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ADA Website Compliance Lawsuits

New Jersey ADA Website Compliance Lawsuit Lawyers

Defending Your Business Against ADA Complaints

The Americans with Disabilities Act (ADA) is a significant piece of legislation designed to prohibit discrimination against individuals with disabilities. Enacted to ensure that people with disabilities have access to the same opportunities as those without disabilities, the ADA has far-reaching implications, including in the digital realm. 

Website accessibility is critical to modern business operations, especially for those operating online. However, achieving full compliance with ADA guidelines can be challenging. Many businesses face high costs, a lack of clear guidance, and the misconception that ADA compliance is a one-time project rather than an ongoing obligation. As a result, even well-intentioned businesses can find themselves vulnerable to legal action.

Recently, ADA website compliance lawsuits have surged, particularly targeting e-commerce websites. These businesses have found themselves at the center of litigation for allegedly violating digital accessibility provisions of the ADA.

In such situations, having skilled legal representation is essential. An experienced attorney can help businesses review digital evidence, challenge claims, and build a strong defense. At M. Ross & Associates, LLC, we practice business litigation, including defending against ADA website compliance lawsuits. We guide businesses of all types, including online merchants, through the complexities of these claims, helping them understand the allegations, explore their options, and anticipate potential outcomes.

If you face an ADA website compliance complaint in New Jersey, we encourage you to schedule a consultation by calling (201) 897-4942 or contacting us online.

Understanding ADA Website Compliance

The ADA applies to state and local governments and businesses open to the public, including most e-commerce websites. To be ADA-compliant, a website must be accessible to all individuals, including those with disabilities. 

The Web Content Accessibility Guidelines (WCAG) provide a framework for creating accessible websites, detailing several components that ensure digital content is accessible to all users.

Examples of features that make a website ADA-compliant include:

  • Accessible through touch, sight, and sound
  • Functional with just a keyboard to assist users who cannot use a mouse
  • Readable and predictable text in function and appearance
  • Compatible with assistive technologies
  • Navigable for intuitive site use

Failure to meet these and other standards can result in lawsuits. Plaintiffs often allege that a website’s barriers prevent full and equal use.

The Rise of ADA Complaints

The surge in ADA website compliance lawsuits can be attributed to legitimate concerns and opportunistic exploitation of the law. Some plaintiffs, driven by profit rather than genuine accessibility issues, have initiated lawsuits targeting businesses—particularly small and medium-sized e-commerce sites.

Examples of ADA website complaints include:

  • Broken links
  • Missing alt text for images
  • Pages using the same title elements, creating confusion for users relying on assistive technologies
  • Improper headings and labels

These issues, while seemingly minor, can lead to significant legal challenges for businesses.

These lawsuits can profoundly impact small and medium-sized businesses, particularly those in the e-commerce sector. The time and resources required to defend against ADA complaints can strain operations, threaten business viability, and result in substantial legal fees. 

Moreover, the risk of reputational damage from being involved in a lawsuit, regardless of the outcome, can be severe.

Defending Against ADA Website Compliance Lawsuits

Businesses facing ADA website compliance lawsuits have several potential legal defenses available. The specific strategy employed will depend on the nature of the allegations and the facts surrounding the website’s non-compliance. It is crucial for businesses to take these lawsuits seriously and to develop a strong litigation defense strategy.

One of the most effective steps a business can take is to hire experienced legal counsel. A knowledgeable attorney can help assess the validity of the claims, gather necessary evidence, and develop a comprehensive defense strategy. In some cases, it may be possible to remedy the compliance issues efficiently and avoid prolonged litigation. In others, challenging the legitimacy of the plaintiff's claims may be the best course of action.

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