What happens if your business ignores WCAG Guidelines? Legal risks explained
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Over 4,000 ADA Title III lawsuits were filed in federal courts in the first half of 2024. Experts believed this number reached nearly 9,000 by the year end. This alarming trend highlights the increasing legal search businesses face when they fail to comply with web accessibility standards. According to the National Law Review, there is no "easy fix" for accessibility barriers. So, if you own a business, it is better to understand the risks now rather than deal with a costly lawsuit later.
Ignoring the importance of Web ContentAccessibility Guidelines WCAG can leave your business vulnerable tolawsuits, huge fines and a bad reputation. Small businesses and largecorporations could end up in serious legal trouble when they fail to ensurewebsite accessibility. Read on the legal risks, financial costs and the beststeps to protect your business before it is too late.
What happens if your website fails tomeet WCAG standards
Your website becomes an easy target forlegal action when it is not compliant with the Americans with Disabilities Act.Private individuals and the Department of Justice can file lawsuits againstbusinesses under the ADA. So make sure you never fail to provide accessibledigital content.
DOJ Lawsuits
The Department of Justice has the authorityto sue businesses in cases of widespread discrimination. If your business issued by the DOJ and loses then you could face:
- Civil penalties are up to$92,383 for a first-time violation and up to $184,767 for repeat violations.
- Compensation payments toaffected users.
- Mandatory accessibilityremediation costs, which may include redesigning your website entirely.
- Additional legal fees, trainingprograms and ongoing compliance monitoring.
The NCBar Association states that recently, the DOJ has taken legal actionagainst major corporations like Hy-Vee, Kroger, Meijer, Rite Aid, Teachers TestPrep and H&R Block. These big industry players faced legal repercussionsfor minor accessible violations like missing alt text for images, inaccessiblepop-ups and unreadable form fields. As part of their settlements, thesecompanies were required to implement WCAG Level AA compliance, hireaccessibility consultants and undergo regular compliance audits.
Private Lawsuits & State-LevelPenalties
Private lawsuits do not allow plaintiffs toclaim financial damages under the ADA. However, businesses that settle oftenend up paying hefty legal fees, compliance costs and compensation according tothe settlement agreements. Some states, such as California, allow plaintiffs toclaim $4,000 per violation under the Unruh Civil Rights Act along withattorneys’ fees.
Where do most ADA WCAG accessibility violationsoccur?
Accessibility lawsuits often target easilyidentifiable website issues. Some of the most common violations include:
- Missing alt text – Screenreaders rely on alt text to describe images. Without it, visually impairedusers miss out on critical content.
- Inaccessible navigation menus –Dropdown menus and interactive buttons must be keyboard-navigable.
- Missing labels on forms – Itwill be hard for visually impaired users to fill out a form with no clearlabels. When these people use screen readers they will not know what to typeand may feel an accessibility barrier.
- No captions on videos –It willbe difficult for deaf or hard of hearing users to understand what is being saidwhen your videos do not have captions.
- Hard to read colors – Text andbackgrounds with not enough contrast can be inaccessible for users with visionproblems. They might struggle to read your website.
- Pop-ups that trap users – Screen readers cannotdetect some pop-ups. Users might not be able to close them or move forward.
You could face a lawsuit for having any ofthese issues on your website.
What to do if you receive anaccessibility complaint
You should not ignore any legal notice oraccessibility complaint you receive. DOJ suggests that you should take thebelow actions.
- Review the Complaint Carefully– Identify the specific accessibility issues raised.
- Consult an Attorney – Work witha legal expert specializing in ADA compliance.
- Conduct an Accessibility Audit– Hire a web accessibility consultant like ADACP to assess your website’s compliancewith WCAG 2.1 Level AA standards.
- Implement immediate fixes –Address issues of missing alt text and poor color contrast. Fix them as soon aspossible. You can also rely on our accessibility experts. ADACP is renowned foroffering quick and effective solutions for WCAG 2.2 Level AA compliance.
How to avoid accessibility complaints in the first place
The best way to protect your business is to proactively ensure your website meets WCAG standards.
1. Make regular accessibility audits your best friend
You may use automated tools like WAVE or Axe to scan your website for common accessibility issues. Although software scans are fast they are not 100% accurate. Consider hiring an accessibility consultant at ADACP. We can perform a thorough manual audit to catch complex issues automated tools may miss.
2. Follow WCAG 2.1 Level AA guidelines
While there are different levels of WCAG compliance - A, AA, and AAA. Level AA is the most commonly accepted standard in legal cases. You need in-depth domain knowledge to ensure compliance. If you need more guidance on what incorporates in Level AA of WCAG then get in touch with our accessibility experts.
3. Include an accessibility statement
Post a website accessibility statement explaining your commitment to inclusivity and offering contact information for users who need assistance.
Conclusion
The legal risks of ignoring WCAG guidelines are real. The stress of small and mid-sized firms is even intensifying by lawsuits increasing every year. Whether the DOJ taking action or private parties filing suits, non-compliance with accessibility standards can lead to significant financial losses.
Why wait for a lawsuit when you can take proactive steps and make your website accessible? If you need professional help, consider hiring the compliance consultants and audit experts at ADACP. We have dedicated accessibility experts to guide you through the process of making your business compliant in accordance to ADA and European Accessibility Act.
Want to protect your business and avoid legal trouble? Start your free accessibility audit today and stay ahead of the risks.
