ADA Website Lawsuits Are Surging: Top 10 Things Every Company Should Do This Week to Reduce Legal Risk. If you receive a demand letter, call us at (877) 276-5084
By Attorney Steve® | Vondran Legal®
Introduction
The modern business website is no longer just a marketing tool. It has become a potential source of litigation risk.
Across the country, businesses are facing lawsuits alleging that their websites, videos, online stores, downloadable documents, mobile applications, and other digital content are inaccessible to individuals with disabilities. These claims are commonly brought under Title III of the Americans with Disabilities Act ("ADA") and various state disability laws.
Plaintiffs' attorneys continue to file website accessibility lawsuits against businesses of all sizes, including:
-
Restaurants
-
Medical practices
-
Law firms
-
Retail stores
-
Hotels
-
E-commerce companies
-
Educational institutions
-
Professional service providers
-
Entertainment companies
Many business owners are surprised to learn that website content, videos, podcasts, PDFs, online forms, and mobile applications may all become the subject of an ADA accessibility claim.
The good news is that there are practical steps businesses can take immediately to reduce risk.
Below are the top ten actions every company should consider this week.
Understanding the Legal Landscape
Before discussing compliance measures, it is important to understand why website accessibility claims have become so common.
Although Congress has never enacted a website-specific ADA statute and the Department of Justice has not adopted comprehensive technical regulations governing all websites, courts have increasingly allowed accessibility lawsuits to proceed.
Several landmark cases have shaped the current legal environment.
Robles v. Domino's Pizza
Perhaps the most influential website accessibility case is Robles v. Domino's Pizza, LLC, 913 F.3d 898 (9th Cir. 2019).
A blind customer alleged that Domino's website and mobile application could not be used with screen-reader software to order pizza.
The Ninth Circuit ruled that the ADA applied because the website and app connected customers to the goods and services offered by Domino's physical restaurants.
Perhaps most importantly, the court rejected Domino's argument that businesses could not be sued until formal federal website regulations were adopted.
The lesson is clear: waiting for additional government guidance is not a defense strategy.
National Federation of the Blind v. Target
In one of the earliest landmark website accessibility cases, blind consumers alleged that Target's website prevented them from accessing products and services available to the public.
The court allowed the ADA claims to proceed because the website had a sufficient connection to Target's physical stores.
The case ultimately resulted in a substantial settlement and website remediation obligations.
The Target case helped launch the modern era of website accessibility litigation.
National Association of the Deaf v. Netflix
Netflix faced claims that portions of its streaming content lacked adequate captioning for deaf and hard-of-hearing users.
The court allowed ADA claims to proceed despite Netflix operating primarily as an online business.
This case significantly expanded attention toward accessibility obligations involving video content.
For businesses producing educational videos, marketing videos, webinars, tutorials, and streaming content, Netflix serves as an important warning.
Top 10 Things Every Company Should Do This Week
1. Conduct a Website Accessibility Audit
The first step is understanding your current level of exposure.
Businesses should evaluate:
-
Homepage accessibility
-
Product pages
-
Checkout processes
-
Contact forms
-
Customer support portals
-
Mobile functionality
-
User navigation systems
Accessibility audits frequently identify issues involving:
-
Missing image descriptions
-
Improper heading structures
-
Keyboard navigation failures
-
Poor color contrast
-
Broken forms
You cannot fix problems you have not identified.
2. Review Every Video on Your Website
Videos have become a major source of accessibility complaints.
Review:
-
Marketing videos
-
Product demonstrations
-
Training materials
-
Educational content
-
Embedded YouTube videos
-
Webinars
Ensure videos contain accurate captions.
Do not assume automated captioning is sufficient.
Automatically generated captions often contain errors that may undermine accessibility efforts.
3. Create Written Transcripts for Podcasts
Podcasting has exploded in popularity.
However, deaf and hard-of-hearing individuals may be unable to access audio-only content.
Businesses should strongly consider publishing transcripts for:
-
Podcasts
-
Audio interviews
-
Industry commentary
-
Recorded presentations
-
Audio training materials
Transcripts provide additional benefits beyond accessibility.
They improve:
-
Search engine optimization (SEO)
-
Keyword indexing
-
User engagement
-
Content discoverability
A transcript can simultaneously reduce legal risk and increase website traffic.
4. Add Meaningful Alternative Text to Images
Screen readers rely upon alternative text ("alt text") to describe images to visually impaired users.
Review:
-
Product photographs
-
Staff photographs
-
Marketing graphics
-
Infographics
-
Charts
-
Visual diagrams
Alt text should communicate meaningful information rather than generic descriptions.
Good accessibility begins with meaningful communication.
