Avoiding ADA Website Compliance Lawsuits: Understanding Troll Litigation and Proactive Measures

In recent years, businesses have faced a surge in ada website compliance lawsuits filed by plaintiffs alleging violations of the Americans with Disabilities Act (ADA). These lawsuits, often referred to as "troll lawsuits," target companies for failing to meet accessibility guidelines on their physical premises or websites. Understanding how these ada website compliance lawsuits operate and taking proactive measures can help businesses minimize the risk of being targeted.

Troll lawsuits exploit ambiguities in the ADA, claiming that individuals with disabilities are denied access to a business's services due to non-compliance with accessibility standards. Plaintiffs do not need to prove actual harm; they merely need to allege that they could not access the accommodation. For example, a person with a disability who finds a bathroom sink too low in a hotel or restaurant can file an ada website compliance lawsuit based on this minor violation.

Companies often receive no prior notice before being served with a complaint initiating the lawsuit. The ambiguities in the ADA and the fact-intensive nature of such cases make it difficult for businesses to quickly resolve the matter. Plaintiffs are aware that companies face a dilemma: settle the case or incur significant attorney's fees to prove their innocence. This knowledge motivates plaintiffs to file numerous ada website compliance lawsuits, increasing the likelihood of receiving settlement amounts.

One notorious example of troll litigation involved an attorney from Arizona who filed nearly 2,000 cases in two years, targeting businesses for trivial violations such as slight variations in handicap accessibility sign heights. The Arizona Attorney General's office intervened, seeking the dismissal of over 1,000 cases and sanctions against the attorney. Although the court dismissed the lawsuits and granted sanctions in some cases, many businesses had already paid settlement fees to avoid the threat of ada website compliance lawsuits.

To minimize the risk of being targeted by ada website compliance lawsuits, businesses should ensure compliance with the ADA Accessibility Guidelines (updated in 2010) and the Web Content Accessibility Guidelines (WCAG 2.1). Conducting internal audits and addressing any major non-compliance issues is a crucial first step. Engaging professional architects, contractors, and IT firms can help businesses achieve full compliance with the necessary guidelines.

For physical barriers, companies should conduct audits using the ADA guidelines to confirm compliance. Potential litigants are more likely to pass over businesses that meet these requirements. To avoid ada website compliance lawsuits related to online presence, businesses can take the following steps:

1. Post an accessibility policy on the footer of the main website page.
2. Provide accessible alternatives, such as a staffed telephone line or online chat function.
3. Regularly audit primary webpages using various screen readers, operating software, and hardware.
4. Designate an accessibility coordinator within the organization.

By understanding the tactics of troll litigation and taking proactive measures to ensure compliance with accessibility guidelines, businesses can significantly reduce the risk of becoming targets of ada website compliance lawsuits. Investing in compliance not only protects companies from legal action but also demonstrates a commitment to providing equal access to individuals with disabilities.

Here are some examples of successful compliance strategies that small businesses can implement to minimize the risk of ada website compliance lawsuits:

1. Conduct a comprehensive accessibility audit: Small businesses should engage an accessibility expert or use online tools to perform a thorough audit of their website and physical premises. This audit will identify any areas of non-compliance with the ADA Accessibility Guidelines and Web Content Accessibility Guidelines (WCAG). By addressing these issues proactively, small businesses can reduce the likelihood of being targeted by ada website compliance lawsuits.
2. Develop an accessibility statement: Small businesses should create an accessibility statement that outlines their commitment to providing equal access to individuals with disabilities. This statement should be prominently displayed on the company's website and include contact information for users to report any accessibility issues they encounter. Having a clear accessibility statement demonstrates a proactive approach to compliance and can deter potential plaintiffs from filing ada website compliance lawsuits.
3. Implement accessible design practices: Small businesses should prioritize accessible design when developing or updating their website. This includes using clear, descriptive headings, providing alternative text for images, ensuring adequate color contrast, and making sure the website is navigable using a keyboard. By following the WCAG guidelines and incorporating accessible design practices, small businesses can create a more inclusive online presence and reduce the risk of ada website compliance lawsuits.
4. Provide accessibility training for employees: Small businesses should educate their employees about accessibility guidelines and best practices. This training should cover topics such as assisting customers with disabilities, understanding the importance of accessibility, and identifying potential barriers. By fostering a culture of awareness and inclusivity, small businesses can better serve their customers and minimize the risk of ada website compliance lawsuits.
5. Establish a process for handling accessibility complaints: Small businesses should have a clear process in place for receiving and addressing accessibility complaints from customers. This process should include designating a specific point of contact, such as an accessibility coordinator, to handle these complaints promptly and professionally. By demonstrating a commitment to resolving accessibility issues, small businesses can build goodwill with their customers and reduce the likelihood of ada website compliance lawsuits.
6. Regularly review and update accessibility measures: Small businesses should treat accessibility as an ongoing process rather than a one-time fix. Regular reviews of the company's website and physical premises can help identify any new barriers or areas of non-compliance. By staying up-to-date with the latest accessibility guidelines and technologies, small businesses can maintain a high level of compliance and minimize the risk of ada website compliance lawsuits.

By implementing these successful compliance strategies, small businesses can proactively address accessibility issues, provide equal access to individuals with disabilities, and reduce the risk of being targeted by costly and time-consuming ada website compliance lawsuits. Investing in accessibility not only protects businesses from legal action but also demonstrates a commitment to inclusivity and customer service.