Web accessibility litigation remains frequent in 2024, driving home the continued need for organizations to prioritize compliance with laws like the Americans with Disabilities Act (ADA). But just how common are digital accessibility lawsuits, and what new developments are impacting organizations’ risk?
To better understand the web accessibility compliance landscape, our Legal Intelligence Group conducted a comprehensive review of court dockets and case law for early 2024. The results, published in our first-ever Legal Intelligence Report, offer a deep dive into trends in digital accessibility lawsuits at both the state and federal level. In this piece, we’ll highlight a few of the key findings from our research—and share best practices for organizations to navigate the evolving legal landscape.
Litigation trends: Lawsuit data reveals frequent action, strategic filing, and firm expertise
In the first quarter of 2024, a total of 1,136 digital accessibility lawsuits were filed in U.S. state and federal courts. This frequent litigation demonstrates that accessible digital experiences are a priority for plaintiffs—and they aren’t afraid to hold organizations accountable for non-compliance.
No organization is immune from legal risk
Three states—New York, California, and Florida—led the nation in lawsuits filed. While New York and Florida saw the highest volume of federal cases, state-level litigation was concentrated in New York and California. Because many courts in these states have historically sided with plaintiffs, this data suggests plaintiffs are strategically filing in states where they’re more likely to win.
Businesses should be aware that lawsuits can be filed in any country or state where users can access your website, not just where your business is physically located. This is particularly important when it comes to understanding risk under New York and California state laws—which allow for compensatory damages and civil penalties. Any organization that serves online consumers in these states may face these costly consequences for non-compliance, even if the organization is headquartered elsewhere.
Our findings also reinforce that no industry is above the law. While specific industries such as e-commerce and education experienced waves of legal activity, we also uncovered lawsuits targeting cannabis businesses, pet supply shops, and sports team apparel stores. Today, no company is too small, or industry too niche, to avoid legal action if they neglect to prioritize digital accessibility.
How do the ADA requirements apply to digital accessibility?
Select law firms lead in lawsuits filed
Nearly 60% of the lawsuits filed in Q1 2024 were initiated by just five law firms, with Mizrahi Kroub LLP and Stein Saks, PLLC leading in total case volume. While this concentration of activity can be partly attributed to “settlement mills,” or firms that pursue a large number of cases seeking quick settlements, it’s clear that firms are making accessibility a specialization and focus. Digital accessibility is a priority for both plaintiffs and lawyers, and for non-compliant organizations, the risk of legal action is imminent.
Regulatory updates: New regulations signal intensified scrutiny around compliance
As lawsuit velocity remains high, regulations for digital accessibility are also tightening. In April, the Department of Justice (DOJ) published a new rule under ADA Title II, which defined version 2.1 of the Web Content Accessibility Guidelines (WCAG) level AA as the compliance standard for web content and mobile apps. Similarly, a new rule published by the Department of Health and Human Services (HHS) in May established WCAG 2.1 AA as the official standard for Section 504 compliance in healthcare and social services.
While both of these regulations apply to organizations operating in the public sector, they signal increased attention to digital accessibility among lawmakers—and may be the precursor to ADA Title III changes impacting private businesses. By proactively making digital accessibility a focus now, businesses can not only mitigate legal risk, but also get ahead of these potential regulatory updates.
How to minimize the risk of web accessibility litigation for your organization
Amid the steady pace of digital accessibility lawsuits, you may be wondering how to reduce your organization’s risk. By taking the following tangible steps, you can improve the accessibility of your digital experiences and make meaningful progress toward compliance:
- Aim for WCAG 2.2 AA: As a best practice for long-term compliance, aim for level AA conformance with WCAG 2.2. While many regulations still incorporate WCAG 2.1 AA, conforming with the most recent version will help you stay ahead of changes in the legal landscape. By aligning with the most up-to-date standards, you will also ensure your digital experience is usable for the largest number of people.
- Start early: Proactively integrate accessibility into design and development workflows. Addressing accessibility from the beginning of the digital experience creation process reduces the likelihood of accumulating a backlog of issues in the later testing phase, or when an experience is already live, that could render your organization non-compliant.
- Implement accessibility training: Equip teams with the knowledge and skills they need to achieve and maintain compliance by offering general and role-specific accessibility training.
- Enlist expert support: Meeting compliance standards can feel challenging, particularly if you’re new to digital accessibility. Consider partnering with an experienced digital accessibility solution provider for guidance, tools, and support.
Dive deeper into the digital accessibility legal landscape
The data is clear: web accessibility litigation isn’t slowing down. Staying informed about the current landscape is important for understanding, and reducing, your organization’s risk. To gain more in-depth insight on legal data and trends that may impact your organization, access our full Legal Intelligence Report today.
In-depth data and insight on digital accessibility litigation trends
The post 2024 U.S. Web Accessibility Litigation: Key Trends and Strategies for Mitigating Risk appeared first on Level Access.