--- title: App and Web Accessibility Lawsuits - What's New in 2020 description: Are you a retailer? In California? Using an accessibility widget? Find out the factors putting you at risk for an ADA lawsuit and what to do about it. image: https://blog.usablenet.com/hubfs/7-breakdown.jpg --- - [skip to menu](https://blog.usablenet.com/web-accessibility-lawsuits-whats-new-in-2020#nav) - [skip to content](https://blog.usablenet.com/web-accessibility-lawsuits-whats-new-in-2020#main-content) - [skip to footer](https://blog.usablenet.com/web-accessibility-lawsuits-whats-new-in-2020#footer) Test the accessibility of your website for free! Try UsableNet AQA. [Test now!](https://usablenet.com/automated-accessibility-testing-tool) Close [![UsableNet home](https://blog.usablenet.com/hs-fs/hubfs/SaaS%20Theme/2023%20Header%20and%20Footer/logo.png?width=429&height=62&name=logo.png)](https://usablenet.com/) - [Solutions](https://usablenet.com) ## Solutions [UsableNet Assistive](https://usablenet.com/technology/assistive-technology-services) A managed service combining experts, technology and legal support to make your website accessible [UsableNet AQA](https://usablenet.com/technology/aqa) Accessibility management and testing software for designers, developers, and testers [Accessibility Audits & Support Services](https://usablenet.com/services) Expert guidance and training to empower your team to create accessible digital experiences Explore which of our digital accessibility solutions is right for you [Watch a Demo](https://info.usablenet.com/choose-a-demo?__hstc=181257784.2243d86205d8f41e204908d6f6578263.1725908600455.1737658630173.1737669055746.199&__hssc=181257784.7.1737669055746&__hsfp=3011104808) - [Resources](https://usablenet.com/resources) ## Resources - [E-books & Guides](https://usablenet.com/resources?contentType=E-books%20and%20Guides) - [Case Studies](https://usablenet.com/resources?contentType=Case%20Studies) - [Reports](https://usablenet.com/resources?contentType=Reports) - [Webinars](https://usablenet.com/resources?contentType=Webinars) - [Tools](https://usablenet.com/resources?contentType=Tools) - [All Resources](https://usablenet.com/resources) ## Essential Resources ![](https://blog.usablenet.com/hs-fs/hubfs/SaaS%20Theme/2023%20Header%20and%20Footer/resources-1.png?width=100&height=100&name=resources-1.png) [ADA accessibility lawsuit tracker](https://info.usablenet.com/ada-website-compliance-lawsuit-tracker) ![](https://blog.usablenet.com/hs-fs/hubfs/SaaS%20Theme/2023%20Header%20and%20Footer/resources-2.png?width=100&height=100&name=resources-2.png) [Checklist: how to achieve and maintain digital accessibility](https://info.usablenet.com/digital-website-accessibility-checklist) ![](https://blog.usablenet.com/hs-fs/hubfs/SaaS%20Theme/2023%20Header%20and%20Footer/resources-3.png?width=100&height=100&name=resources-3.png) [Which remediation approach is right for me?](https://info.usablenet.com/website-accessibility-remediation-quiz) ![](https://blog.usablenet.com/hs-fs/hubfs/ADA%20Primer.png?width=100&height=100&name=ADA%20Primer.png) [A Primer on ADA and Digital Accessibility](https://info.usablenet.com/a-primer-on-ada-and-digital-accessibility) The EAA is in Effect — Is Your Website Compliant? [Get Help with EN 301 549 Compliance](https://info.usablenet.com/eaa-en-301-549-compliance) - [Who We Serve](https://usablenet.com/strategic-relationships) ## Industry [E-commerce and Consumer Goods](https://info.usablenet.com/e-commerce-accessibility-solutions) [Food Service and Hospitality](https://info.usablenet.com/-industries-food-service-hospitality) [Banking and Financial Services](https://info.usablenet.com/industries-financial-services) [Healthcare](https://info.usablenet.com/industries-healthcare) [Technology