Failing to make your website accessible doesn’t just limit your audience—it opens your business up to serious legal and financial risks. As awareness and enforcement of digital accessibility standards increase, businesses that fall short of ADA compliance are increasingly being targeted for lawsuits. Here are the top 5 legal risks:
1. Federal Lawsuits: Title III of the ADA allows individuals to sue businesses that fail to provide equal access through their websites. These lawsuits can be initiated without any prior warning and can lead to court-mandated fixes, costly settlements, and ongoing legal oversight.
2. Civil Penalties: The U.S. Department of Justice can impose substantial fines. First-time violations can result in penalties of up to $75,000, while subsequent violations can reach $150,000. These penalties are separate from private lawsuits and can be enforced in tandem.
3. State-Level Liability: In some states, especially California, businesses face additional financial risks. The Unruh Civil Rights Act allows plaintiffs to seek $4,000 in statutory damages per violation, per visit. A single user accessing multiple pages can multiply this liability quickly.
4. Reputational Harm: Legal cases related to ADA non-compliance are public and can damage your brand’s reputation. Consumers and partners may view a lack of digital inclusivity as a sign of broader disregard for social responsibility.
5. Loss of Contracts and Business Opportunities: Many enterprise clients and government agencies require digital accessibility in their procurement processes. If your site is not compliant, you could be disqualified from lucrative contracts or renewal opportunities.
Ignoring ADA compliance is no longer an option. Addressing these issues proactively can protect your business from lawsuits, financial penalties, and reputational harm.