The Legality of Website Accessibility – A11y

What is Website Accessibility?

Ensuring your website is accessible isn’t just about dodging legal pitfalls—it’s about embracing inclusivity, enhancing user experience, and tapping into a broader customer base. Let’s delve into the latest legal requirements, the surge in accessibility-related lawsuits, and the compelling business case for making your website accessible.

1 in 4 people could be leaving your website today because your website is not accommodating people with disabilities. The term accessibility covers a wide range of disabilities, including visual, auditory, physical, speech, cognitive, language, learning, and neurological disabilities. As you can imagine the international requirements for accessibility (WCAG 2.1) are very complicated for individual users to follow and this means a lot of websites are not compliant and this is a legal requirement, whether you are trading in the USA solely or in other countries.

“1 in 4 people could be leaving your website today because your website is not accommodating people with disabilities.”

Legal Landscape: ADA Compliance and WCAG Standards

In March 2022, the Department of Justice published guidance today on web accessibility and the Americans with Disabilities Act (ADA). It explains how state and local governments (entities covered by ADA Title II) and businesses open to the public (entities covered by ADA Title III) can make sure their websites are accessible to people with disabilities in line with the ADA’s requirements. DOJ Article update Web Accessibility- Jun 2022

In April 2024, the U.S. Department of Justice (DOJ) updated Title II of the Americans with Disabilities Act (ADA), mandating that state and local government websites and mobile applications adhere to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. ada.gov-2024-03-08-web-rule This also would include 3rd party vendors supporting local government.

While this rule specifically targets government entities, it signals a broader expectation for all websites to meet these accessibility standards. Non-compliance can lead to legal actions, financial penalties, and reputational harm. Dept. of Justice-final-rule-July 2024

Rising Tide of Accessibility Lawsuits

The number of ADA-related website accessibility lawsuits has been on the rise: These figures show Federal lawsuits while most cases are also filed at state courts with only the larger cases being moved to Federal, local State cases are not easily trackable as federal cases. Many businesses act before the courts get involved, 90% of businesses take action from a demand letter from a local lawyer.

2023: Over 8,200 lawsuits filed, with the majority in New York, Florida, and California.

ADA Title III.com 2023 lawsuits

2024 Mid-Year Report: 4,914 lawsuits filed in the first half of the year, with California retaking the top state in filings this year. Based on this trend we could see 8,500 cases being filed in 2024.

Federal-lawsuit-numbers from Seyfarth Shaw

Don’t be fooled to think these numbers do not include demand Letters and out of court settlements, around 90% businesses act before a lawsuit is raised, thus many never get reported due to the fear from large legal fees, time and reputation loss to a business.

This upward trend underscores the increasing scrutiny on digital accessibility and the legal risks of non-compliance.

What is WCAG and how does it affect the laws?

  • WCAG (Web Content Accessibility Guidelines) is a set of technical guidelines on how to produce web content to be more accessible to people with disabilities.
  • WCAG was created by World Wide Web Consortium (W3C) in 1994 by a group of accessibility and disability organizations including governments and industry workers. www.w3.org
  • Don’t be confused in thinking WCAG is the legal element for websites, the information provided is to be used on the best ways to create websites and web content accessible.
  • Their documents explain how to make websites and web content more accessible to people with disabilities.
  • The guidelines are not legally requirements, but these standards are adopted globally and fall into the legal requirements adopted by Europe, USA, Brazil and Canada as legal standards
  • There are 3 levels of conformance
    • Level A – covers the bare minimum of conformance
    • Level AA – the mid-range conformance (Standard level)
    • Level AAA – The highest level of conformance (Can not always be achieved)
  • Internationally Level AA is considered the legal standard is this level is used when making lawsuit claims where sites and content to not meet these standards. Judges and lawmakers look at this level as a basis for inclusion and making your business accessible.