and Business Services](https://info.usablenet.com/-industries-technology-and-business-services) [Public Sector and Education](https://info.usablenet.com/industries-public-sector-and-education) ## Compliance [Canadian Accessibility Laws](https://info.usablenet.com/compliance-canada) [European Accessibility Laws](https://info.usablenet.com/eaa-en-301-549-compliance) [Other International Accessibility](https://info.usablenet.com/compliance-international) [United States Accessibility Laws](https://info.usablenet.com/compliance-united-states) 2026 Midyear report on digital accessibility lawsuits in the US [Download Now](https://info.usablenet.com/2026-midyear-report) - [Pricing](https://usablenet.com/pricing) - [Blog](https://blog.usablenet.com/) - [About Us](https://usablenet.com/about-us) [Get a Demo](https://info.usablenet.com/contact) Close Open Menu - Solutions ## Solutions [UsableNet Assistive](https://usablenet.com/technology/assistive-technology-services) A managed service combining experts, technology and legal support to make your website accessible [UsableNet AQA](https://usablenet.com/technology/aqa) Accessibility management and testing software for designers, developers, and testers [Accessibility Audits & Support Services](https://usablenet.com/services) Expert guidance and training to empower your team to create accessible digital experiences Which accessibility remediation approach is right for me? [Take our Quiz](https://info.usablenet.com/website-accessibility-remediation-quiz) - Resources ## Resources [E-books & Guides](https://usablenet.com/resources?contentType=E-books%20and%20Guides) [Case Studies](https://usablenet.com/resources?contentType=Case%20Studies) [Reports](https://usablenet.com/resources?contentType=Reports) [Webinars](https://usablenet.com/resources?contentType=Webinars) [Tools](https://usablenet.com/resources?contentType=Tools) [All Resources](https://usablenet.com/resources) ## Essential Resources [ADA accessibility lawsuit tracker](https://info.usablenet.com/ada-website-compliance-lawsuit-tracker?__hstc=181257784.2243d86205d8f41e204908d6f6578263.1725908600455.1736198093211.1736205902814.174&__hssc=181257784.1.1736205902814&__hsfp=3011104808) [Checklist: how to achieve and maintain digital accessibility](https://info.usablenet.com/digital-website-accessibility-checklist?__hstc=181257784.2243d86205d8f41e204908d6f6578263.1725908600455.1736198093211.1736205902814.174&__hssc=181257784.1.1736205902814&__hsfp=3011104808) [Which remediation approach is right for me?](https://info.usablenet.com/website-accessibility-remediation-quiz?__hstc=181257784.2243d86205d8f41e204908d6f6578263.1725908600455.1736198093211.1736205902814.174&__hssc=181257784.1.1736205902814&__hsfp=3011104808) [A Primer on ADA and Digital Accessibility](https://info.usablenet.com/a-primer-on-ada-and-digital-accessibility?__hstc=181257784.2243d86205d8f41e204908d6f6578263.1725908600455.1736198093211.1736205902814.174&__hssc=181257784.1.1736205902814&__hsfp=3011104808) The EAA is in Effect — Is Your Website Compliant? [Get Help with EN 301 549 Compliance](https://info.usablenet.com/eaa-en-301-549-compliance?__hstc=181257784.2243d86205d8f41e204908d6f6578263.1725908600455.1736198093211.1736205902814.174&__hssc=181257784.1.1736205902814&__hsfp=3011104808) - Who We Serve ## Industry [E-commerce and Consumer Goods](https://info.usablenet.com/industries-e-commerce-consumer-goods) [Food Service and Hospitality](https://info.usablenet.com/-industries-food-service-hospitality) [Banking and Financial Services](https://info.usablenet.com/industries-financial-services) [Healthcare](https://info.usablenet.com/industries-healthcare) [Technology and Business