Lots of Websites Targeted by ADA

Google, Bing, DDG and more forum
1

We went from 1-2 calls a month to 10-15, which shows a pattern I hadn’t seen before. Now it’s happening to small businesses, and I figured it was only a matter of time, but it’s still a shock.

Yesterday, someone shared a link about a Shopify theme (check the comments).

With Google focusing on tech and accessibility issues and lawyers suing small businesses, it’s a good idea to make sure your sites (or your clients’ sites) are WCAG compliant. Start before launching. If you get targeted, your site could be down for 2-6 months.

PS: This isn’t an attack on Shopify. All CMS platforms have non-compliant themes.

2

The worst part is how hard it is to avoid these lawsuits. I’ve been in this space for 9 years, and the law is still really unclear. Even with a well-built site, someone can find a minor issue and sue. It’s a scam.

It’s probably not a sudden increase, though. I’ve worked at places that were fine for years until suddenly we weren’t. Someone figured out we made websites and went after everything we’d built. It’s like easy money for them.

It sounds like your business might be under fire now. It sucks.

3

BillSmith said:
The worst part is how hard it is to avoid these lawsuits. I’ve been in this space for 9 years, and the law is still really unclear. Even with a well-built site, someone can find a minor issue and sue. It’s a scam.

It’s probably not a sudden increase, though. I’ve worked at places that were fine for years until suddenly we weren’t. Someone figured out we made websites and went after everything we’d built. It’s like easy money for them.

It sounds like your business might be under fire now. It sucks.

Thankfully, we haven’t been hit. We just get a lot more calls from clients needing help with their sites. It’s scary for business owners, and for a good reason. If a small business ends up in court over this, it’s pretty much game over.

4

BillSmith said:
The worst part is how hard it is to avoid these lawsuits. I’ve been in this space for 9 years, and the law is still really unclear. Even with a well-built site, someone can find a minor issue and sue. It’s a scam.

It’s probably not a sudden increase, though. I’ve worked at places that were fine for years until suddenly we weren’t. Someone figured out we made websites and went after everything we’d built. It’s like easy money for them.

It sounds like your business might be under fire now. It sucks.

We should be pushing for some help from the ADA for this. Small businesses need funding to make their websites compliant. Setting up an accessible site isn’t cheap, and there needs to be some leniency. Please post if there’s ever a petition for this.

5

  1. Don’t settle.

  2. The ADA doesn’t have specific rules for website compliance!

  3. WCAG guidelines exist, but they aren’t enforced as laws.

  4. Add terms and conditions to your site to protect yourself. That way, even if someone tries to sue, it can get dismissed easily.

  5. Even some websites made for people with disabilities aren’t WCAG compliant.

The ADA’s goal is to make things more accessible, not for shady lawyers to make money. Here’s a sample for your website’s terms of service:

We don’t guarantee that our site will always be available or error-free. While we aim for accessibility, some parts of the site may not work for everyone, and the right tech solution might not exist yet. Let us know if you have issues, and we’ll try to fix them.

We won’t be responsible for any damages, including:

  • Loss of use or access to the site;

  • Loss of business opportunities;

  • Any other damages related to website accessibility.

By using this site, you agree to hold us harmless from any claims about accessibility or failure to meet disability laws.

This shows a ‘good faith effort.’ Just don’t claim full ADA or WCAG compliance because that sets a standard for them to claim you didn’t meet.

6

Sadie said:

  1. Don’t settle.

  1. The ADA doesn’t have specific rules for website compliance!

  2. WCAG guidelines exist, but they aren’t enforced as laws.

  3. Add terms and conditions to your site to protect yourself. That way, even if someone tries to sue, it can get dismissed easily.

  4. Even some websites made for people with disabilities aren’t WCAG compliant.

The ADA’s goal is to make things more accessible, not for shady lawyers to make money. Here’s a sample for your website’s terms of service:

We don’t guarantee that our site will always be available or error-free. While we aim for accessibility, some parts of the site may not work for everyone, and the right tech solution might not exist yet. Let us know if you have issues, and we’ll try to fix them.

We won’t be responsible for any damages, including:

  • Loss of use or access to the site;

  • Loss of business opportunities;

  • Any other damages related to website accessibility.

By using this site, you agree to hold us harmless from any claims about accessibility or failure to meet disability laws.

This shows a ‘good faith effort.’ Just don’t claim full ADA or WCAG compliance because that sets a standard for them to claim you didn’t meet.

I agree with most of what you said, but TOS (Terms of Service) have been through the courts before. Users often need to ‘click’ to agree.

A lot of TOS agreements also say things like ‘We can change the terms without notice,’ which courts have rejected.

You still might need a lawyer, and you’re looking at a $10,000 to $25,000 legal bill.

7

MissNicklaus said:

Sadie said:

  1. Don’t settle.

  1. The ADA doesn’t have specific rules for website compliance!

  2. WCAG guidelines exist, but they aren’t enforced as laws.

  3. Add terms and conditions to your site to protect yourself. That way, even if someone tries to sue, it can get dismissed easily.

