ADA Compliant Website Lawsuits

Last year there were 2,000 lawsuits (or over 10,000 according to an ADA attorney firm) filed against company websites. Our team is currently fully focused on meeting this threat head-on, we are prepared to apply the changes needed to help protect you from these unscrupulous lawsuits.

Keep in mind we strive to ensure that our websites are accessible to everyone, we don't want to exclude anyone from accessing a website due to a handicap. However these lawsuits have very little to do with actual accessibility.

You can read about a few of the lawsuits:

The lawsuits usually settle for small but painful amounts, around $10,000-$30,000. We know the problem is growing rapidly. There is no law that governs commercial websites ADA compliance, however there are suggested guide lines and companies that don't follow the WCAG 2.1 guidelines are getting sued. The rules are confusing, difficult to measure and tough to implement. But the only way to avoid a lawsuit is to make your site as compatible as possible.

At Pritchard Websites we have extensive experience in Website ADA Compliance, so we are offering answers to the 6 most asked questions.

ADA Website Compliance Answers

1) Do the ADA requirements apply to my organization?
Most likely yes. There are a few exclusions - which may, or may not apply. Due to recent district court rulings I would not guarantee anyone that they are exempt. Title 3 applies to organizations with brick and mortar "store fronts or facilities". Therefore it would be reasonable to assume that if you don't have a publicly accessible building these lawsuits would not apply to you. That assumption is incorrect, at least in half the district courts - Those courts decided the internet "is a physical location".

Federally Funded
Thanks to two updates to Section 508 all federal agencies and any bodies that accept federal funding are required to make their technology accessible to people with disabilities. This is based on the Rehabilitation Act of 1973 which is America’s oldest accessibility-related legislation. Read more here and here.

2) I was told I was exempt because I don't have many employees?
There is some confusion on this, the reference to employers is in Title 1 of the ADA - These lawsuits are happening under Title 3.

3) How can I protect myself and my business?
Out of the thousands of lawsuits we are all very fortunate that the Dominos lawsuit went to the Supreme Court. Dominos represents an industry that has historically been driven by call-in orders. Therefore it seems apparent that this lawsuit had nothing to do with ordering a pizza as a phone call would have served that purpose.

We believe the lawsuits sweeping the nation are driven by unscrupulous attorneys using disabled people. Common sense accommodations for the disabled will not protect you.

4) So I only need to make my website accessible to blind people?
No. Title 3 of the ADA also applies to:

  • Visually impaired people (those that want to read your website but can't see as well as most people).
  • The deaf.
  • Brain damaged people and those with cognitive disorders (8th grade comprehension).
  • Physically handicapped people (that can only navigate a website with something like head bumps).

5) What is this going to cost my organization?
The process of making a website ADA Compliant is confusing, complicated and unclear - But the good news is for most businesses the goal is not actually ADA Compliance but to avoid a lawsuit. So your path forward depends on the risk level at which you are comfortable. The average cost of these types of lawsuits is $10,000 plus the cost of then making your website ADA Compatible.

There are many services you can use for ADA Compliance. What adds to the confusion level of this entire issue is that none of those services actually make your website ADA Compliant. After researching many services and websites of companies previously sued we can understand why such a large percentage of the businesses that are sued once, are sued again. As we investigated the commercial solutions available one thing was consistent: none were actually ADA compliant. These services don't work.

So if you have a high tolerance for risk you can pay for one of the $99 per month ADA Compatible services. However those services will leave you nearly completely exposed for a lawsuit.

There is no quick and easy solution for ADA Compliance. You can get a small, partial test of your website by clicking here -

ADA Compliance with our company can cost $1500 to $3000 or more, depending on the amount of content on your website. Our price is much more reasonable than other companies, partly due to our lower hourly rate and partly due to our copious experience in website ADA Compliance. We use a four-step process to make your website ADA Compatible to the greatest extent possible.

6) Can I just wait until the government steps in and solves this problem?
The government already failed to protect us. There was a bi-partisan bill - introduced in 2017 to limit ADA physical barrier lawsuits. This amendment would have made it mandatory for the disabled person to state how they were barred from entering/using a facility or store. Plus it would give a business 60 days to respond to the complaint. It sailed through the House of Representatives and moved to the Senate. Then the ACLU - and the disabled persons PAC got involved. In a vote in the Senate the measure was killed along party lines - Therefore we are still seeing this wave of lawsuits.

This is why businesses organized behind the Dominos lawsuit to hopefully get clarification (and relief) through the Supreme Court. We definitely got clarification, during all our research we have not found any business that has ever won an ADA website lawsuit.

ADA Website Compliance Assistance

If you have questions about your organizations liability for an ADA non-compliant website or if you need help getting your website protected give us a call or text today, 951.970.6172 or email