Services](https://info.usablenet.com/-industries-technology-and-business-services) [Public Sector and Education](https://info.usablenet.com/industries-public-sector-and-education) ## Compliance [Canadian Accessibility Laws](https://info.usablenet.com/compliance-canada) [European Accessibility Laws](https://info.usablenet.com/compliance-europe) [Other International Accessibility](https://info.usablenet.com/compliance-international) [United States Accessibility Laws](https://info.usablenet.com/compliance-united-states) 2026 Midyear report on digital accessibility lawsuits in the US [Download Now](https://info.usablenet.com/2026-midyear-report) - [Pricing](https://usablenet.com/pricing) - [Blog](https://blog.usablenet.com/) - [About Us](https://usablenet.com/about-us) [Get a Demo](https://info.usablenet.com/contact) # App and Web Accessibility Lawsuits - What's New in 2020 **By** [Jason Taylor, Chief Innovation Strategist](https://blog.usablenet.com/author/jason-taylor) on Jul 7, 2020 **Topics:** [ADA Lawsuits](https://blog.usablenet.com/topic/ada-lawsuits) 0 Comments - - - ![2020 Midyear lawsuit breakdown by industry. Retail was the most targeted industry with 76% of all cases. Second was Food Service with 12% of cases. Other industries had 3%, Entertainment and Leisure, Travel and banking and financial each had 2% of all federally filed ADA cases respectively.](https://blog.usablenet.com/hubfs/7-breakdown.jpg) Twice a year, UsableNet releases a lawsuit report to help companies plan and prioritize their digital accessibility initiatives. On July 2, we released our 2020 midyear report.  The highlights of this report include  the emergence of California Federal and State Court filings, the shift from 2.0 to 2.1, the most targeted industries, and the growing trend of lawsuits being filed against websites that use accessibility widgets and overlays. In this blog post, I'll review some of the report's main takeaways and share what factors may putting your organization at risk for a lawsuit.   [For our 2020 Midyear report,](https://info.usablenet.com/2020-midyear-ada-website-and-app-accessibility-lawsuit-report?utm_campaign=2020%20Midyear%20report%20&utm_source=hs_email&utm_medium=email&_hsenc=p2ANqtz-8fDINy_zqlYU6hWgFVEssx-Rd8061m-X2tzQElZ1up-nC9Tu2uN-lMIDupsd55Hu26O_r2) the UsableNet research team monitors all Americans with Disabilities (ADA) lawsuits filed in federal court for cases related to website and app accessibility. This year for the first time we also included data for lawsuits filed in California State Court under the Unruh Civil Rights Act. ## [![Download the full report here >>](https://no-cache.hubspot.com/cta/default/3280432/572294cb-edd6-403d-9f72-969802218b66.png)](https://cta-redirect.hubspot.com/cta/redirect/3280432/572294cb-edd6-403d-9f72-969802218b66) More Legal Action State-filed lawsuits and demand letters are on the rise and more than make up for a slight drop off of cases in Federal Court during lock-down. When we combined the numbers from State Courts, Federal Court, and reports of claim letters, we found that plaintiffs are taking more legal action in 2020 than in years past.  In California, accessibility lawsuits surged due to lawsuits based on the Unruh Civil Rights Act. If you are doing business in California, you face double the risk for receiving a lawsuit.  ![Graph compares the number of lawsuits filed in state court versus the number of lawsuits filed in federal court from the second half of 2019 to the first half of 2020. California Unruh cases filed in state court are depicted with a straight line that starts at the data point of 112 and ends at 316 with no points between. Federal ADA cases are shown as a dotted line that start at the data point of 1117 in the second half of 2019 and end at 972 by the early half of 2020.](https://blog.usablenet.com/hs-fs/hubfs/1-california.jpg?width=600&height=449&name=1-california.jpg) ## The Coronavirus Pause is Over  Coronavirus forced people all over the globe to stay home. Accommodations requested for years by people with disabilities became accommodations that everyone needed.  