  4. Even some websites made for people with disabilities aren’t WCAG compliant.

The ADA’s goal is to make things more accessible, not for shady lawyers to make money. Here’s a sample for your website’s terms of service:

We don’t guarantee that our site will always be available or error-free. While we aim for accessibility, some parts of the site may not work for everyone, and the right tech solution might not exist yet. Let us know if you have issues, and we’ll try to fix them.

We won’t be responsible for any damages, including:

  • Loss of use or access to the site;

  • Loss of business opportunities;

  • Any other damages related to website accessibility.

By using this site, you agree to hold us harmless from any claims about accessibility or failure to meet disability laws.

This shows a ‘good faith effort.’ Just don’t claim full ADA or WCAG compliance because that sets a standard for them to claim you didn’t meet.

I agree with most of what you said, but TOS (Terms of Service) have been through the courts before. Users often need to ‘click’ to agree.

A lot of TOS agreements also say things like ‘We can change the terms without notice,’ which courts have rejected.

You still might need a lawyer, and you’re looking at a $10,000 to $25,000 legal bill.

True, but a visitor automatically agrees to the website’s terms if they continue to use it. For non-registered users, their legal standing is weaker, so these lawsuits are mostly scare tactics.

In 2019, the US Supreme Court upheld a case involving a class-action lawsuit waiver in TOS. Courts also ruled that a website’s TOS is a voluntary contract, even for visitors. But, if the terms are updated for registered users, you must inform them and make them accept the new terms before continuing to use the site.

Most TOS agreements are fine for blogs and smaller sites, but larger ones attract lawyers looking for settlements. If you make decent money from your site, you’ll likely become a target eventually.

8

Sadie said:

  1. Don’t settle.

  1. The ADA doesn’t have specific rules for website compliance!

  2. WCAG guidelines exist, but they aren’t enforced as laws.

  3. Add terms and conditions to your site to protect yourself. That way, even if someone tries to sue, it can get dismissed easily.

  4. Even some websites made for people with disabilities aren’t WCAG compliant.

The ADA’s goal is to make things more accessible, not for shady lawyers to make money. Here’s a sample for your website’s terms of service:

We don’t guarantee that our site will always be available or error-free. While we aim for accessibility, some parts of the site may not work for everyone, and the right tech solution might not exist yet. Let us know if you have issues, and we’ll try to fix them.

We won’t be responsible for any damages, including:

  • Loss of use or access to the site;

  • Loss of business opportunities;

  • Any other damages related to website accessibility.

By using this site, you agree to hold us harmless from any claims about accessibility or failure to meet disability laws.

This shows a ‘good faith effort.’ Just don’t claim full ADA or WCAG compliance because that sets a standard for them to claim you didn’t meet.

You’ve got good points, but just saying you’re not responsible doesn’t always hold up in court.

9

Omiod said:

Sadie said:

  1. Don’t settle.

  1. The ADA doesn’t have specific rules for website compliance!

  2. WCAG guidelines exist, but they aren’t enforced as laws.

  3. Add terms and conditions to your site to protect yourself. That way, even if someone tries to sue, it can get dismissed easily.

  4. Even some websites made for people with disabilities aren’t WCAG compliant.

The ADA’s goal is to make things more accessible, not for shady lawyers to make money. Here’s a sample for your website’s terms of service:

We don’t guarantee that our site will always be available or error-free. While we aim for accessibility, some parts of the site may not work for everyone, and the right tech solution might not exist yet. Let us know if you have issues, and we’ll try to fix them.

We won’t be responsible for any damages, including:

  • Loss of use or access to the site;

  • Loss of business opportunities;

  • Any other damages related to website accessibility.

By using this site, you agree to hold us harmless from any claims about accessibility or failure to meet disability laws.

This shows a ‘good faith effort.’ Just don’t claim full ADA or WCAG compliance because that sets a standard for them to claim you didn’t meet.

You’ve got good points, but just saying you’re not responsible doesn’t always hold up in court.

It helps, though. This whole thing is a loophole in the legal system. Protecting yourself with these terms can’t hurt.

10

As an accessibility specialist, do you offer any kind of guarantee? From what I know, true compliance is always changing.

11

KeywordKing said:
As an accessibility specialist, do you offer any kind of guarantee? From what I know, true compliance is always changing.

We guarantee you’ll meet all accessibility guidelines, whether it’s AA or AAA level under the ADA, or other laws like the EU Web Accessibility Directive. We even handle compliance for disabilities beyond web accessibility, like for Alzheimer’s or autism.

Our team includes Psychology PhDs and real disabled testers, so WCAG compliance is easy for us.

12

Benaiah said:

KeywordKing said:
As an accessibility specialist, do you offer any kind of guarantee? From what I know, true compliance is always changing.

We guarantee you’ll meet all accessibility guidelines, whether it’s AA or AAA level under the ADA, or other laws like the EU Web Accessibility Directive. We even handle compliance for disabilities beyond web accessibility, like for Alzheimer’s or autism.

