Question 1

What is an ADA lawsuit?

Accepted Answer

An ADA lawsuit is a lawsuit filed against a person or organization for violating the American Disabilities Act (ADA), a law that bans discrimination against people with disabilities. Businesses with 15 or more employees, labor unions, and state and local governments must meet standard regulations dictated by the ADA. Businesses that do not follow these protocols leave themselves vulnerable to expensive lawsuits.

Question 2

How many ADA lawsuits were filed in 2021?

Accepted Answer

In 2021, 4,055 ADA-related lawsuits were filed—an increase of more than 500 compared to 2020. There were more than 10 ADA-based cases per day in 2021, which was a 15 percent increase from 2020. These instances included lawsuits filed in both federal and state courts (e.g., in California under the Unruh Act).

Question 3

What happens if your website isn't ADA-compliant?

Accepted Answer

If your app, website, and digital properties (e.g., videos, documents, PDFs) do not adhere to ADA guidelines, they are considered discriminatory against people with disabilities. This could lead to expensive fines or ADA lawsuits that may harm your company’s reputation.

Question 4

How do you defend against an ADA lawsuit?

Accepted Answer

To protect yourself against an unwanted ADA lawsuit, make sure to address claims as soon as possible. The demand letter or a complaint should include the ADA or state law violations allegedly committed by your organization. Updating your site to WCAG 2.1 standards, developing an accessibility policy, undergoing user testing, and working with a third-party consulting firm can protect your business from ADA lawsuits in the future.

Question 5

What is UsableNet’s claim review process?

Accepted Answer

UsableNet has more than 20 years of experience helping businesses become more inclusive to people with disabilities. Our claim review process includes the following steps:

1. We review all claim documentation.

2. We check to see if the specific issues cited in the claim are present. If they’re not, we perform a second review to see if the issues have been remediated.

3. We perform a high-level accessibility review of websites, apps, or digital content for the primary user journeys through your website or app.

4. We communicate testing results to the client, along with all relevant experience we have to support a response.

5. We review and provide feedback on any issues or questions that arise as dialogue continues with the plaintiff.

Question 6

What are some questions you should ask a website accessibility team?

Accepted Answer

When working with a professional website accessibility team, it can be helpful to ask the following questions:
1. How quickly can you remediate accessibility issues?
2. What type of accessibility issues demand immediate attention?
3. Can I fix these issues myself?
4. How can I incorporate accessibility into my company’s culture?
5. How can I ensure that my website, app, and digital properties (e.g., videos and photos) are always accessible?
6. Can I get into legal trouble if my website isn’t accessible?

ADA Accessibility Lawsuit Tracker: Final Numbers for December 2022

Get notified with next month’s numbers!

The UsableNet Research Team Monitors and Documents all Digital Accessibility-Related Lawsuits Filed Each Month.

Number of Cases - December 2022

Download our Year-End report to see all the digital accessibility news for 2022

UsableNet’s Best Resources to Help Defend Against ADA-Based Digital Accessibility Claims

Resources from Around the Web on the Litigation Landscape for ADA Digital Accessibility Lawsuits

Our 2022 Year-End Report is available for download