Legal Implications of Non-Compliance with Accessibility Standards

In 2024, almost nine ADA website lawsuits were filed per day in the US, totaling 3,188 cases. Settlements ranged from $5,000 up to $400,000, depending on the violation.

Beyond settlement costs, companies also face legal fines, remediation expenses, and reputational damage - all of which can exceed the initial penalty.

Stop addressing accessibility compliance reactively and start addressing it proactively. Here’s how to stay ahead of the curve:

The Legal Framework Governing Digital Accessibility

Digital accessibility isn't optional. It's mandated by a network of laws, regulations, and guidelines:

• Americans with Disabilities Act (ADA): Courts consistently interpret Title III to apply to websites and mobile apps. The DoJ has clarified in its April 2024 final rule that the ADA covers digital spaces.

• Section 508 of the Rehabilitation Act: Requires federal agencies and contractors to make digital content accessible for everyone, using WCAG 2.1 Level AA as the technical standard.

• State Laws: Several states, like Arkansas (Act 1227), California (government codes 11545.7, 11135, and 7405 and the Unruh Civil Rights Act), Kansas (ITEC), and others, have enacted their own accessibility requirements with varying standards and penalties.

• International Regulations: The European Accessibility Act (EAA) introduces comprehensive requirements for businesses operating in the EU.

Emerging Legal Trends Reshaping Compliance

Current litigation patterns reveal several key trends that organizations should monitor:

• Expanding Scope: Lawsuits now target mobile apps, streaming services, and digital documents, not just traditional websites.

• Rise in Class Actions: More cases filed as class actions substantially increase potential damages.

• Industry-Specific Focus: Lifestyle, fashion, clothing & apparel saw 1,121 lawsuits; Restaurant, food, drinks & beverages 758, etc.

• Overlay Solutions Under Scrutiny: Companies using accessibility overlay tools have been sued despite vendor promises of compliance. 

• Serial ADA Plaintiffs: A small number of plaintiffs and law firms file the majority of cases, often targeting multiple companies within the same industry. In June 2024, 13 plaintiffs were responsible for 51% of all ADA website lawsuits in the US.

A typical accessibility lawsuit might look like this:

1. A demand letter alleges specific accessibility barriers encountered by a user with a disability

2. The letter requests remediation, confirmation of an accessibility policy, and monetary compensation

3. If not resolved, a formal lawsuit follows, often in plaintiff-friendly jurisdictions

4. Most cases settle before trial, with terms including remediation timelines, monitoring periods, and financial compensation

Hidden Compliance Risks that Catch Companies Off-Guard

Legal risks extend beyond private lawsuits:

• Government Enforcement Actions: Federal agencies (DoJ, FCC, OCR, EEOC) can investigate and enforce accessibility requirements, resulting in consent decrees and penalties.

• Contract Exclusions: Companies with inaccessible products increasingly find themselves excluded from government and enterprise contracts that require WCAG compliance.

• Acquisition Complications: Accessibility issues discovered during due diligence can affect business transactions as potential costs and legal exposure are evaluated.

Insurance Considerations: Some liability policies (technology errors & omissions, cyber liability with accessibility coverage, etc.) now address accessibility claims differently than other digital risks.

How to Build a Proactive Legal Defense

Organizations can significantly reduce legal exposure through strategic measures:

1. Document Your Efforts: Maintain records of accessibility audits, remediation plans, and ongoing monitoring. Courts look favorably on good-faith efforts even when perfect compliance hasn't been achieved.

2. Publish an Accessibility Statement: Create a public-facing statement that acknowledges commitment to accessibility, provides alternative means of access, and offers contact information for users experiencing barriers.

3. Implement a Formal Policy: Develop internal policies that establish accessibility requirements for new development, procurement, and content creation.

4. Prioritize Critical User Flows: Focus initial remediation efforts on high-risk areas like checkout processes, form submissions, and account management functions.

5. Provide Training: Ensure that developers, designers, content creators, and procurement teams understand accessibility requirements relevant to their roles.

6. Establish a Feedback Mechanism: Create a process for users to report accessibility issues and commit to addressing them in a reasonable timeframe (aim for within 48 hours)

Accessibility is an ongoing commitment. Courts recognize this and will look more favorably on your organization if you demonstrate continuous improvement instead of claiming instant or perfect compliance.

Ready to build your proactive defense strategy?

Join leading organizations that partnered with User1st to stay ahead of accessibility compliance risks.