7 days FREE Trial Unlimited pageviews for any plan
Web accessibility lawsuits surge, setting new record
February 20, 2023
ADA-related claims that reached the Federal court in 2022 have risen by 12 percent compared to 2021, a new Seyfarth Synopsis report showed.
In total, 3,255 lawsuits were filed against businesses on the basis of ADA Title III for allegedly not providing accessible websites for individuals with disabilities, setting an all-time high record.
As emphasized previously, ADA-related claims have exploded in recent years, and bar a slowdown prior to the COVID-19 pandemic, the upward trend has not stopped since 2017.
Since 2017, Seyfarth Synopsis has recorded a 177 percent increase in Title III website accessibility lawsuits.
It should also be noted that most claims are preceded with demand letters that settle outside the courts, anywhere between the range of $7,000 to $30,000, according to various estimates. Hence, the actual number of ADA claims throughout the nation is significantly higher that the official number.
The report further stipulated that the ADA Title III lawsuits related to website accessibility violations consist of 37 percent of the total ADA Title III lawsuits filed, versus only 25 percent from the previous year.
Although California used to be the state with the highest number of ADA claims in the past, the state of New York recorded a total of 2,560 lawsuits, leaving other states far behind—Florida coming in second with 310 suits, Pennsylvania with 216 suits, and California fourth with 126.
The reason for the major gap between New York and California, according to the report, is likely to do with New York courts that have ruled that ADA laws do apply to online-restricted businesses, resulting in favorable rulings toward plaintiffs. In contrast, California courts at the state and federal levels have struck down the appeal that online-restricted businesses are subject to ADA laws.
However, California also has the Unruh accessibility-related legislation, and many related lawsuits are filed at the state level without registering as ADA claims.
To find out if web accessibility laws apply to your business and location, click here for more information.
In the fast-paced digital landscape of today, ensuring accessibility for all users is not just a competitive aspect of the market but a legal necessity. With the rise in lawsuits related to website accessibility, businesses and website owners are increasingly finding themselves under scrutiny for non-compliance with the Americans with Disabilities Act (ADA). However, navigating the complexities of ADA compliance can be daunting and time-consuming, often diverting attention from core business activities. Enter EqualWeb`s automatic AI-powered accessibility software – a game-changer in simplifying the process and alleviating one major worry for businessmen and website owners alike.
In 2004, Italy introduced a groundbreaking piece of legislation known as the Legge Stanca, or Law 4/2004. This legislation, also referred to as the Stanca Act, established a set of guidelines for ensuring the accessibility of websites and mobile applications for people with disabilities. Italy has recently expanded its accessibility law to apply to large private entities, which establishes the Stanca Law even more as a significant force in promoting digital inclusion in the boot-shaped peninsula.
What are the new guidelines of WCAG 2.2? How can you ensure your website is still accessible and compliant with the new updates? What does EqualWeb cover from the WCAG 2.2 requirements and what it does not? What has changed from WCAG 2.2 and what remained the same? We compiled all the answers in the following article.