Midyear 2024 ADA Digital Accessibility Update

With summer comes UsableNet's highly anticipated midyear report, which sheds light on the ongoing accessibility challenges plaguing websites across the U.S. The findings reveal a dramatic increase in lawsuits related to digital accessibility, with the number of cases nearly doubling since 2018. Each year since 2021, over 4,000 plaintiffs have filed lawsuits, marking a significant and growing trend. New York leads in accessibility lawsuits and as the Report highlights, “This is a critical area of focus for companies selling goods and services to customers in New York, regardless of where the company is headquartered.” This is underscored by the recent case against Calzedonia USA, Inc., which faces scrutiny for insufficient digital accessibility. The fashion brand operates globally but is headquartered in Italy.

A Shift from Education to eCommerce

In 2024, the spotlight has shifted from the education sector—highlighted in last year's report—to the eCommerce sector. A staggering 78% of all accessibility-related lawsuits this year involve eCommerce websites. The complexity of these platforms, which often include intricate ordering systems, has led to a higher incidence of accessibility problems. Furthermore, 15% of the top 500 eCommerce retailers have already faced legal action in 2024. At the start of the year, Tammy Frost filed a class action lawsuit against eCommerce giant Walmart citing that Walmart’s website is not fully accessible for those who are blind and need to use screen reading technology. The notice of settlement was filed in March, and the case was settled for an undisclosed amount in May. This is not the first time Walmart has faced such issues finding itself under scrutiny in 2021.

The Cases Just Keep On Coming

Plaintiff Jessica Karim filed a class action lawsuit against Torrid LLC in March, claiming their website is not fully accessible to blind customers and that she was unable to complete the checkout process. Zebone Brown filed complaints against Tiffany & Co. in June and Timex, Inc. in July for insufficient digital accessibility on their websites. Further updates will follow as these cases progress.

Rise in Accessibility Lawsuits Against Restaurant Websites

The food service industry is also experiencing increased scrutiny, with restaurant websites becoming a new focus for lawsuits. These platforms, which are essential for online ordering and reservation systems, are seeing a significant rise in accessibility challenges. American restaurant chain, Sweetgreen, is one such company facing a class action lawsuit in 2024. Plaintiff Ali Colak alleges that the website has access barriers to screen-reading software used by those with vision impairment. The parties settled for an undisclosed amount, and the case was closed in July.

Lawsuits Targeting Websites with Widgets and Overlay Features

While mobile apps have not been the primary target due to their complexity in testing, websites utilizing widgets or overlay features have been notably affected. Over 20% of lawsuits in the first half of 2024 have been directed at sites with these elements, highlighting a critical area for businesses to address.

Key Takeaways

Overall, UsableNet’s 2024 midyear report highlights a significant surge in ADA digital accessibility lawsuits, particularly targeting eCommerce websites, restaurant platforms, and sites utilizing widgets or overlay features. Whether a large corporation or a small business, the risk of facing litigation is real. The increase in litigation underscores the urgent need for companies across various sectors to prioritize digital accessibility to avoid legal repercussions and enhance user experience. As accessibility standards evolve, no company is immune, and all must take proactive steps to ensure their digital assets are accessible to everyone.

Action Steps and Resources

If you would like an immediate assessment of where your website stands in terms of compliance with accessibility standards, then click here for a free appraisal: https://aaatraq.com/ (opens in a new window) (no email required).

For further information and resources, explore the following links:

2024 Midyear Report – ADA Digital Accessibility Lawsuits: UsableNet https://3280432.fs1.hubspotusercontent-na1.net/hubfs/3280432/Remediated%20-%202024-Midyear-Report-1.pdf?utm_campaign=2024%20Midyear%20Report&utm_medium=email&_hsenc=p2ANqtz-_aC6h1aZnhmu0naLmTkKus0BODMiYSqC8VvWTzBFB0FFH1A4NzOVgP3tEDHWpke_v1ve2ocBL5TowWbhikJyHKus5Bpw&_hsmi=314803225&utm_content=314803225&utm_source=hs_automation (opens in a new window)

Frost et al v. Walmart Inc. Class Action Complaint https://casefilingsalert.com/wp-content/uploads/2024/05/Walmart-Shoppers-With-Disabilities.pdf (opens in a new window)

Jessica Karim Brings Torrid Class Action Claiming Website Inaccessible to the Visually Impaired https://topclassactions.com/disability-class-action-lawsuit/torrid-class-action-claims-company-denies-vision-impaired-customers-access-to-website/ (opens in a new window)

Zebone Brown Files Complaint Against Tiffany & Co. and Timex, Inc. for Insufficient Digital Accessibility on Their Websites https://www.accessibility.com/digital-lawsuits/zebone-brown-vs-tiffany-and-company-2024-06-27 (opens in a new window) https://www.accessibility.com/digital-lawsuits/zebone-brown-vs-timex.com-inc.-2024-07-24 (opens in a new window)

Ali Colak Settles With Sweetgreen Over Inaccessible Website https://www.pacermonitor.com/public/case/51968173/Colak_v_Sweetgreen,_Inc (opens in a new window)