While businesses and whole industries closed during lock-down, the same can’t be said for plaintiff law firms. New digital accessibility lawsuits continued, albeit at much lower levels, in March. By the end of April, the rate of ADA-based web and app lawsuits filed in federal court returned to its previous record-breaking pace.  ![Bar chart from March 2 - May 11 by week for federal ADA cases. In early March from the second to the 29th, cases average about 43 cases filed each week. The chart shows a significant dip in cases at week 5, March 30- April 5 from 43 cases in week 4 to just 14 cases in week 5. Week 6 has 17 cases; week 7 has 24 cases; week 8 has 12 cases; week 9 rises again to 43 cases a week and week 10, May 4-11 has 49 cases.](https://blog.usablenet.com/hs-fs/hubfs/2-covid19.jpg?width=600&height=425&name=2-covid19.jpg) ## More Mobile App Lawsuits Everyone relies on mobile devices and so lawsuits for mobile apps are increasing. In addition, as part of the Domino's pizza accessibility lawsuit last year, the court ruled that the ADA also applied to the Domino's app, not just the website.  In the past, the DOJ indicated that apps as well as websites are subject to the ADA. The majority of app cases are against companies that had received a website accessibility lawsuit in the past.  ![Design features squares with icons representing industries that use mobile apps, a pizza for restaurants, a shopping card for retail, an airplane for travel and text boxes for communication apps. Text reads: Mobile Apps Take the Stage This is likely driven by the increased use of mobile devices and the inclusion of apps in the Domino's Pizza case. 20% of all Federal ADA digital cases are now claiming apps are inaccessible.](https://blog.usablenet.com/hs-fs/hubfs/4-mobileapps.jpg?width=600&height=270&name=4-mobileapps.jpg) ## A11y Widgets and Overlays Will not stop lawsuits Widgets and overlay vendors claim that their technology will protect clients from lawsuits. However, our research team found nearly 100 companies that were sued in the first six months of 2020 that also had an overlay or an accessibility widget enabled on their website.  For our midyear report, the UsableNet team reviews individual dockets for each case filed in federal court under the ADA. In some of these dockets reviewed, our research team found that features that widget and overlay solutions add to a client website were mentioned as adding to the inequality of the experience, not removing it.  ## ![A control for adjusting accessibility settings overlaps the universal digital accessibility symbol. Text reads: Around 100 Companies received lawsuits after investing in widget or overlays, some lawsuits even listed widget features as an extra burden. Number of lawsuits from January 1st 2020 until June 23rd 2020 for Federal ADA-based suits was 78 and for Unruh-based claims was 18 in California state court.](https://blog.usablenet.com/hs-fs/hubfs/5-widgets.jpg?width=600&height=425&name=5-widgets.jpg) WCAG 2.1 AA is the New Standard The Accessibility Guidelines Working Group recommends that sites adopt WCAG 2.1 as their new conformance target. This year, legal claims more frequently cited WCAG 2.1 AA as the measure of accessibility and the requested standard for remediation. WCAG 2.1 builds on WCAG 2.0, meaning that web pages that are 2.0 compliant may need more testing and work to