Is your website ADA accessible and compliant?
The rise in website-based lawsuits is astounding … ensure your website is ADA accessible and compliant.
ADA Compliance Consultants has been helping landlords, tenants and their contractors identify and remove physical barriers within the built environment for over twenty years. From a single accommodation restroom in a small coffee shop to a half a million-square foot shopping center, physical barriers that deny access to disabled customers and employees are everywhere!
So, when I started getting phone calls in early 2018 from clients asking if I could help them get through an ADA lawsuit concerning their website, I became very concerned. I started researching this rise in lawsuits concerning website accessibility and found a very disturbing trend.
Website-based lawsuits are on the rise.
What I found was that ADA website lawsuits are on the rise in California and no organization with an online presence is exempt. Even the State of California is being sued by a San Francisco sight impaired organization. Several local news outlets including The Monterey Herald are reporting on the impact of ADA website lawsuits on businesses.
California businesses are required to have accessible websites under both federal law (the ADA) and state law (the Unruh Act). There is some controversy about whether internet-only businesses are covered by federal law but it would be a mistake for any business with a website to rely on technical arguments until the law is more settled – which could take years.
ADA web accessibility-related lawsuits exploded with a 181% increase in 2018 over 2017.
- 2022 just wrapped up with over 4060 website-based lawsuits.
- In 2017, there were 814 lawsuits filed.
- In 2018, there were 2314 lawsuits filed.
- In 2019, there were 2890 lawsuits filed.
- In 2020, there were 3503 lawsuits filed.
- In 2021, there were 4011 lawsuits filed.
And wrapping up 2022, there were 4061 lawsuits filed.
Are you sitting down?
One website-based lawsuit filed every hour!
In 2019, the flow of ADA web related lawsuits had reached a rate of one lawsuit every working hour; that’s 8 a day, 40 a week and was on pace for over 2,000 that year. In 2022, that number doubled to two website-based lawsuits filed every working hour; based on 8-hour work day, 40 a week and ended with over 4,000 last year.
2022 beat 2018 and racked up 4,061 digital accessibility related lawsuits nationwide.
ADA- based lawsuits kept pace with 2021 despite key ruling in circuit courts. With roughly 100 lawsuits filed per week.
The Department of Justice (DOJ) restated guidance in March of 2022, but it failed to give business owners much clarity. Instead, the guidance seems to have encouraged a huge rise in website lawsuit filings.
Here is the break down based on industry:
Industry
e-Commerce =77%
Food Service Industry =8%
Cross Industry Companies =3%
Entertainment & Leisure =2%
Banking/Financial =2%
Travel/Hospitality =2%
Healthcare =2%
Education =1%
Fitness & Wellness =1%
Digital Media & Agencies =1% Automotive =<1%
Real Estate Agencies & Properties =<1%Insurance =<1%
Telecommunications =<1%
Grand Total 100%
Recent cases have brought a nexus requirement into focus. A nexus is a connection between the website or app and the physical location. Examples are traditional brick-and-mortar retailers, hotels, banks, restaurants, and other businesses with an online and physical presence.
Who is a Target Today?
Filings are on the rise against companies with less than 50 million in annual revenue. This trend reflects the need for plaintiff firms to find and file lawsuits in volume. As I stated earlier, I work within the “physical built” environment helping clients remove physical barriers on their properties or inside their buildings.
May I recommend a company who can help you with your website?
But due to the massive rise in Web-based ADA lawsuits taking place throughout the nation, ADA Compliance Consultants is proud to announce our partnership with ADA-Protek.
ADA-Protek evaluates websites for accessibility features, produces a detailed inspection report with exact items to fix and works with you and your web development team to ensure complete accessibility within your website.
If you've already received an ADA website lawsuit or claim, we recommend you contact ADA Protek immediately. www.ADA-protek.com
If I can help you, or if you have questions, feel free to reach out to me at 888.375.3134 or send an email to info@ada-pros.com.
Chris Taylor
Founder and CEO