A Record-Breaking Year for ADA Digital Accessibility Lawsuits: Why You Should Replace CTA With CTV

A Record-Breaking Year for ADA Digital Accessibility Lawsuits: Why You Should Replace CTA With CTV

In 2020, the number of ADA digital accessibility lawsuits reached a record-breaking high, surpassing 3,500 cases. These lawsuits can target a variety of digital experiences, including websites and mobile apps. The upward trend in these lawsuits, encompassing both federal and state levels, suggests that plaintiffs are continuously finding websites with significant accessibility issues.

A research report by WebAIM in 2020 found that an astonishing 98.1% of the top 1,000,000 websites' home pages had detectable WCAG (Web Content Accessibility Guidelines) failures. This highlights the alarming discrepancy between the rapid growth of companies' online presence and their lack of attention to accessibility initiatives.

Plaintiff firms are becoming more efficient in building and filing claims, contributing to the surge in lawsuits. Notably, California, under The Unruh Civil Right Act, has seen a significant increase in filings, closely followed by New York. These states are at the forefront of addressing web accessibility issues through legal means.

However, it's important to note that ADA lawsuits cover more than just web accessibility. While missing closed captions or audio descriptions can easily be argued as violations of the ADA, other areas of digital content also fall under scrutiny. For instance, the Unruh Act provides a penalty of $4,000 for each violation, making the use of video a straightforward and direct way for plaintiffs to build their case.

Amidst the rising wave of ADA lawsuits, it is crucial for companies to take proactive measures to address accessibility concerns. Here are three actionable pieces of advice to help companies improve their digital accessibility and mitigate the risk of litigation:

1. Prioritize Accessibility Initiatives: With the rapid expansion of stores, websites, and digital content, companies must allocate sufficient resources to ensure accessibility compliance. This includes conducting regular accessibility audits, implementing robust accessibility guidelines, and providing adequate training to employees involved in website and content development.

2. Collaborate with Accessibility Experts: Engaging with accessibility experts can provide invaluable insights and guidance in identifying and resolving accessibility issues. These experts can conduct thorough accessibility assessments, recommend best practices, and assist in implementing accessible design principles. Their expertise can help companies create inclusive digital experiences that comply with ADA requirements.

3. Implement User Testing and Feedback Loops: Involve individuals with disabilities in the testing and feedback process to ensure that your digital platforms are truly accessible. By actively seeking input from users with various disabilities, companies can gain a better understanding of the barriers they may face and make necessary improvements. Regular user testing and feedback loops should be incorporated into the development and maintenance of digital content.

In conclusion, the surge in ADA digital accessibility lawsuits in 2020 highlights the urgent need for companies to prioritize accessibility initiatives. With the number of lawsuits continuing to rise, it is crucial for businesses to address accessibility concerns proactively. By allocating resources, collaborating with accessibility experts, and incorporating user testing and feedback loops, companies can create inclusive digital experiences that not only comply with ADA guidelines but also provide equal access to individuals with disabilities. By doing so, they can mitigate the risk of litigation and foster a more inclusive online environment for all.