meet the 12 success criteria that were added in WCAG 2.1 AA. ![An award ribbon with the text WCAG 2.1 AA at the center of it overlaps and is slightly higher in gold than an award ribbon in blue with the text WCAG 2.0 AA at the center. Text reads: OVER 75% of all Federal claims now reference WCAG 2.1 AA, which adds 12 additional success criteria above 2.0 AA.](https://blog.usablenet.com/hs-fs/hubfs/6-wcag21.jpg?width=600&height=274&name=6-wcag21.jpg) ## Retail faces the most litigation The general spread of industries affected by ADA-based Web lawsuits has not changed much over the last two years. Retail tops the list. Retailer websites are easy to visit quickly, public-facing, and technically complex. Often retailers have apps or websites that require frequent updates and code changes. All of these factors add to the risk of ADA noncompliance for any company, regardless of industry. Retailers received more ADA website lawsuits than any other industry so far in 2020.  ## New Players on the Plaintiff Side Historically, we've found a high concentration of cases brought by relatively few plaintiff firms. This year, with more lawsuits in California under the Unruh Act and more lawsuits for mobile apps, we added a few new plaintiff firms to our top ten.  ## What puts you at risk for an ADA Website lawsuit? After 20 years in the accessibility industry, this is one of the questions I get asked the most. Based on our data, certain factors do put you at greater risk.  If you are in in the retail business you are a top target. If you are in California or selling to customers in California, you have double the exposure. Do you have multiple websites or an app? In 2020, we're seeing that both your website and apps are subject to in-accessible legal claims. Have you invested in low cost accessibility widgets or overlays? You're not alone but you also aren't protected from lawsuits. Companies that invested in widgets and overlays are being sued for non compliance with the ADA.  But what really puts you at risk? Doing nothing. You're at risk for a lawsuit if you have a website or app that can't be used by everyone. Don't be afraid to get started.  ## Create your Accessibility Plan The first half of the year brought many changes including a renewed sense of urgency and importance for digital inclusion. In 2020, new plaintiffs, different digital experiences and expanded standards will mean more legal action. The best and most important action a company can take is to establish an accessibility plan, commit to it with resources and start on the path to digital inclusion for all. If you are overwhelmed, the right accessibility partner can guide you.  Our midyear report is here to help as you plan and prioritize your digital accessibility initiative. [![Go to the Report](https://no-cache.hubspot.com/cta/default/3280432/327659fa-4ad4-4e2a-b973-be30ff1b9c86.png)](https://cta-redirect.hubspot.com/cta/redirect/3280432/327659fa-4ad4-4e2a-b973-be30ff1b9c86) ![Jason Taylor, Chief Innovation Strategist](https://blog.usablenet.com/hubfs/Reuploads%20-%20SEO/Jason%20Taylor.png) ### [Jason Taylor, Chief Innovation Strategist](https://blog.usablenet.com/author/jason-taylor) Jason C. Taylor is the Chief Innovation Strategist and Advisor to the UsableNet CEO with over 20 years of experience in usability and accessibility. Jason is a global technology thought leader for multichannel customer engagement, actively advising leading companies on how to extend their brands across multiple channels for all users. He has been an active member of the accessibility and usability communities since 2001, which started with leading partnerships between UsableNet, Macromedia (now Adobe), and The Nielsen Norman Group. - - - - ### Related