With this presentation, explore the DOJ Effect on ADA Web Accessibility along with the latest trends in ADA Web Accessibility Lawsuits. You'll find out why Retail is the most targeted industry and what we predict for 2019. We can also help companies learn what to expect after receiving a lawsuit and the practical steps to mitigate the risk of litigation targeting your business! To download the full 2018 infographic discussed in the presentation, click here: https://info.usablenet.com/2018-ada-web-accessibility-lawsuit-recap-report For more information email us - contact@UsableNet.com

1. ADA Web Accessibility
Lawsuits

2. Agenda
• ADA and Web Accessibility - The DOJ Effect
• Trends in ADA Web Accessibility Lawsuits 2018
• Why Retail, Food Service, Travel and Banking are the
most targeted industries
• Latest 2019 Data and Predictions
• Examples of Typical Lawsuits from Real Cases
• What to Expect after Receiving a Lawsuit
• Examples of Typical Settlements
• Practical Steps to Mitigate Risk of Litigation
• Q&A

3. Polling Question:
What role do you play in planning or managing Web/App accessibility?

4. ADA and Web Accessibility - the DOJ Effect
In Jan 2019, the Ninth Circuit panel stressed in it’s ruling, … “at least since 1996,
Domino’s has been on notice that its online offerings must effectively
communicate with its disabled customers and facilitate ‘full and equal enjoyment’
of Domino’s goods and services.”
2000- 2016 2015 2016 2017 2018
DOJ ADA
Web
Settlements
222 46 4 2 0
ADA Web
Accessibility
Related Law
Suits
0 57 262 814 2282
DOJ Failed to Clarify ADA Standards for Web

5. ADA and Web Accessibility –
What has not been established due to DOJ’s withdraw of
Web Accessibility Standards in Title III of ADA
• What is an online offering?
• What is "full and equal enjoyment“?
• What is the technical standard and level and test?
• What timeframe does a company have to achieve accessibility?

6. Trends in ADA Web Accessibility Lawsuits 2018
• 2,200 cases in 2018, a 181% increase over 2017
• New York and Florida have the most plaintiffs
• The effect is nationwide and international
• There is an industry pattern
• Defending lawyers versus plaintiff lawyers
New Trend in 2018 - Companies Sued Multiple Times
• 20% of all cases in 2018 listed companies that had previously faced litigation
• In retail that rose to 24%
• Some retail companies were sued more than 7 times over the past two years

7. 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.

8. Polling Question:
Have you tested the accessibility of your company’s or clients website?

9. Latest Jan 2019 Data
• Jan 2019 - 242 Cases, up from 118 in Jan 2018
• Companies sued multiple times
• 34 Companies facing repeat charges in Jan 2019 alone
• Art galleries in January (40), continued from December
• Banking/Financial industry increasing
• First Celebrity Fan Websites (Rihanna, Beyonce and Taylor Swift)
2019 Predictions
• Increase in number of suits (plaintiff and winning)
• Companies with both web and physical presence - Galleries, Apartments
• Still Web Site focused not Apps
• More Suits than Demand Letters

10. Examples of typical lawsuit contents
• 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

11. What to Expect after Receiving a Lawsuit
(Typically)
• 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

12. Examples of Typical Settlement Contents
• 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)

13. Polling Question:
Do you or client have an accessibility
statement on your website?

14. Practical Steps to Mitigate Risk of Litigation
• Create a Plan and start communicating it Immediately
• Involve stakeholders
• Involve legal
• Start Accessibility Remediation
• We do it with UsableNet Assistive
• You do it with UsableNet AQA
• Involve members of the Disability community
• Involve staff, community, customers
• UsableNet and others such as AccessNow, NFB can help organize
• Maintain Accessibility
• Automate what you can
• Test with Screen Readers

15. Contact Us
+1.212.965.5388
contact@usablenet.com
Request the Full ADA Report
https://info.usablenet.com/2018-ada-web-accessibility-
lawsuit-recap-report