Why should a business be compliant with accessibility A11y

When considering doing nothing about accessibility we know it’s not only going to be long before someone asks you about why your site is not accommodating to people with disabilities. Being a small business owner, I know it’s sometimes easier to avoid what appears to be complicated, expensive and may only affect a small part of the population.

The bottom line doing nothing is going to hurt you more than you realize. Here are some points to consider about having an accessible website.

  • In the USA over 1 in 4 adults live with a disability
  • On average people with disabilities spend over $480Bn each year online, more than any other adult group.
  • An accessible designed website allows all visitors to read and navigate easily when designed with WCAG guidelines.
  • Non-Disabled categories also prefer an accessible website for navigation, especially the retired sectors, those with tremors or failing eyesight like cataracts.
  • Not all disabilities are permanent.
  • Tax credits available for businesses with profits under $1 Million.
  • Website bounce rate impact – a recent study shows that nearly half of consumers run into unnecessary barriers when shopping for products and services, 2 out of 3 shopping carts are abandoned.
  • Reputation – negative if some leaves your site frustrated with the lack of accessibility or accommodations.
  • Positive reviews are generated within the disability community when met with a good service that was accommodating

Ready to make your website accessible and inclusive?

Connect with The Web Detective today or schedule a call through our website. Let’s work together to enhance your site’s accessibility, comply with legal standards, and reach a wider audience.

More Information on Accessibility

Virginia, VA

Virginia, VA

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Virginia Consumer Data Protection Act

Consumer Rights

Utah, UT

Utah, UT

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Utah Consumer Privacy Ac

Consumer Rights

Texas, TX

Texas, TX

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Texas Data Privacy and Security Act

Consumer Rights

Tennessee, TN

Tennessee, TN

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Tennessee Information Protection Act

Consumer Rights

Rhode Island, RI

Colorado, CO

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Rhode Island Data Transparency and Privacy Protection Act

Consumer Rights

Oregon, OR

Oregon, OR

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Oregon Consumer Privacy Act

Consumer Rights

New Jersey, NJ

New Jersey, NJ

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

New Jersey Privacy Act

Consumer Rights

New Hampshire, NH

New Hampshire, NH

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

New Hampshire Privacy Act

Consumer Rights

Nebraska, NE

Colorado, CO

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Nebraska Data Privacy Ac

Consumer Rights

Montana, MT

Montana, MT

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Montana Consumer Data Privacy Act

Consumer Rights

Minnesota, MN

Colorado, CO

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Minnesota Consumer Data Privacy Act

Consumer Rights

Maryland, MD

Maryland, MD

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Maryland Online Data Privacy Act

Consumer Rights

Kentucky, KY

Kentucky, KY

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Kentucky Consumer Data Protection Act

Consumer Rights

Iowa, IA

Iowa, IA

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Iowa Consumer Data Protection Act

Consumer Rights

Indiana, IN

Indiana, IN

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Indiana Consumer Data Protection Act

Consumer Rights

Florida, FL

Florida, FL

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Florida Privacy Act

Consumer Rights

Delaware, DE

Delaware, DE

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Delaware Personal Data Privacy Act

Consumer Rights

Connecticut, CO

Connecticut, CO

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Connecticut Data Privacy Act

Consumer Rights

Colorado, CO

Colorado, CO

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

Colorado Privacy Act

Consumer Rights

California, CA

California, CA

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

Statute/Bill: CCPA

Laws Signed (To Date): 2018; effective 1 Jan. 2020

California Consumer Privacy Act

Consumer Rights

Some common enquiries used to help prove your online identity.

  • Google Search Results
  • Knowledge Panels found in search results
  • Website presence
  • Website reported as spam
  • Social Media presence
  • Search Engine Visibility
  • Reviews or lack of reviews
  • Online Reputation
  • Branding and Marketing messaging
  • Your online identity

A Fact You Wouldn't Believe

Did you know that most websites get flagged as spam or untrustworthy just after they have been published? The reason is that it will have limited or no traffic, the owner cannot be verified, lack of Google searches and search results.

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