Web accessibility lawsuits increase, with retailers a prime target

In late 2020, online spice retailer Spiceology changed e-commerce platforms . The retailer’s contract with new vendor BigCommerce included ensuring the e-commerce site was fully compliant with the Americans with Disabilities Act (ADA). Spiceology had about 70% of its users before the site changes had to be locked in and go live in preparation for Black Friday.

“We had to make a business decision,” said Chip Overstreet, CEO of Spiceology. The decision, he said, was to complete ADA compliance in early 2021, after the holiday rush was over . But 70% wasn’t good enough. The retailer soon faced a lawsuit.

The number of website accessibility lawsuits is on the rise in the United States, with retailers facing far more suits than other types of organizations.

The UsableNet study found that the number of digital accessibility cases increased to 3,550 in 2020, a 22.8% increase from 2,890 in 2019.

According to the report, 77.6% of digital accessibility lawsuits last year cited retailers UsableNet for creating web accessibility tools and platforms. On its website, UsableNet lists retailer clients that include J.C. Penney .

The UsableNet study analyzed digital accessibility-related lawsuits involving websites , mobile apps, or video content filed in federal court under the ADA or the Unruh Civil Rights Act in state court in California.

For online retailers, that means their sites must be “ meaningfully accessible ” to all shoppers , such as those who are blind or visually impaired, have epilepsy or deal with attention deficit hyperactivity disorder ( ADHD).

For blind or visually impaired shoppers, retailers might offer a version of their website with enhanced visuals and make the site compatible with screen-reading technology. For those with epilepsy, merchants could offer a version of the site that eliminates flickering and reduces color. Users with ADHD could choose to view focused content with fewer distractions than a website.

UsableNet researchers found that plaintiffs filed nearly 93% of lawsuits in three states: New York (49.5% of the total), California (27.9%), and Florida (15.3%). This does not mean that the companies being sued are headquartered in these states, just that they do business there. In addition, just 10 law firms filed about 70% of all digital ADA cases last year.

Retailers

litigation