posts ![Digital Accessibility Lawsuits in 2026: Five Trends Companies Should Know](https://blog.usablenet.com/hubfs/Digital%20Accessibility%20Lawsuits%20in%202026_%20Five%20Trends%20Companies%20Should%20know.png) [Digital Accessibility Lawsuits in 2026: Five Trends Companies Should Know](https://blog.usablenet.com/digital-accessibility-lawsuits-in-2026-five-trends-companies-should-know) Jul 31, 2026 ![The Low-Cost Moves That Strengthen an ADA Website Defense](https://blog.usablenet.com/hubfs/The%20Low-Cost%20Moves%20That%20Strengthen%20an%20ADA%20Website%20Defense.png) [The Low-Cost Moves That Strengthen an ADA Website Defense](https://blog.usablenet.com/the-low-cost-moves-that-strengthen-an-ada-website-defense) Jun 16, 2026 ![The Economics of ADA Website Claims — A Defense Attorney's Perspective](https://blog.usablenet.com/hubfs/1200%20x%20630%20-%20%20The%20Economics%20of%20ADA%20Website%20Claims%20-%20A%20Defense%20Attorneys%20Perspective.png) [The Economics of ADA Website Claims — A Defense Attorney's Perspective](https://blog.usablenet.com/the-economics-of-ada-website-claims-a-defense-attorneys-perspective) May 5, 2026 ![When One ADA Claim Becomes Three](https://blog.usablenet.com/hubfs/1200%20x%20630%20-%20When%20One%20ADA%20Claim%20Becomes%20Three.png) [When One ADA Claim Becomes Three](https://blog.usablenet.com/when-one-ada-claim-becomes-three) Apr 28, 2026 ### Sign Up for the UsableNet Blog ### Recent Posts ![feature image](https://blog.usablenet.com/hubfs/%5BSBM%5D%20Blog%20Images%202023/usablenet-generative-ai-and-accessibility.jpeg) [AI and Accessibility for Ecommerce: What the Tools Really Do and What they Don't](https://blog.usablenet.com/ai-and-accessibility-for-ecommerce-what-the-tools-really-do-and-what-they-dont) Aug 5, 2026 ![feature image](https://blog.usablenet.com/hubfs/shutterstock_144112840.jpg) [Airline Website Accessibility: Comparing Flight Results while Blind](https://blog.usablenet.com/airline-website-accessibility-comparing-flight-results-while-blind) Aug 4, 2026 ![feature image](https://blog.usablenet.com/hubfs/Digital%20Accessibility%20Lawsuits%20in%202026_%20Five%20Trends%20Companies%20Should%20know.png) [Digital Accessibility Lawsuits in 2026: Five Trends Companies Should Know](https://blog.usablenet.com/digital-accessibility-lawsuits-in-2026-five-trends-companies-should-know) Jul 31, 2026 ### Posts by Topic - [Web Accessibility (316)](https://blog.usablenet.com/topic/web-accessibility) - [User Experience (114)](https://blog.usablenet.com/topic/user-experience) - [ADA Lawsuits (46)](https://blog.usablenet.com/topic/ada-lawsuits) - [ADA Website Compliance (39)](https://blog.usablenet.com/topic/ada-website-compliance) - [European Accessibility Act (34)](https://blog.usablenet.com/topic/european-accessibility-act) - [Mobile Web (30)](https://blog.usablenet.com/topic/mobile-web) - [Mobile Apps (28)](https://blog.usablenet.com/topic/mobile-apps) - [Retail (27)](https://blog.usablenet.com/topic/retail) ![](https://blog.usablenet.com/hubfs/Consultation%20Icon.svg) Need to improve digital usability, accessibility or performance? We can help. [Partner with us. Get in touch..](https://usablenet.com/getintouch?hsCtaTracking=34f54ed4-8696-43c9-b740-a3982b4b5d91%7Cf4246c48-bf25-487f-9058-34abb838058e) ## Page Footer ### Have a question? **Contact Us** [Book a Consultation](https://calendly.com/usablenet-accessibility/introduction?month=2025-02) [Watch a Demo](https://info.usablenet.com/choose-a-demo) ### Solutions - [UsableNet Assistive](https://usablenet.com/technology/assistive-technology-services) - [UsableNet AQA](https://usablenet.com/technology/aqa) - [Accessibility Audit & Support Services](https://usablenet.com/services) - [Pricing and