This blog is a summary of UsableNet's November 19th Webinar, Ecommerce ADA Strategies for 2021, Watch the recording in full here.
At least 1 billion people around the world have some level of vision impairment, and many may rely on assistive technology devices like screen readers to access websites and apps.
With an increased reliance on business’s websites in the modern world, the ADA has expanded to cover a business’s site, too, and with e-commerce sales projected to grow up to 35% this holiday season, you want to be ready… especially if you are a retailer, 76% of all ADA lawsuits filed in the first six months of 2020 were filed against retailers.
In this post, we’re going to look at everything that e-commerce businesses need to know about ADA lawsuits moving into 2021, including how to best protect themselves.
The ADA’s goal is to eliminate all accessibility barriers in places of “public accommodation.”
According to Title III of the ADA, people with disabilities must have full access to places of “public accommodations.” This law covers brick-and-mortar establishments, such as restaurants, movie theaters, gyms, retail shopping, and more. Websites and apps are part of this.
In addition being sued more than any other industry, our own data shows the following trends are likely to impact retailers:
There are a number of reasons why retailers receive the most lawsuits:
ADA claims are typically brought by a blind individual who could not complete general tasks, which may be specific or vague.
These claims will typically come with a demand for remedy (aka to fix the site), along with a list of legal fees and damages if it’s filed under the Unruh act. There are no damages associated with the ADA.
After you receive a claim, you’ll want to do the following immediately:
If your company lacks an accessibility policy or statement that’s published online, you may be more likely to be hit with an ADA lawsuit. Here's how to craft an accessibility statement right now if you don't have one already.
Your best legal defenses will include the following:
ADA lawsuits and claim letters are plaguing businesses in the E-Commerce industry, so if you haven't already received a claim, your best defense if to get proactive.
A few steps to take right now as you prepare for 2021:
Most importantly, you want to remediate your websites and apps to ADA/WCAG 2.1 compliance and even through code changes, new releases, and other business shifts, plan to maintain accessibility on all your digital assets.
To learn more about inclusive design and other web and app accessibility topics, check out our Roadmap to Digital Inclusion.