Our team includes Psychology PhDs and real disabled testers, so WCAG compliance is easy for us.

I’ve worked with sites where AA compliance was the focus. What’s the real benefit of aiming for AAA, and can AA compliance help with legal challenges?

13

Lenox said:

Benaiah said:
KeywordKing said:
As an accessibility specialist, do you offer any kind of guarantee? From what I know, true compliance is always changing.

We guarantee you’ll meet all accessibility guidelines, whether it’s AA or AAA level under the ADA, or other laws like the EU Web Accessibility Directive. We even handle compliance for disabilities beyond web accessibility, like for Alzheimer’s or autism.

Our team includes Psychology PhDs and real disabled testers, so WCAG compliance is easy for us.

I’ve worked with sites where AA compliance was the focus. What’s the real benefit of aiming for AAA, and can AA compliance help with legal challenges?

AA is the standard, and meeting it will keep you safe. AAA is for going the extra mile, which is helpful for specific cases like health services, but not mandatory.

For example, if you’re selling prosthetics or providing care for people with tremors, you’d need bigger buttons and tap areas. But again, AAA is optional.

14

Benaiah said:

Lenox said:
Benaiah said:
KeywordKing said:
As an accessibility specialist, do you offer any kind of guarantee? From what I know, true compliance is always changing.

We guarantee you’ll meet all accessibility guidelines, whether it’s AA or AAA level under the ADA, or other laws like the EU Web Accessibility Directive. We even handle compliance for disabilities beyond web accessibility, like for Alzheimer’s or autism.

Our team includes Psychology PhDs and real disabled testers, so WCAG compliance is easy for us.

I’ve worked with sites where AA compliance was the focus. What’s the real benefit of aiming for AAA, and can AA compliance help with legal challenges?

AA is the standard, and meeting it will keep you safe. AAA is for going the extra mile, which is helpful for specific cases like health services, but not mandatory.

For example, if you’re selling prosthetics or providing care for people with tremors, you’d need bigger buttons and tap areas. But again, AAA is optional.

Is this something we could consider outsourcing to Germany? We’ve got similar laws coming, just moving slower.

15

Benaiah said:

KeywordKing said:
As an accessibility specialist, do you offer any kind of guarantee? From what I know, true compliance is always changing.

We guarantee you’ll meet all accessibility guidelines, whether it’s AA or AAA level under the ADA, or other laws like the EU Web Accessibility Directive. We even handle compliance for disabilities beyond web accessibility, like for Alzheimer’s or autism.

Our team includes Psychology PhDs and real disabled testers, so WCAG compliance is easy for us.

What’s the typical cost to make a site compliant? Just looking for a ballpark figure.

16

Here’s the Shopify link:

https://old.reddit.com/r/shopify/comments/1femm9b/sued_for_ada_inaccessibility/

And a link about the vulture law firms:

https://www.kgw.com/article/news/investigations/portland-ada-act-lawsuits-shakedown-business-model/283-d0dc3293-e4d3-4376-91df-f251ba1a5f05

17

Benaiah said:
Here’s the Shopify link:

https://old.reddit.com/r/shopify/comments/1femm9b/sued_for_ada_inaccessibility/

And a link about the vulture law firms:

https://www.kgw.com/article/news/investigations/portland-ada-act-lawsuits-shakedown-business-model/283-d0dc3293-e4d3-4376-91df-f251ba1a5f05

I don’t get how these lawyers can do this and still show their faces in public.

18

Looks like lawyers and consultants creating problems to keep their businesses going.

19

Benaiah said:
We went from 1-2 calls a month to 10-15, which shows a pattern I hadn’t seen before. Now it’s happening to small businesses, and I figured it was only a matter of time, but it’s still a shock.

Yesterday, someone shared a link about a Shopify theme (check the comments).

With Google focusing on tech and accessibility issues and lawyers suing small businesses, it’s a good idea to make sure your sites (or your clients’ sites) are WCAG compliant. Start before launching. If you get targeted, your site could be down for 2-6 months.

PS: This isn’t an attack on Shopify. All CMS platforms have non-compliant themes.

How do you check if a site has ADA issues?

20

Michael said:

Benaiah said:
We went from 1-2 calls a month to 10-15, which shows a pattern I hadn’t seen before. Now it’s happening to small businesses, and I figured it was only a matter of time, but it’s still a shock.

Yesterday, someone shared a link about a Shopify theme (check the comments).

With Google focusing on tech and accessibility issues and lawyers suing small businesses, it’s a good idea to make sure your sites (or your clients’ sites) are WCAG compliant. Start before launching. If you get targeted, your site could be down for 2-6 months.

PS: This isn’t an attack on Shopify. All CMS platforms have non-compliant themes.

How do you check if a site has ADA issues?

The WAVE extension for Chrome or Firefox catches most issues. You’ll still need to check some things manually, but overall, it’s a great tool.