There has been an overflow of class action lawsuits alleging violations of the ADA. Because of the alleged failure to maintain ADA compliant websites that are accessible to the blind, the number of lawsuits has continued to rise. More than 400 website ADA accessibility class actions have been filed. The first of its kind was when Juan Carlos Gil filed a lawsuit against Winn-Dixie. Judge Robert Scola, of the Southern District of Florida decided that Winn-Dixieʼs website was inaccessible to visually impaired people who need to use screen reader software

His decision required the company to update its site. Since then, McDonalds, Kmart, Grubhub, Empire Today, and Kylie Cosmetics have all settled cases that alleged their websites and smartphone apps werenʼt properly accessible to the blind. The exact terms of the settlements are unknown, but the lawsuits forced the companies to update their online and mobile presence to better accommodate the visually impaired.

While you figure out your plan of action and are in the process of making your website accessible, you might get hit by a demand letter or lawsuit.
Settlements on ADA website compliance typically range from $5,000 to $250,000. Remember, the best course of action is to attack website accessibility now. Do not wait on this or it could cost you.

If you do get hit with a demand letter and end up settling, you still have to make your website accessible.
Just because youʼre sued once doesnʼt mean you canʼt get sued again by someone else, this is actually very common, many companies have already had this happen.

The Americans with Disabilities Act is a strict liability law which means there are no excuses to non-compliance.
Working diligently on your accessibility but still missing a few things? Too bad, you lose. Pay up.

Hired a reputable web development agency last week? Too bad, you lose. Pay up. Just heard website accessibility was a thing yesterday? Too bad, you lose. Pay up. The above three examples are an oversimplification of the actual process but they drive home my point: Strict liability means the only saving grace is compliance which means your website is currently a sitting duck as-is.

Corporations and small businesses alike are being targeted.
Obviously deep pockets are a target but you may wonder why small businesses are also pursued. Itʼs because theyʼre easy wins and canʼt afford to put up much of a fight.
Get started as soon as possible. Remediating your current website will take some time.
If you do get sued, if you immediately remediate your website, you may be able to get the lawsuit dismissed on mootness (thereʼs no longer anything in dispute, i.e. plaintiffs are arguing your website is inaccessible but youʼve already made it accessible). This definitely does not mean you should wait to fix your website but it does mean you may have an out if youʼre up for playing defense to a lawsuit.