Plans](https://usablenet.com/pricing) ### Resource Library - [Blog](https://blog.usablenet.com/) - [E-Books](https://usablenet.com/resources?contentType=E-books%20and%20Guides) - [Case Studies](https://usablenet.com/resources?contentType=Case%20Studies) - [Reports](https://usablenet.com/resources?contentType=Reports) - [Test your website for accessibility](https://usablenet.com/automated-accessibility-testing-tool) - [ADA Monthly Lawsuit Tracker](https://info.usablenet.com/ada-website-compliance-lawsuit-tracker) - [Webinars](https://usablenet.com/resources?contentType=Webinars) - [All Resources](https://usablenet.com/resources?all=true) ### Who We Serve - [Public Sector and Education](https://info.usablenet.com/industries-public-sector-and-education) - [Banking and Financial Services](https://info.usablenet.com/industries-financial-services) - [E-commerce and Consumer Goods](https://info.usablenet.com/industries-e-commerce-consumer-goods) - [Food Service and Hospitality](https://info.usablenet.com/-industries-food-service-hospitality) - [Healthcare](https://info.usablenet.com/industries-healthcare) - [Technology and Business Services](https://info.usablenet.com/-industries-technology-and-business-services) ### Compliance - [European Accessibility Laws](https://info.usablenet.com/compliance-europe) - [United States Accessibility Laws](https://info.usablenet.com/compliance-united-states) ### Company - [About Us](https://usablenet.com/about-us) - [LLM Resources](https://usablenet.com/for-ai-assistants) [Accessibility Support](https://blog.usablenet.com/support)| [Privacy Policy](https://blog.usablenet.com/privacy)| [Accessibility Statement](https://blog.usablenet.com/accessibility-statement)| [Diversity and Inclusion Statement](https://blog.usablenet.com/diversity-and-inclusion)| Accessibility Status | [Technology Patents](https://blog.usablenet.com/technology/patent) ## **Sign Up** for the **UsableNet Blog** Join our mailing list to receive email notifications when we publish a new blog, infographic, whitepaper or newsletter. Stay up-to-date on our insights, the latest tech news and digital trends. ![International Association of Accessibility Professionals logo](https://blog.usablenet.com/hs-fs/hubfs/SaaS%20Theme/2023%20Header%20and%20Footer/IAAP-logo.png?width=150&height=81&name=IAAP-logo.png) © 2026 UsableNet Inc. ![International Association of Accessibility Professionals logo](https://blog.usablenet.com/hs-fs/hubfs/SaaS%20Theme/2023%20Header%20and%20Footer/IAAP-logo.png?width=150&height=81&name=IAAP-logo.png) © 2026 UsableNet Inc. ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Jason Taylor, Chief Innovation Strategist", "url" : "https://blog.usablenet.com/author/jason-taylor" }, "dateModified" : "2023-08-09T18:13:04.780Z", "datePublished" : "2020-07-07T14:12:00.000Z", "headline" : "App and Web Accessibility Lawsuits - What's New in 2020", "image" : [ "https://blog.usablenet.com/hubfs/7-breakdown.jpg" ], "mainEntityOfPage" : { "@id" : "https://blog.usablenet.com/web-accessibility-lawsuits-whats-new-in-2020", "@type" : "WebPage" }, "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://blog.usablenet.com/hubfs/UsableNet%20Logo_Black.png" }, "name" : "UsableNet Inc." } } ``` ```json { "@context" : "http://schema.org", "@type" : "Article", "articleBody" : "Twice a year, UsableNet releases a lawsuit report to help companies plan and prioritize their digital accessibility initiatives. On July 2, we released our 2020 midyear report. The highlights of this report include the emergence of California Federal and State Court filings, the shift from 2.0 to 2.1, the most targeted industries, and the growing trend of lawsuits being filed against websites that use accessibility widgets and overlays.

