ADA Compliance for the eCommerce Industry

What You Need to Know about ADA Compliance

Even though the Americans With Disabilities Act (ADA) is one of the most comprehensive and complex pieces of civil rights legislation ever signed into law by the United States Government, it can be most easily summed up using one word: accessibility. The ADA requires that the benefits of public life are accessible to all Americans, no matter their physical capability. That means wheelchair ramps on government buildings and businesses with a public location. It means automatic door openers and braille options on signage. It also means that businesses with a public website should have options for differently-abled Americans.

Web accessibility is a set of rules, behaviors, code standards and design guidelines that are meant to allow people with disabilities to effectively use websites. This includes blindness and color blindness, motor and mobility disabilities, blurred vision, epilepsy, cognitive disorders and more. In order to achieve this, the Web Content Accessibility Guidelines were created to help explain and provide guidelines for developers on ways to make websites accessible. These guidelines have been adopted by governments and legislations all around the world, including the ADA and Section 508.

Here at 1Digital®, we’re experts in ADA compliance for eCommerce websites. We’ve seen eCommerce businesses around the country hit with lawsuits for failure to meet ADA compliance guidelines, and we’re committed to protecting our clients from that legal risk. Our developers and project managers are well-versed in the most up to date WCAG 2.0 guidelines that will keep your site compliant with the law, protected from legal risk, and better designed for all kinds of potential customers.

Read more in our ADA Compliance blog post.

Why ADA Compliance is Important

In recent years, there have been a growing number of website accessibility lawsuits. Plaintiffs bring these claims to federal court under Title III and in some cases under state and local government laws. In 2017, the number of ADA cases was at 815. In 2018, that number increased to 2,285. In the first half of 2019, the numbers of cases have increased by 51.7%, on pace for a record-breaking number of cases that could surpass over 3,200.

The reason for this increase in lawsuits is because more is happening online. The ADA was enacted in 1990 as a way to prohibit discrimination in locations open to the public, also known as public accommodation. As internet use has grown, lawsuits emerged arguing that websites were also considered places of public accommodation.

A recent lawsuit that gathered a lot of attention involved Domino’s Pizza. For three years, Domino’s was locked in a web accessibility lawsuit that was eventually appealed to the Supreme Court. The Supreme Court decided to leave the ruling of the lower court in place that the Domino’s website must be complying with the ADA. This particular ruling sets a precedent for all websites to be accessible.

Web Accessibility and ADA Compliance: Exponential Increase in Litigation

lawsuits and demand letters: 200% increase from 2018-2019 ADA applies to website: DOJ affirmed by November 2018 tripled increase: projected in 2019 75,000 demand letters: served to business since 2017 $20,000 – $150,000 out-of-court settlement: 95% of demand letters fought and lost in court: 5% of businesses The reason for this increase in lawsuits is because more is happening online. The ADA was enacted in 1990 as a way to prohibit discrimination in locations open to the public, also known as public accommodation. As internet use has grown, lawsuits emerged arguing that websites were also considered places of public accommodation. A recent lawsuit that gathered a lot of attention involved Domino’s Pizza. For three years, Domino’s was locked in a web accessibility lawsuit that was eventually appealed to the Supreme Court. The Supreme Court decided to leave the ruling of the lower court in place that the Domino’s website must be complying with the ADA. This particular ruling sets a precedent for all websites to be accessible.

• ›lawsuits and demand letters: 200% increase from 2018-2019
• ›ADA applies to website: DOJ affirmed by November 2018
• ›tripled increase: projected in 2019
• ›75,000 demand letters: served to business since 2017
• ›$20,000 – $150,000 out-of-court settlement: 95% of demand letters
• ›fought and lost in court: 5% of businesses

We Can Help with eCommerce ADA Compliance

Though the ADA is not new, the guidelines for eCommerce ADA Compliance are more important than ever. Very few web development firms and agencies are able to implement these guidelines correctly and confidently. Fortunately, you’re in the right place. These improvements not only help protect you from legal trouble, but they also increase the reach of your eCommerce site and allow you to convert more kinds of customers. This is a step you should be taking with your eCommerce website to prevent future threats for legal action, so get ADA compliant the right way right now and use 1Digital® Agency experts for help.

WCAG 2.2 AA compliance is engineered into every custom website design, custom development, and headless platform build — accessibility is part of the system, not bolted on after. Strategy-led engagements bundle ADA remediation with conversion optimization sprints, since the same friction that blocks assistive-tech users often dampens conversion for everyone — see eCommerce strategy services for the full roadmap.