Over 4,000 ADA Title III lawsuits were filed in federal courts in the first half of 2024. Experts believed this number reached nearly 9,000 by the year end. This alarming trend highlights the increasing legal search businesses face when they fail to comply with web accessibility standards. According to the National Law Review, there is no "easy fix" for accessibility barriers. So, if you own a business, it is better to understand the risks now rather than deal with a costly lawsuit later.
Ignoring the importance of Web ContentAccessibility Guidelines WCAG can leave your business vulnerable tolawsuits, huge fines and a bad reputation. Small businesses and largecorporations could end up in serious legal trouble when they fail to ensurewebsite accessibility. Read on the legal risks, financial costs and the beststeps to protect your business before it is too late.
What happens if your website fails tomeet WCAG standards
Your website becomes an easy target forlegal action when it is not compliant with the Americans with Disabilities Act.Private individuals and the Department of Justice can file lawsuits againstbusinesses under the ADA. So make sure you never fail to provide accessibledigital content.
DOJ Lawsuits
The Department of Justice has the authorityto sue businesses in cases of widespread discrimination. If your business issued by the DOJ and loses then you could face:
- Civil penalties are up to$92,383 for a first-time violation and up to $184,767 for repeat violations.
- Compensation payments toaffected users.
- Mandatory accessibilityremediation costs, which may include redesigning your website entirely.
- Additional legal fees, trainingprograms and ongoing compliance monitoring.
The NCBar Association states that recently, the DOJ has taken legal actionagainst major corporations like Hy-Vee, Kroger, Meijer, Rite Aid, Teachers TestPrep and H&R Block. These big industry players faced legal repercussionsfor minor accessible violations like missing alt text for images, inaccessiblepop-ups and unreadable form fields. As part of their settlements, thesecompanies were required to implement WCAG Level AA compliance, hireaccessibility consultants and undergo regular compliance audits.
Private Lawsuits & State-LevelPenalties
Private lawsuits do not allow plaintiffs toclaim financial damages under the ADA. However, businesses that settle oftenend up paying hefty legal fees, compliance costs and compensation according tothe settlement agreements. Some states, such as California, allow plaintiffs toclaim $4,000 per violation under the Unruh Civil Rights Act along withattorneys’ fees.
Where do most ADA WCAG accessibility violationsoccur?
Accessibility lawsuits often target easilyidentifiable website issues. Some of the most common violations include:
- Missing alt text – Screenreaders rely on alt text to describe images. Without it, visually impairedusers miss out on critical content.
- Inaccessible navigation menus –Dropdown menus and interactive buttons must be keyboard-navigable.
- Missing labels on forms – Itwill be hard for visually impaired users to fill out a form with no clearlabels. When these people use screen readers they will not know what to typeand may feel an accessibility barrier.
- No captions on videos –It willbe difficult for deaf or hard of hearing users to understand what is being saidwhen your videos do not have captions.
- Hard to read colors – Text andbackgrounds with not enough contrast can be inaccessible for users with visionproblems. They might struggle to read your website.
- Pop-ups that trap users – Screen readers cannotdetect some pop-ups. Users might not be able to close them or move forward.
You could face a lawsuit for having any ofthese issues on your website.
What to do if you receive anaccessibility complaint
You should not ignore any legal notice oraccessibility complaint you receive. DOJ suggests that you should take thebelow actions.
- Review the Complaint Carefully– Identify the specific accessibility issues raised.
- Consult an Attorney – Work witha legal expert specializing in ADA compliance.
- Conduct an Accessibility Audit– Hire a web accessibility consultant like ADACP to assess your website’s compliancewith WCAG 2.1 Level AA standards.
- Implement immediate fixes –Address issues of missing alt text and poor color contrast. Fix them as soon aspossible. You can also rely on our accessibility experts. ADACP is renowned foroffering quick and effective solutions for WCAG 2.2 Level AA compliance.
How to avoid accessibility complaints in the first place
The best way to protect your business is to proactively ensure your website meets WCAG standards.
1. Make regular accessibility audits your best friend
You may use automated tools like WAVE or Axe to scan your website for common accessibility issues. Although software scans are fast they are not 100% accurate. Consider hiring an accessibility consultant at ADACP. We can perform a thorough manual audit to catch complex issues automated tools may miss.
2. Follow WCAG 2.1 Level AA guidelines
While there are different levels of WCAG compliance - A, AA, and AAA. Level AA is the most commonly accepted standard in legal cases. You need in-depth domain knowledge to ensure compliance. If you need more guidance on what incorporates in Level AA of WCAG then get in touch with our accessibility experts.
3. Include an accessibility statement
Post a website accessibility statement explaining your commitment to inclusivity and offering contact information for users who need assistance.
Conclusion
The legal risks of ignoring WCAG guidelines are real. The stress of small and mid-sized firms is even intensifying by lawsuits increasing every year. Whether the DOJ taking action or private parties filing suits, non-compliance with accessibility standards can lead to significant financial losses.
Why wait for a lawsuit when you can take proactive steps and make your website accessible? If you need professional help, consider hiring the compliance consultants and audit experts at ADACP. We have dedicated accessibility experts to guide you through the process of making your business compliant in accordance to ADA and European Accessibility Act.
Want to protect your business and avoid legal trouble? Start your free accessibility audit today and stay ahead of the risks.
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