\n

In this blog post, I'll review some of the report's main takeaways and share what factors may putting your organization at risk for a lawsuit.

\n\n

For our 2020 Midyear report, the UsableNet research team monitors all Americans with Disabilities (ADA) lawsuits filed in federal court for cases related to website and app accessibility. This year for the first time we also included data for lawsuits filed in California State Court under the Unruh Civil Rights Act.

\n

Download the full report here >>



More Legal Action

\n

State-filed lawsuits and demand letters are on the rise and more than make up for a slight drop off of cases in Federal Court during lock-down. When we combined the numbers from State Courts, Federal Court, and reports of claim letters, we found that plaintiffs are taking more legal action in 2020 than in years past.

\n

In California, accessibility lawsuits surged due to lawsuits based on the Unruh Civil Rights Act. If you are doing business in California, you face double the risk for receiving a lawsuit.

\"Graph

\n

The Coronavirus Pause is Over

\n

Coronavirus forced people all over the globe to stay home. Accommodations requested for years by people with disabilities became accommodations that everyone needed.

\n

While businesses and whole industries closed during lock-down, the same can’t be said for plaintiff law firms. New digital accessibility lawsuits continued, albeit at much lower levels, in March. By the end of April, the rate of ADA-based web and app lawsuits filed in federal court returned to its previous record-breaking pace.

\"Bar

\n

More Mobile App Lawsuits

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Everyone relies on mobile devices and so lawsuits for mobile apps are increasing. In addition, as part of the Domino's pizza accessibility lawsuit last year, the court ruled that the ADA also applied to the Domino's app, not just the website.

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In the past, the DOJ indicated that apps as well as websites are subject to the ADA. The majority of app cases are against companies that had received a website accessibility lawsuit in the past.

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A11y Widgets and Overlays Will not stop lawsuits

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Widgets and overlay vendors claim that their technology will protect clients from lawsuits. However, our research team found nearly 100 companies that were sued in the first six months of 2020 that also had an overlay or an accessibility widget enabled on their website.

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For our midyear report, the UsableNet team reviews individual dockets for each case filed in federal court under the ADA. In some of these dockets reviewed, our research team found that features that widget and overlay solutions add to a client website were mentioned as adding to the inequality of the experience, not removing it.

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WCAG 2.1 AA is the New Standard

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The Accessibility Guidelines Working Group recommends that sites adopt WCAG 2.1 as their new conformance target. This year, legal claims more frequently cited WCAG 2.1 AA as the measure of accessibility and the requested standard for remediation. WCAG 2.1 builds on WCAG 2.0, meaning that web pages that are 2.0 compliant may need more testing and work to meet the 12 success criteria that were added in WCAG 2.1 AA.

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Retail faces the most litigation

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The general spread of industries affected by ADA-based Web lawsuits has not changed much over the last two years. Retail tops the list. Retailer websites are easy to visit quickly, public-facing, and technically complex. Often retailers have apps or their websites require frequent updates and code changes. All of these factors add to the risk of ADA noncompliance for any company, regardless of industry. Retailers received more ADA website lawsuits than any other industry so far in 2020.

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New Players on the Plaintiff Side

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Historically, we've found a high concentration of cases brought by relatively few plaintiff firms. This year, with more lawsuits in California under the Unruh Act and more awsuits for mobile apps, we added a few new plaintiff firms to our top ten.
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What puts you at risk for an ADA Website lawsuit?

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After 20 years in the accessibility industry, this is one of the questions I get asked the most. Based on our data, certain factors do put you at greater risk.

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If you are in in the retail business you are a top target. If you are in California or selling to customers in California, you have double the exposure. Do you have multiple websites or an app? In 2020, we're seeing that both your website and apps are subject to in-accessible legal claims. Have you invested in low cost accessibility widgets or overlays? You're not alone but you also aren't protected from lawsuits. Companies that invested in widgets and overlays are being sued for non compliance with the ADA.

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But what really puts you at risk? Doing nothing. You're at risk for a lawsuit if you have a website or app that can't be used by everyone. Don't be afraid to get started.

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Create your Accessibility Plan

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The first half of the year brought many changes including a renewed sense of urgency and importance for digital inclusion. In 2020, new plaintiffs, different digital experiences and expanded standards will mean more legal action.

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The best and most important action a company can take is to establish an accessibility plan, commit to it with resources and start on the path to digital inclusion for all. If you are overwhelmed, the right accessibility partner can guide you.

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Our midyear report is here to help as you plan and prioritize your digital accessibility initiative", "author" : { "@type" : "Person", "name" : "Jason Taylor" }, "datePublished" : "2020-07-07", "image" : "https://blog.usablenet.com/hubfs/7-breakdown.jpg", "name" : "App and Web Accessibility Lawsuits - What's New in 2020", "publisher" : { "@type" : "Organization", "name" : "UsableNet" }, "url" : "https://blog.usablenet.com/web-accessibility-lawsuits-whats-new-in-2020" } ```