Digital ADA lawsuits
Since 2017, we’ve seen a steady increase in the number of ADA lawsuits filed against companies for inaccessible online content. Adding to that, there were an estimated 265,000 legal demand letters sent in 2020 (which are often a precursor to a lawsuit).
With this escalation in legal activity, there’s no better time to prioritize web accessibility. We help you understand applicable global laws like the ADA, Section 508, and the AODA, and get you started to reduce your risk of reputation-damaging legal action.
ADA compliance and case law
The ADA was signed into law in 1990, when the internet had not yet gone mainstream. However, Title III prohibits discrimination in “places of public accommodation.” This is where understanding case law trends is key. Does a digital experience equate to a place of public accommodation?
U.S. courts overwhelmingly believe it does, and so does the Department of Justice. Failure to make a website, app, or digital product accessible is a violation of the ADA as well as a host of other international and state-level mandates.
Our legal team understands the WCAG technical standards, as well as how they relate to ADA case law trends and other global legislation.
Making it simple
When it comes to digital accessibility compliance and applicable international laws, multiple factors come into play: where your organization is located, your customers, and the size of your business. We simplify the complexities of compliance, making sure you understand the mandates you need to meet, and working with you to meet them. It’s an unparalleled level of legal support for every rule and regulation:
If you’ve received an ADA demand letter or formal web accessibility complaint, it’s possible the claim against you should be dismissed. This is where our legal expertise will help inform your response strategy.
We first assess whether the complaint is valid with lawsuit validation reports conducted by testers with disabilities. This testing will inform what plaintiff claims can be removed, which are valid, and which could be claimed as moot in the timeframe of the compliant or litigation.
If claims are valid, we will work with your legal team to produce documentation to support their efforts and help identify a strategy for the response.Request our ADA Demand Letter Playbook
- Demand validation: Our team will provide demand letter and lawsuit validation reports conducted by testers with disabilities to validate whether claims are credible.
- Response support: We will work with your legal team to inform a response, certifying the current state of accessibility, with a letter summarizing findings.
- Legal monitoring: We closely monitor current case law and digital accessibility legal activity. And we’ll notify you of any legal action related to your website or impactful trends in your industry.
- Expert testimony: If you are sued, our legal experts can support you through a deposition or trial, providing any third-party expertise, including written testimony and technical reports.
Explore our digital accessibility solution
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