Web accessibility lawsuits are rising, driven by opportunistic litigants and businesses overlooking ADA compliance. While many website owners focus on optimizing their platforms for users, third-party integrations often become overlooked vulnerabilities. These integrations, while convenient, can lead to accessibility issues that result in costly legal consequences.
If you're a website owner or legal professional, understanding the impact of third-party tools on ADA compliance is critical. This blog will explore the concept of third-party integrations, their potential pitfalls, real-world legal examples, and proactive solutions to mitigate risks.
The Rise of ADA Website Lawsuits
The Americans with Disabilities Act (ADA) requires businesses to ensure their websites are accessible to individuals with disabilities. Recent years have seen a surge in lawsuits targeting allegedly non-compliant websites. Many of these cases are filed by serial litigants who exploit overlooked accessibility barriers, including those introduced by third-party tools.
Failing to comply with ADA guidelines can result in costly legal fees, settlements, and other damage. Website owners must be vigilant—not just about their core content—but also about the external elements they add to their platforms.
What Are Third-Party Integrations?
Third-party integrations refer to external tools, software, or services embedded or connected to a website to enhance functionality. These integrations can provide features a website might not have the resources to build in-house. Some common examples include:
Payment Gateways (e.g., PayPal, Stripe)
Embedded Media (e.g., YouTube videos, image sliders)
Live Chat Plugins (e.g., Tawk.to, Zendesk Chat)
Social Media Feeds (e.g., Instagram, Facebook plug-ins)
Interactive Maps (e.g., Google Maps widgets)
E-Commerce Tools (e.g., Shopify plugins, product filters)
While these integrations can streamline website operations and improve user experience, they often introduce accessibility issues outside the direct control of the website owner.
Why Are Third-Party Integrations a Problem?
Third-party integrations, though valuable, can pose significant challenges for websites aiming to be ADA compliant. Here’s why they are often problematic:
1. Lack of Accessibility Features
Not all third-party tools are designed with accessibility in mind. A payment gateway, for instance, might lack keyboard navigation support, making it impossible for users with motor disabilities to complete purchases.
2. Limited Customization
Most third-party tools provide limited options for customization. Website owners often cannot edit the underlying code, leaving them unable to fix accessibility barriers.
3. Lack of Responsibility by Providers
Third-party providers may not prioritize ADA compliance, assuming website owners will address these issues. This creates a gap in accountability where no one resolves the integration's accessibility flaws.
4. Compatibility Conflicts
Third-party tools can disrupt a website's overall accessibility when they do not integrate seamlessly with current assistive technologies, such as screen readers.
5. Dynamic Content
Certain plugins (e.g., interactive maps or sliders) generate dynamic content that can be challenging for screen readers to interpret, leaving users with visual impairments unable to engage with critical information.
When any of these issues are ignored, website owners can face legal action—even though the root cause originates from an external tool.
Real-World Examples of ADA Lawsuits Caused by Third-Party Integrations
The legal landscape has several high-profile cases that underscore the risks posed by inaccessible third-party integrations:
Netflix (2012): While not a website integration, Netflix faced a lawsuit for failing to provide closed captions for its online streaming services. The case highlighted the importance of accessibility in digital services, especially in embedded media.
Domino’s Pizza (2019): Domino’s was sued because its website and mobile app, which integrated third-party tools, did not work properly with screen readers. The U.S. Supreme Court denied a review, reinforcing the need for websites to comply with ADA guidelines.
Etsy Sellers (Ongoing): Independent sellers on Etsy faced accessibility lawsuits due to third-party integrations like payment gateways and product galleries that were not screen-reader friendly.
These cases illustrate how third-party integrations can directly or indirectly lead to ADA lawsuits, regardless of their origin. Website owners bear the responsibility for ensuring full compliance.
Solutions to Mitigate Risks of Non-Compliance
To reduce the risk of ADA website lawsuits, website owners must proactively address accessibility concerns related to third-party integrations. Here are the steps to take:
1. Audit Your Website Regularly
Run an accessibility audit of your entire website, including all third-party integrations. Tools like WAVE or Axe can identify potential accessibility barriers. Make audits a regular practice to ensure continued compliance.
2. Choose Accessible Integrations
Before integrating third-party tools, verify their accessibility. Look for providers that offer WCAG (Web Content Accessibility Guidelines) compliance documentation and accessibility features.
3. Use No-Code Accessibility Solutions
Some platforms, like accessiBe or UserWay, provide automated solutions to improve the accessibility of third-party integrations. These tools can bridge gaps without requiring extensive coding expertise.
4. Customize When Possible
Wherever possible, customize third-party tools to align with accessibility standards. If a tool cannot be customized, consider an alternative provider with better accessibility support.
5. Consult Accessibility Experts
Bring in accessibility consultants to review your website design and identify integration-specific errors. These experts can provide actionable recommendations tailored to your platform.
6. Stay Updated on Accessibility Laws
ADA compliance legal standards evolve. Keep yourself informed about the latest accessibility guidelines and implement best practices across your digital ecosystem.
7. Include Accessibility Clauses in Contracts
When entering agreements with third-party providers, include clauses that require their tools to meet ADA guidelines. This creates shared accountability for compliance.
Proactive Compliance is Non-Negotiable
The risk of ADA lawsuits is too significant to ignore. Website owners must recognize that compliance extends beyond their core design elements and includes third-party integrations. By auditing, choosing accessible providers, and addressing gaps proactively, you can ensure your website serves all users equally while avoiding costly lawsuits. Prioritize accessibility today can mean appropriate risk management and mitigation into future.
If your company has already been sued in an ADA website lawsuit, feel free to call or email us to discuss.