This webinar will cover trends from thousands of ADA lawsuits from 2022 and our predictions, based on the data, of what companies can expect from this litigation landscape for the rest of 2022.
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Web Accessibility Lawsuit Trends in 2022
1. WEB ACCESSIBILITY
LAWSUIT TRENDS
IN 2022
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Presented by:
3. TODAY’S AGENDA:
Top trends in ADA
lawsuits from 2022
Common elements
in lawsuits across
industries
How to get started
with web accessibility
& reduce risk
5. LAWSUIT FILINGS BY STATE
New York
1,400+ cases filed between
January and June 2022.
California
500+ cases filed between
January and June 2022.
Florida
Number of cases filed
bounced back in Q2 2022.
6. INDUSTRY BREAKDOWN
79% of lawsuits
were against
e-Commerce
businesses
Industries receiving
the most lawsuits
include:
● e-Commerce
● Food Services
● Healthcare
● Travel,
Hospitality
● Financial Services
No industry is immune.
In 2022, small wineries
in Napa Valley were
sued.
7. NO COMPANY IS
“TOO SMALL”
27% of lawsuits against companies
with revenue greater than $25M
73% of lawsuits against companies
with revenue less than $25M
Pandemic conditions forced small
companies to increase online presence
Many large companies have already been
sued & have accessibility programs in place
8. 1. Filed by visually impaired plaintiffs
who use screen readers, or…
2. Filed by plaintiffs with auditory
disabilities, often for videos without
captions.
3. Cites inability to create user task with
a list of easy-to-find WCAG violations.
4. References lack of accessibility
statement.
5. The top 10 plaintiff firms represent 80%
of federal filings
vs.
The top 10 defense firms represent less
than 15% of federal filings.
WHAT DO THESE
LAWSUITS HAVE IN
COMMON?
9. Test your site
UsableNet’s
Automated
Accessibility Testing
Tool
WEB ACCESSIBILITY:
HOW TO GET STARTED
Inventory
Your websites,
apps, PDFs, and
multimedia
(video, podcast)
content
Perform user
testing
Include people
with disabilities
in user tests
Troubleshoot
Work with your
web designer or
site manager to
fix issues found
in free testing
10. Make a
statement
Create and
publish an
accessibility
statement
HOW TO GET STARTED
(CONT.)
Perform user
testing
Seriously…
Include people
with disabilities
in user tests
Make contracts
compliant
Add ADA or
accessibility
compliance to
future web + app
contracts
Plan remediation
Consult a digital
accessibility checklist
to plan future fixes
12. METHODOLOGY
The UsableNet research team reviews all lawsuits filed in federal courts under the ADA and in
California under Unruh – over 12,000 this year. The cases are reviewed to identify cases where a digital
property is the subject of the claim and not a physical one. This allows UsableNet to keep our clients
informed and provides them with the most up-to-date advice for planning their digital accessibility
initiatives.
Source: Data is based on UsableNet’s research team’s collection across multiple legal sources from
January 1, 2022, to June 23, 2022.
Next steps: A trusted partner can help you improve accessibility and reduce legal risk. Contact us for
a free consultation with an accessibility expert. Get a free evaluation of your website against the
latest accessibility standard (WCAG 2.1) with UsableNet AQA.