Arek Dvornechcuck
Branding Expert
Settlements following a website accessibility demand letter or a lawsuit can range from a few thousand to a few dozen of thousands of dollars!
The reality is, many businesses are unknowingly at risk, and if your website's accessibility hasn't been checked, it's crucial to do so.
A while ago, I started offering tools like AccessiBe to my clients when delivering web design work and you should consider that too.
Let's delve deeper into understanding web accessibility, the importance of being ADA compliant, trends in web accessibility lawsuits, the most affected sectors and more.
At the end, I will also talk about preventive measures through tools like AccessiBe (I’m using it on my website), and the tax benefits related to web accessibility.
In our progressively digital era, web accessibility has emerged as a cornerstone of online inclusivity.
With one in four people in the U.S. alone living with a disability, making the web accessible to everyone is a necessity.
It's no surprise that a staggering 92% of businesses now rely on their web agencies to ensure the websites they create are accessible.
By improving your website's accessibility, you're not just adhering to ethical standards but also reaping business benefits, including better SEO rankings and tapping into a market valued at an impressive $1.28 trillion in the U.S alone.
An important aspect that all businesses need to comprehend is the potential risk of not becoming ADA compliant.
These lawsuits, which saw a significant surge in 2018, continue 5 years later.
More than 40,000 demand letters have been sent to all businesses, from large enterprises to small and medium businesses, and even local mom-and-pop shops.
Failure to ensure your website meets these standards can lead to lawsuits.
Settlements following a website accessibility demand letter or lawsuit can vary, with figures ranging anywhere from $5,000 to $20,000, or even more.
These numbers are contingent on several factors, including the lawyer, the plaintiff, and the jurisdiction involved.
In the past year, web accessibility lawsuits have dramatically escalated.
Recently, the Department of Justice reaffirmed their 2018 ruling that websites are considered public accommodations and, as such, must comply with ADA's requirements of non-discrimination and effective communication.
The legal standard for web accessibility is the WCAG (Web Content Accessibility Guidelines), universally adopted and implemented.
Web accessibility lawsuits have been on a consistent rise as awareness of WCAG-based laws increases.
Lawsuits in 2021 broke records, being 14% higher than the previous year, and demand letters related to web accessibility are expected to keep growing.
Some sectors are disproportionately affected by web accessibility lawsuits.
For instance, the tech, software, and internet services sectors recently made it to the top five most affected sectors.
Consumer Goods, Services & Retail, and Apparel, Durables & Beauty are the two largest affected groups, accounting for 41% and 16.1% of all lawsuits, respectively.
Proactiveness is key in avoiding ADA lawsuits.
That's where AccessiBe, an automated solution for WCAG and ADA compliance, comes in.
Using AccessiBe on my websites has proved to be a game-changer, offering services like media and file remediation, audits, user testing, and VPATs.
Should a demand letter or lawsuit arrive, AccessiBe offers comprehensive litigation support and guidance, ensuring your site remains compliant and you stay informed.
Investing in web accessibility isn't just about promoting inclusivity and avoiding lawsuits.
It also comes with financial incentives.
According to Section 44 of the IRS Code, businesses and agencies with ADA compliant websites can qualify for a tax credit.
The Disabled Access Tax Credit, introduced to encourage businesses to invest in accessibility, essentially lets you recoup the cost invested in your accessibility efforts.
The credit covers 50% of eligible expenses up to $10,250, with the maximum credit allocated being $5,000.
In light of increased enforcement of web accessibility laws, it's essential for businesses and web agencies to ensure their websites meet ADA and WCAG guidelines.
This not only helps prevent lawsuits but also makes your services accessible to a wider audience.
Tools like AccessiBe simplify the journey towards web accessibility, making it an achievable goal for everyone.
