---
title: "E-Commerce & The ADA: Everything You Need to Know for 2021"
description: What E-commerce businesses need to know about ADA lawsuits moving into 2021
---

[Blog | UsableNet](https://blog.usablenet.com)

# [E-Commerce & The ADA: Everything You Need to Know for 2021](https://blog.usablenet.com/e-commerce-the-ada-everything-you-need-to-know-for-2021)

 Written by [UsableNet](https://blog.usablenet.com/author/usablenet-1) | Nov 24, 2020 9:50:00 PM

This blog is a summary of UsableNet's November 19th Webinar, Ecommerce ADA Strategies for 2021, [Watch the recording in full here.](https://info.usablenet.com/on-demand-e-commerce-ada-strategies-for-2021)

At least 1 billion people around the world have [some level of vision impairment](https://www.who.int/news-room/fact-sheets/detail/blindness-and-visual-impairment), and many may rely on [assistive technology devices like screen readers](https://blog.usablenet.com/how-blind-people-use-websites) 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.

## Why ADA Compliance for E-Commerce? 

The ADA’s goal is to eliminate all accessibility barriers in places of “public accommodation.”

According to [Title III of the ADA](https://www.ada.gov/ada_title_III.htm), people with disabilities must have full access to places of “public accommodations.” This law covers brick-and-mortar establishments, such as [restaurants](https://info.usablenet.com/webinar-how-the-ada-applies-to-your-restaurant-website-and-apps), movie theaters, gyms, retail shopping, and more. Websites and apps are part of this.

## 2020 ADA Lawsuit Trends Impacting Retailers Most

In addition being sued more than any other industry, our own data shows the following trends are likely to impact retailers:

- Almost 25% of lawsuits are repeats to the same business
- 20% of lawsuits in 2020 address accessibility of apps
- Websites using [“accessibility” widgets and overlays](https://blog.usablenet.com/inclusive-accessibility-crushes-widgets-and-overlays) are being sued
- [WCAG 2.1 is the new standard](https://blog.usablenet.com/what-is-wcag-2.1-and-why-you-should-adopt-it-asap) cited in ADA lawsuits in 2020

## **WhY Retailers  Receive the Most ADA lawsuits**

There are a number of reasons why retailers receive the most lawsuits:

- Websites and apps are easy to visit, and determine if accessibility is functional or not
- Existing DOJ settlements clearly confirm that retailer sites *must* be accessible
- Many ecommerce sites use complex functionality so it can be difficult to [maintain to WCAG 2.1 standards](https://blog.usablenet.com/5-wcag-best-practices-for-maintaining-web-accessibility)
- Many retailers have multiple websites and/or apps

- There’s already a long history of ADA lawsuits against retailers for accessibility in the physical world

## What to Expect When You Receive a Claim

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:

- Notify your insurance carrier immediately; EPL and possibly D&O can help protect you
- Retain counsel to maintain privilege
- Have a vendor run a scan to see if the complaint is accurate or if there’s potential for settlement

## Best Legal Defenses

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](https://blog.usablenet.com/when-and-how-to-write-an-accessibility-statement-and-policy-blog) right now if you don't have one already. 

Your best legal defenses will include the following:

- Work with counsel to develop defenses to ADA litigation to determine whether to fight or not
- You can look for a moot claim, or seek remediation instead of a lawsuit (refer to [Diaz v. Kroger](https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2018cv07953/500180/35/))
- If the suit isn’t accurate, can’t prove actual “injury,” or lacks specificity, you can try to have the case thrown out (refer to [Mendez v. Apple Inc.](https://www.lexisnexis.com/community/case-opinion/b/case/posts/mendez-v-apple-inc))

## Final Thoughts: How to Reduce Your ADA Lawsuit Risk

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: 

- Publish an accessibility policy on your site
- Have an experienced vendor audit your site, including contracting blind users to test your site thoroughly
- Assess your website against the WCAG 2.1  
  Consider accessibility early in the design phase, if you can

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](https://info.usablenet.com/ada-compliance). 

*To learn more about inclusive design and other web and app accessibility topics, [check out our Roadmap to Digital Inclusion](https://info.usablenet.com/web-and-app-accessibility?__hstc=233546881.25484412c3db136354d46abf59af2195.1605020687236.1605020687236.1605020687236.1&__hssc=233546881.1.1605020687237&__hsfp=1163454252).*

[View full post](https://blog.usablenet.com/e-commerce-the-ada-everything-you-need-to-know-for-2021)

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