The Wall Street Journal recently released an article highlighting the current state of web accessibility lawsuit filings. Drawing from conversations with legal experts from both plaintiff and defendant firms, accessibility specialists, advocates, and individuals who have faced web accessibility lawsuits, the piece delves into the significant financial risks companies encounter if they fail to ensure their websites are accessible.
Through examples of settlement and remediation costs, the article underscores why prioritizing web accessibility is crucial.
All quotes come directly from the Wall Street Journal Article: The Law Firm Hitting Businesses With Thousands of Disability Suits.
Web Accessibility Lawsuits
`“These cases have exploded on the dockets over the last several years,”` - Stein from defense firm Stein and Nieporent.
We’re on track for more than 4,000 digital accessibility lawsuits again this year. The Wall Street Journal describes the filing of disability lawsuits as a “cottage industry,” pointing out that a small portion of plaintiffs and plaintiff firms file most of these lawsuits:
"The lawyer for the plaintiff in this case, Edward Kroub, is one of several opportunistic lawyers in the New York City area who files these kinds of cases en masse,' wrote the lawyer, David Stein. “[T]heir rampage has continued into the new year, including another 7 cases filed today! Totally insane!”`
Data from UsableNet's 2024 Midyear Report on digital accessibility lawsuits.
Leading the way is Mizrahi Kroub, a plaintiff firm that filed more than 25% of the total digital accessibility lawsuits in 2023.
`Mizrahi said he isn’t sure how many website cases his firm has filed. “There are millions of websites that are not accessible,” he said. “If you say my number is 3,000, I’m probably not doing enough.”`
Accessibility Lawsuits targeting all businesses
The article highlights a key point: accessibility lawsuits can target any business, regardless of size. This widespread risk emphasizes the importance of compliance for all website owners.
`The growth of this ecosystem reflects, in part, the structure of the ADA, which largely relies on private parties, not the government, to make sure that businesses and others are complying with its provisions. It also highlights the challenges facing small businesses, which might not be aware of web-accessibility requirements or know how to meet them.`
Data from UsableNet's 2024 Midyear Report on digital accessibility lawsuits.
While any company can receive a digital accessibility lawsuit, our 2024 Mid-year report found that 75% of lawsuits filed were against companies making less than $25 million. Small businesses need to ensure they're actively monitoring their accessibility efforts.
The Practical Costs of Inaccessible Website
Legal Costs
`The demands are priced at less than it would cost to respond to the complaint. That’s the business model,” said Peter Brann, a lawyer in Lewiston, Maine.`
Companies must often bear significant legal expenses to hire attorneys and defend against accessibility lawsuits. These costs can be substantial and impact the company's financial stability. The article shows us two companies that went through the legal process and the fees they had to pay: Electric Bike, a bicycle company, and Extract Labs, which makes and sells CBD products. Both companies spent more than $40,000 on legal fees alone.
“The bicycle company spent roughly $46,000 in legal fees, Kraft said. Updating its websites cost another $13,000. “Some days, I feel like I should have settled,” he said.”
Settlement fees might even be close to what it would take to dismiss the case. Kramer Knives, a company that handcrafts knives, got their case dismissed, but after legal fees, they only paid $4000 less than what Mizrahi Kroub offered to settle.
“Mizrahi Kroub offered to settle the case, filed in New York Supreme Court in Queens, for $20,000, Kramer said. It later agreed to dismiss the lawsuit. Kramer said he spent about $16,000 in legal fees and $3,000 on his website.”
The Wall Street Journal article highlights these costs and emphasizes the importance of proactive website accessibility measures. As an active member of the accessibility community for over twenty years, I strongly advocate that companies take proactive measures.
If you've ever attended one of my webinars, you'll recognize my go-to list of measures you can take right now to safeguard your business from lawsuits and support accessibility and inclusion; in brief, they are:
- Engage with accessibility experts.
- Use comprehensive testing tools- UsableNet AQA has a free version and is best in class
- Prioritize your accessibility remediation efforts.
Want to Learn More About Proactive Accessibility Measures?
Watch our on-demand webinar, "How a Blind Person Uses a Website," to gain firsthand insights into the challenges and solutions for creating accessible digital experiences. This live session will provide practical advice on how to avoid legal risks and support inclusivity. Register now to view the webinar instantly.
