not.
For example, many digital accessibility companies mislead consumers into thinking their “solutions” will prevent lawsuits when they know very well that they won’t.
Also, web design agencies may claim they know how to make a website ADA compliant, but do they really? Will you actually get an accessible, ADA compliant website if you hire them?
And just like plaintiffs’ law firms have created an industry around suing people over website accessibility, defense attorneys now have their own niche industry in settling cases. And some lawyers may just be a participant in the game, settling for higher amounts more quickly rather than putting up more resistance.
Keep in mind, you should always check to make sure that the email isn’t an outright scam in the sense you were never sued and a bad actor is taking advantage of the existing industry and confusion.
How Do They Know I Was Sued?
These different entities use a service to monitor new complaints filed in state and federal courts. The second a new lawsuit is filed, they contact you.
This is how many website owners originally find out they’ve been sued.
How Can I Verify This is a Real Lawsuit?
It’s always a good idea to check and make sure you were really sued. If you contact a defense attorney independently (other than the one who contacted you), many provide a free, 10-15 minute consultation and will verify if the complaint is indeed legitimate.
You very likely have been sued as website accessibility litigation has grown into its own large industry, but it’s always good to start at the beginning and make sure you were actually sued.
Should I Hire Them?
Although this email practice is bad form, it’s possible that there are some emailers who still provide good services. Of course, if this is how some companies and lawyers conduct business, do you really want to do business with them?
This initial outreach sets a bad and strange precedent for a business relationship.
What Should I Do Next?
We recommend contacting a defense attorney who is experienced in defending ADA compliance and website accessibility cases first.
From there, you have a few paths based on your specific situation. The vast majority of website owners elect to settle their case as it does provide, on paper, the most efficient means of resolving the issue.
But, again, your situation is unique. Here are some key ways cases can differ:
- The plaintiff’s lawyer who sued you
- Whether you were sued in state or federal court
- What state or circuit the court is in
- What court the complaint was filed in
- Possible defenses available (e.g., standing)
- Accessibility issues claimed
- Law you’re alleged with violating
- Your defense budget
- Your revenue
- Your objective(s)
- Your risk tolerance
As far as website accessibility, we highly recommend being proactive with making fixes for a number of reasons. One is just because you’re sued once, doesn’t mean you won’t be sued again.
Read about the chocolatier who was sued twice over website accessibility, despite thinking they had fixed the issues after the first lawsuit.
Read our 10 step ADA website compliance checklist guide to get a better feel for the best path to making your website ADA compliant, whether you’re a small business or a large corporation.
Summary
The ADA compliance and website accessibility industry is one fraught with deception and bad practices. Many website owners are completely caught off guard when they find out they’ve been sued and then rush into a decision to try and make the problem go away.
While it’s best to move swiftly, you also want to research enough to make sound decisions. For example, purchasing access to an automated scan will be a waste of money.
Our write-up on what to do after a demand letter provides our recommended next steps.
If you have been sued, we want to make sure that you don’t get sued again.
And if you’re lucky enough to not receive a demand letter or have a complaint filed against you in court, we recommend acting fast to preempt litigation.
There are literally dozens of plaintiffs’ law firms suing website owners across the country and they are sending out demand letters and filing complaints in court on a regular basis.
You won’t receive an email from us telling you you’ve been sued, but we’re happy to resolve your website’s accessibility in an efficient and effective manner.
Contact us if you have a question.
Also, you may be interested in our ADA Compliance Course which is specifically designed to prevent ADA website lawsuits.
