ADA Compliance Scam
An email has been circulating for some time now about ensuring your website is ADA-compliant. Before we get into the email itself. We want to start by talking about what ADA Compliance is.
ADA is referring to the Americans with Disabilities Act of 1990. The final version of the bill was signed into law on July 26, 1990, by President George H. W. Bush. It was later amended in 2008 and signed by President George W. Bush with changes effective as of January 1, 2009.
Website
Basically, an ADA-compliant website is one designed for everyone. It should allow people with disabilities to use your website in ways that work for them. This is a win for your business and for those with disabilities. However, making your website fully compliant can be costly.” to make your website compliant. But Simply Web Services can help you build a new compliant WordPress website today.
Here is the email that some of our clients have been receiving:
Have Questions?
Is your website ADA compliant? Let's find out!
As COVID has moved even more transactions online, how will you know if your website is accessible to all potential customers?
Your peers in Virginia are being sued for websites that do not meet muddy compliance guidelines.
These suits have been happening to producers across the nation and they have found their way to Virginia. With people spending more time online than ever before, now is the time to protect yourself from these lawsuits.
Do you know what to do when you receive a complaint?
You will hear from producers that have been sued; Padilla, a marketing firm that conducts audits on your digital marketing for ADA compliance; and Attorney, Mary Beth Williams of Williams Compliance and Consulting with practical legal information.
Register today to Go! Get Compliant!
By participating in this webinar, you will learn how to determine if your digital marketing is ADA-compliant and get some practical resources and tools for you or your website designer.
Be proactive! Prevent a lawsuit!
So, is there any truth to this threatening email? The short answer is yes. In fact, a violation can result in a $150,000 fine, and it is a very serious problem. And making a website accessible isn’t just making a small change, you need to consider things like visual impairments such as blindness to include color blindness; motor and mobility issues, including things like loss of muscle control and inability to use the hands; auditory issues like deafness and hearing impairments; seizures, like flashing effects and strobe effects; cognitive and intellectual issues like developmental issues and cognitive and intellectual disabilities, as well as conditions such as PTSD that affect how users process information.
This means making your website accessible and usable to tools like screen readers, braille terminals, screen magnification software, speech recognition software, and subtitles.
There are many guidelines involved, and as you can imagine, adding all of this to your current website or a new one can be costly.
Right now, this is a choice your business will have to review and make. Currently, in the U.S., Title III of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability. There is some debate on the matter; multiple courts and the U.S. Department of Justice have taken the position that the ADA requires website and app operators and owners to take affirmative steps to make their websites and apps accessible to disabled persons and compatible with common assistive technologies such as the JAWS screen reader, while other courts have taken the position that the ADA does not apply online.
Numerous lawsuits challenging websites and mobile apps on the basis of the ADA have been filed since 2017. These cases appear spurred by a 2017 case, Gil v. Winn-Dixie Stores, in which a federal court in Florida ruled that Winn-Dixie’s website must be accessible. Around 800 web accessibility cases were filed in 2017, and over 2,200 in 2018. Additionally, though the Justice Department had stated in 2010 that it would publish guidelines for web accessibility, it reversed this plan in 2017, also spurring legal action against inaccessible sites.
A notable ADA-related lawsuit was filed against Domino’s Pizza by a blind user who could not use its mobile app. At the federal district level, the court ruled in favor of Domino’s because the Justice Department had not established accessibility guidelines, but the decision was appealed to the Ninth Circuit. The Ninth Circuit overruled the district court, holding that because Domino’s is a brick-and-mortar store that must comply with the ADA and the mobile app is an extension of its services, the app must also comply with the ADA. Domino’s petitioned the Supreme Court, backed by many other restaurants and retail chains, arguing that this decision affects their Due Process because customers with disabilities have other, more accessible means of ordering. In October 2019, the Supreme Court declined to hear the case, effectively upholding the 9th Circuit’s decision and leaving the case as it stands. (source)
Don’t let your business fall prey to a lawsuit that could have been avoided. Contact SWS today at 540-479-6350 and let’s talk about your options.
We can review your website for compliance and let you know where you stand.
FAQs
ADA compliance for websites refers to making your site accessible to people with disabilities, in line with Title III of the Americans with Disabilities Act. This includes accommodating users with visual impairments, hearing loss, motor disabilities, cognitive disabilities, and seizure sensitivities. In practice it means your site should work with assistive technologies like screen readers, speech recognition software, and braille terminals.
Yes. Thousands of lawsuits related to web accessibility have been filed since 2017, and small businesses are among those targeted. The landmark Domino's Pizza case established that even digital extensions of a physical business — such as a mobile app or website — can be required to meet ADA standards. Fines for violations can reach $150,000, making proactive compliance far less costly than a lawsuit.
Not necessarily a scam in the traditional sense — the legal risk it describes is real. However, some companies use fear of ADA lawsuits as a high-pressure sales tactic to sell compliance services of questionable value. The safest approach is to verify your actual compliance status with a trusted provider rather than responding to unsolicited emails with urgent calls to action.
Full ADA compliance typically involves following the Web Content Accessibility Guidelines (WCAG), which cover things like text alternatives for images, captions for video, keyboard navigability, sufficient color contrast, and compatibility with screen readers. Depending on your current site, achieving compliance may require moderate updates or a more comprehensive redesign. Simply Web Services can assess where your site stands and recommend the most cost-effective path forward.
SWS can review your existing website to identify accessibility gaps and discuss your options — whether that's targeted improvements to your current site or building a new ADA-compliant WordPress website from the ground up. We give you a straight assessment without the scare tactics, so you can make an informed decision that fits your budget and risk tolerance. Call us at 540-479-6350 to get started.
Your website may already be exposing your business to an ADA lawsuit — don't wait to find out
With thousands of ADA-related web accessibility cases filed every year, small businesses are not immune. Simply Web Services can review your website for compliance and walk you through your options — no scare tactics, just honest answers.