Ignoring WCAG: Legal Risks for Your Business in 2024

Over 4,000 ADA Title III lawsuits were filed in federal courts in the first half of 2024. Experts believed this number reached nearly 9,000 by the year end.

This alarming trend highlights the increasing legal scrutiny businesses face when they fail to comply with web accessibility standards. According to the National Law Review, there is no "easy fix" for accessibility barriers.

So, if you own a business, it is better to understand the risks now rather than deal with a costly lawsuit later.

Ignoring the importance of Web Content Accessibility Guidelines (WCAG) can leave your business vulnerable to lawsuits, huge fines, and a bad reputation. Small businesses and large corporations could end up in serious legal trouble when they fail to ensure website accessibility.

Read on to understand the legal risks, financial costs, and the best steps to protect your business before it's too late.

What happens if your website fails to meet WCAG standards?

Your website becomes an easy target for legal action when it is not compliant with the Americans with Disabilities Act. Private individuals and the Department of Justice can file lawsuits against businesses under the ADA.

Therefore, ensure you never fail to provide accessible digital content.

DOJ Lawsuits

The Department of Justice has the authority to sue businesses in cases of widespread discrimination. If your business is sued by the DOJ and loses, then you could face:

Civil penalties up to $92,383 for a first-time violation and up to $184,767 for repeat violations.
Compensation payments to affected users.
Mandatory accessibility remediation costs, which may include redesigning your website entirely.
Additional legal fees, training programs, and ongoing compliance monitoring.

The NCBar Association states that recently, the DOJ has taken legal action against major corporations like Hy-Vee, Kroger, Meijer, Rite Aid, Teachers Test Prep, and H&R Block. These big industry players faced legal repercussions for minor accessible violations like missing alt text for images, inaccessible pop-ups, and unreadable form fields.

As part of their settlements, these companies were required to implement WCAG Level AA compliance, hire accessibility consultants, and undergo regular compliance audits.

Private Lawsuits & State-Level Penalties

Private lawsuits do not allow plaintiffs to claim financial damages under the ADA. However, businesses that settle often end up paying hefty legal fees, compliance costs, and compensation according to the settlement agreements.

Some states, such as California, allow plaintiffs to claim $4,000 per violation under the Unruh Civil Rights Act along with attorneys’ fees.

Where do most ADA WCAG accessibility violations occur?

Accessibility lawsuits often target easily identifiable website issues. Some of the most common violations include:

Missing alt text – Screen readers rely on alt text to describe images. Without it, visually impaired users miss out on critical content.
Inaccessible navigation menus – Dropdown menus and interactive buttons must be keyboard-navigable.
Missing labels on forms – It will be hard for visually impaired users to fill out a form with no clear labels. When these people use screen readers, they will not know what to type and may feel an accessibility barrier.
No captions on videos – It will be difficult for deaf or hard-of-hearing users to understand what is being said when your videos do not have captions.
Hard-to-read colors – Text and backgrounds with not enough contrast can be inaccessible for users with vision problems. They might struggle to read your website.
Pop-ups that trap users – Screen readers cannot detect some pop-ups. Users might not be able to close them or move forward.

You could face a lawsuit for having any of these issues on your website.

What to do if you receive an accessibility complaint

You should not ignore any legal notice or accessibility complaint you receive. The DOJ suggests that you should take the actions below:

Review the Complaint Carefully – Identify the specific accessibility issues raised.
Consult an Attorney – Work with a legal expert specializing in ADA compliance.
Conduct an Accessibility Audit – Hire a web accessibility consultant like ADACP to assess your website’s compliance with WCAG 2.1 Level AA standards.
Implement immediate fixes – Address issues of missing alt text and poor color contrast. Fix them as soon as possible. You can also rely on our accessibility experts. ADACP is renowned for offering quick and effective solutions for WCAG 2.2 Level AA compliance.

How to avoid accessibility complaints in the first place

The best way to protect your business is to proactively ensure your website meets WCAG standards.

1. Make regular accessibility audits your best friend

You may use automated tools like WAVE or Axe to scan your website for common accessibility issues. Although software scans are fast, they are not 100% accurate.

Consider hiring an accessibility consultant at ADACP. We can perform a thorough manual audit to catch complex issues automated tools may miss.

2. Follow WCAG 2.1 Level AA guidelines

While there are different levels of WCAG compliance - A, AA, and AAA - Level AA is the most commonly accepted standard in legal cases.

You need in-depth domain knowledge to ensure compliance. If you need more guidance on what incorporates in Level AA of WCAG, then get in touch with our accessibility experts.

3. Include an accessibility statement

Post a website accessibility statement explaining your commitment to inclusivity and offering contact information for users who need assistance.

Conclusion

The legal risks of ignoring WCAG guidelines are real. The stress for small and mid-sized firms is even intensifying by lawsuits increasing every year.

Whether the DOJ takes action or private parties file suits, non-compliance with accessibility standards can lead to significant financial losses.

Why wait for a lawsuit when you can take proactive steps and make your website accessible? If you need professional help, consider hiring the compliance consultants and audit experts at ADACP.

We have dedicated accessibility experts to guide you through the process of making your business compliant in accordance to ADA and European Accessibility Act.

Want to protect your business and avoid legal trouble? Start your free accessibility audit today and stay ahead of the risks.