ADA Lawsuits Surge: Are Serial Filers Putting Your Business at Risk?

Over recent years, ADA website lawsuits have reached unprecedented levels. Businesses across the United States are being hit with claims alleging that their websites fail to meet the accessibility standards outlined in the Americans with Disabilities Act (ADA). Nolan Klein has represented hundreds of businesses in precisely these types of cases. A growing trend within this phenomenon is the rise of serial filers—individuals or entities who repeatedly file ADA lawsuits, often targeting hundreds or even thousands of businesses.

But what does this mean for website owners and business operators? How can you protect yourself against costly litigation? This blog will explore who is most at risk, highlight common violations, and outline actionable steps to ensure compliance.

E-commerce websites are prime targets for ADA website lawsuits

Who Is at Risk?

ADA website lawsuits aren’t limited to any specific industry. From local shops to large corporations, all businesses with an online presence are potential targets. However, certain types of organizations are particularly vulnerable:

1. Small Businesses

Small business owners often lack access to robust IT teams or website consultants. Without proper guidance, their websites may unknowingly fail to meet ADA standards.

2. E-Commerce Platforms

E-commerce platforms that depend on online transactions are popular targets for ADA litigation. Plaintiffs often allege issues like inaccessible checkout forms, confusing navigation, or images without alt text.

3. Hospitality and Travel

Hotels, airlines, and travel agencies are prime targets due to the dynamic nature of their websites, including the integration of booking engines and multimedia content.

4. Healthcare

Healthcare facilities, such as clinics and hospitals, draw scrutiny for the accessibility of patient resources, online appointment bookings, and important documents.

If your business falls into one of these categories, taking proactive measures is crucial to mitigating risks.

The Impact of Serial Filers

One of the most concerning aspects of ADA website lawsuits is the emergence of serial filers. These individuals or legal teams file a high volume of lawsuits, often looking for quick settlements rather than genuine resolution of accessibility concerns.

Common ADA Website Accessibility Violations

To reduce the risk of ADA website lawsuits, it’s essential to understand the most common accessibility violations. Below are issues frequently flagged in legal claims:

1. Lack of Alt Text

Missing or improper alternative text for images prevents screen readers from conveying visual details to users with visual impairments.

2. Poor Color Contrast

Low contrast between text and background colors can make it difficult for individuals with visual impairments to read website content.

3. Missing Keyboard Navigation

Some websites are not navigable via keyboard-only input, which is essential for users with limited mobility.

4. Unlabeled Form Fields

Forms lacking proper labels create challenges for screen readers, leaving visually impaired users unable to fill them out properly.

5. Non-Descriptive Links or Buttons

Links or buttons with vague descriptions, such as “click here” or “submit,” cause confusion and limit accessibility for users relying on assistive technologies.

Ensuring your website meets compliance standards can help you avoid these violations and drastically reduce the likelihood of lawsuits.

Legal Advice to Ensure Website Compliance

While non-compliance can lead to expensive lawsuits, the good news is that there are resources and strategies available to help your business achieve ADA compliance.

Here’s how you can protect yourself:

1. Conduct an ADA Compliance Audit

Work with an ADA website lawyer or website accessibility expert to audit your site against recognized standards, including Web Content Accessibility Guidelines (WCAG). These audits identify violations and weaknesses, providing actionable solutions.

2. Use Automated Accessibility Checkers

Leverage automated tools such as WAVE, Axe, or Accessibility Checker to scan your website for accessibility issues. While not a substitute for a comprehensive audit, these tools provide a starting point.

3. Implement WCAG Best Practices

WCAG outlines internationally accepted guidelines for web accessibility. Key principles include:

• Perceivable: Content must be presented in ways users can perceive (e.g., alt text for images, captions for videos).

• Operable: Users must be able to interact with the site (e.g., keyboard navigation).

• Understandable: Ensure users can easily understand information (e.g., clear language, predictable navigation).

• Robust: Content must be compatible with assistive technologies.

4. Provide an Accessibility Statement

Include a clear accessibility statement on your website, detailing your commitment to inclusion and addressing barriers. Provide contact information for users to report issues.

5. Consult an ADA Lawyer

An ADA website lawsuit lawyer can help you address compliance concerns and strategize your defense if faced with litigation. They’ll help you stay ahead of legal challenges and maintain a website that aligns with ADA standards.

Protect Your Business by Acting Proactively

If your business relies on online sales or services, now is the time to act. Get your website audited, resolve accessibility issues, and leverage expert advice to stay legally compliant. Protecting your business and creating a welcoming experience for all users is well worth the investment.

If you are already being sued for alleged ADA website violations, contact Nolan Klein to discuss your matter. We will be happy to discuss your case and explain the best way to deal with the matter.