This webinar explores the trends they uncovered, and how organizations can learn from rulings in these lawsuits to ensure their websites are accessible.

1. WHAT WE CAN LEARN ABOUT WEB
ACCESSIBILITY FROM 2,285 ADA
LAWSUITS

2. Introductions
A look at the Current Legal Landscape
Trends by Industry Priority
How Lawsuits are brought forth and settled
Best Practices for Web Accessibility
Agenda
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01
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3. GLOBAL ENGAGEMENTS
500
WORLDWIDE CLIENTS
350+
EMPLOYEES
200+
LOCATIONS
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UsableNet founded in 2000
INDUSTRY FOCUS
Airlines, Travel, Retail, Education & Universities,
Healthcare, Financial
FULL SERVICES OFFICES
New York, LA, Austin
London
AWARDS
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Introductions: Who is UsableNet?

4. DOJ Failed to Clarify ADA
Standards for Web
ADA and Web Accessibility – The DOJ Effect
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DOJ joined many private
cases since 2000 on the
side of Plaintiffs, such as
the American Federation of
the Blind, to establish that
Web Sites and Apps were
subject to the ADA and
settlements agreed included
damages and remedy of to
make sites WCAG
conforming. At the end of
2017 they suspended
moving forward with ADA
specification leaving a void
filled by new law suits.
2000 –
2015
2015 2016 2017 2018 2019
DOJ ADA Web
Settlements
222 46 4 2 0 0
ADA Web Accessibility
Related Law Suits
0 57 262 814 2282 2000+

5. Trends in ADA Web Accessibility Lawsuits
 More than 2,200 cases in 2018, a 181% increase
over 2017
 New York and Florida have the most
 There is an industry pattern
 Defending lawyers versus plaintiff lawyers

6. Why Retail, Food Service, Travel and Banking are
the most targeted industries
 Easy to visit and experience if a site or app is
accessible or not
 Existing DOJ settlements that clearly confirm that
companies like these need to be accessible
 Difficult sites to maintain to WCAG 2.0 standards
(complex functionality)
 Multiple sites and Apps
 History of ADA related suits in the physical world so
plaintiff law firms familiar with landscape.
 Larger Web and App Budgets so more likely to have
funds to pay.

7. • One individual identify issues with one Website
• List of general issues found on the current site
• Declaration that key features not available to user
• Typically a Blind individual utilizing Screen Reader technology
• An ADA related suit with reference to the WCAG 2.0 AA as standard
Examples of Typical Lawsuit Contents
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8. • An external counsel may be hired
• A request for an extension may be filed
• First call with opposing counsel
• Initial defense position to establish negotiation
• Agree to a settlement or decide to defend via courts
• Over 95% of suits are settled
• Settlement can include plaintiff costs and agreement to remediate
What to Expect after Receiving a Lawsuit
(Typically)
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9. • Between one plaintiff and one site or one app (nearly always)
• Provides company with two years to remedy (nearly always)
• Remedy current site or app to WCAG 2.0 AA (nearly always)
• Publish a Web Accessibility Statement (nearly always)
• Test with Disability Community (sometimes)
• Publish Accessibility Statement (sometimes)
• Continue to test and engage 3rd party company to verify (sometimes)
Examples of Typical Settlement Contents
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10. Where is your Brand with regard
Accessibility (A11y)?
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Responding
to Legal
Requests
Remediating
Existing Sites and
Apps
Building A11y into
Every New Project

11. Best Practices for Web Accessibility
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 Review and Remediate Top
Level Pages, Navigations,
Header Footer
 Create and Publish
Accessibility Statement
SHORT TERM
Reduce Legal Risk
 UsableNet Assistive for
Immediate remediation of
current site
 UsableNet AQA to Design
and Build New
or Update Features
and Templates
MEDIUM TERM
Remediate Sites & Apps
 Screen Reader Monitoring
 Monthly
Accessibility QA
 User Testers (Disabled)
 Training
(Dev, UX, QA, PM)
LONG TERM
Maintain and Document

12. Thank You
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