5. Test All Forms Using Keyboard Navigation
Many users cannot operate a mouse due to physical disabilities.
A website should allow visitors to navigate and complete forms using only a keyboard.
Review:
-
Contact forms
-
Scheduling tools
-
Checkout pages
-
Membership registrations
-
Newsletter signups
Keyboard accessibility remains one of the most frequently cited website accessibility issues.
6. Review Downloadable PDF Documents
Many businesses overlook PDF accessibility.
Potential problem documents include:
-
Employee applications
-
Product brochures
-
White papers
-
Educational guides
-
Contracts
-
Policies and procedures
An inaccessible PDF may be unusable by screen-reader technology.
Review all downloadable materials for accessibility barriers.
7. Evaluate Third-Party Vendors and Website Plugins
Many businesses use outside vendors for:
-
Booking systems
-
Ecommerce tools
-
Scheduling software
-
Live chat functions
-
Payment processors
A third-party integration may create accessibility barriers that expose your company to litigation.
Obtain written assurances from vendors whenever possible and independently evaluate accessibility.
8. Publish an Accessibility Statement
An accessibility statement demonstrates a commitment to digital inclusion.
A strong statement may include:
-
Accessibility objectives
-
Ongoing compliance efforts
-
Contact information
-
Procedures for reporting issues
Although an accessibility statement alone will not prevent litigation, it can help establish good-faith efforts and provide an opportunity to resolve complaints before they escalate.
9. Create an Internal Accessibility Team
Accessibility should not be treated as a one-time project.
Assign responsibility to designated personnel.
Potential team members may include:
-
Website developers
-
IT professionals
-
Marketing personnel
-
Human resources representatives
-
In-house counsel
Accessibility requires continuous monitoring and improvement.
10. Document Every Compliance Effort
Documentation can be critical if litigation occurs.
Maintain records regarding:
-
Accessibility audits
-
Remediation efforts
-
Training programs
-
Vendor communications
-
Testing protocols
-
Captioning projects
-
Transcript creation
A well-documented compliance effort may significantly strengthen your legal position if a claim arises.
Bonus Tip: Review New Content Before Publication
Accessibility should become part of your publishing workflow.
Before posting:
-
Videos
-
Podcasts
-
Blogs
-
Infographics
-
PDFs
-
Product pages
Ask whether individuals using assistive technologies can access the content.
Preventing accessibility barriers is far less expensive than defending litigation.
What Happens If You Receive an ADA Website Demand Letter?
Many businesses first learn about accessibility issues after receiving:
-
A demand letter
-
A pre-suit notice
-
A federal lawsuit
-
A state court complaint
At that stage, strategic legal guidance becomes essential.
Early action may help reduce costs, preserve defenses, evaluate standing issues, assess mootness arguments, negotiate settlements, and coordinate remediation efforts.
Every case is different and should be evaluated individually.
Other learning resources
1. CLICK HERE TO SEE WHICH PLAINTIFF FIRMS ARE FILING ADA CASES
2. CLICK HERE TO REVIEW THE KEY CASES IN ADA WEBSITE LAW
3. CLICK HERE FOR: A Practical Guide for Businesses Facing Website Accessibility Claims
How Vondran Legal Can Help
At Vondran Legal®, The Business Trial Lawyers, we assist businesses facing complex internet and technology-related legal issues.
Our firm may be able to assist with:
ADA Website Lawsuit Defense
-
Demand letter response
-
Pre-litigation strategy
-
Federal court defense
-
Settlement negotiations
-
Risk assessment
Website Accessibility Risk Reviews
-
Legal review of accessibility practices
-
Evaluation of potential exposure
-
Compliance recommendations
-
Vendor contract review
Digital Content Review
We can help businesses evaluate legal risks associated with:
-
Websites
-
Mobile applications
-
Ecommerce platforms
-
Videos
-
Podcasts
-
Downloadable PDFs
-
Online educational content
Ongoing General Counsel Services
For companies seeking proactive legal guidance, we offer strategic counseling regarding emerging technology and internet law issues affecting modern businesses.
Contact Attorney Steve®
If your business has received an ADA website demand letter, has been sued over website accessibility issues, or wishes to proactively evaluate legal risks associated with websites, videos, podcasts, or digital content, contact Vondran Legal for a consultation. Call us at (877) 276-5084.
Vondran Legal®
The Business Trial Lawyers
Practice Areas Include:
-
ADA Website Litigation
-
Internet Law
-
Intellectual Property Law
-
Copyright Litigation
-
Trademark Litigation
-
Business Litigation
-
Technology Law
-
Entertainment Law
The best time to address website accessibility concerns is before a lawsuit arrives. Proactive planning today may save substantial litigation costs tomorrow.
