Protect Your Business from ADA Lawsuits
Achieve WCAG 2.2 Level AA compliance in 3-4 weeks. Avoid $50K-$150K lawsuit settlements while serving 61 million disabled Americans.
The ADA Lawsuit Crisis in Numbers
Web accessibility lawsuits have exploded. No business is too small to be targeted.
A 300% increase from 2018. The trend continues upward with no signs of slowing.
The vast majority of web accessibility lawsuits target e-commerce and retail websites.
Most businesses settle quickly to avoid prolonged legal costs and public attention.
Including settlement, legal fees, and required remediation. Some exceed $500K.
Industries Most Targeted
Lawsuit Hotspots (2023)
* If your business operates nationally, you can be sued in these jurisdictions.
Dangerous Myths About ADA Compliance
Plaintiff attorneys are actively searching for non-compliant websites
They use automated tools to identify targets. If your site has issues, you may already be on a list.
Website Accessibility Explained
Accessibility means ensuring people with disabilities can perceive, navigate, and interact with your website. Here's exactly what compliance requires.
The Legal Standard: WCAG 2.2 Level AA
WCAG = Web Content Accessibility Guidelines
- Published by W3C (World Wide Web Consortium)
- International standard for web accessibility
- Current version: WCAG 2.2 (published October 2023)
- Most courts require Level AA compliance minimum
Basic compliance. Inadequate for ADA compliance.
Standard for legal compliance. This is the target for ADA Title III.
Not always achievable. Not legally required.
For ADA Title III compliance, you need Level AA.
The 4 POUR Principles
WCAG organizes 78 success criteria into 4 core principles. Every accessible website must follow all four.
1. Perceivable
Information must be presentable to users in ways they can perceive
Requirements:
- Images must have alt text describing content
- Videos must have captions (synchronized text for audio)
- Audio must have transcripts for deaf users
- Color cannot be only way to convey information (colorblind)
- Text must have sufficient contrast with background (4.5:1 ratio)
- Content must be adaptable (same info in different presentations)
Common Violations:
- Missing alt text on images (67% of websites)
- Poor color contrast (86% of websites)
- No video captions (92% of video content)
2. Operable
Interface components and navigation must be operable
Requirements:
- Full keyboard navigation (no mouse required)
- No keyboard traps (can navigate away from all elements)
- Enough time to read and interact with content
- No flashing content (seizure risk if >3 flashes/second)
- Clear focus indicators (visible outline on focused element)
- Skip navigation links (bypass repetitive content)
Common Violations:
- Dropdown menus not keyboard accessible (73% of sites)
- Missing focus indicators (58% of sites)
- No "Skip to main content" link (81% of sites)
3. Understandable
Information and interface operation must be understandable
Requirements:
- Readable language (appropriate reading level)
- Predictable navigation (consistent across pages)
- Clear error messages (tell users what's wrong and how to fix)
- Labels on form fields (every input needs label)
- Page language declared (so screen readers use correct pronunciation)
- No unexpected context changes (popups, auto-redirects surprise users)
Common Violations:
- Form errors without explanations (69% of forms)
- Unlabeled form fields (54% of forms)
- Missing language declaration (38% of sites)
4. Robust
Content must work with assistive technologies
Requirements:
- Valid HTML code (proper semantic structure)
- ARIA labels where needed (for custom widgets)
- Compatible with assistive tech (screen readers, voice control, magnifiers)
- Name, role, value for all UI components (buttons, links, inputs clearly defined)
Common Violations:
- Invalid HTML (92% of websites)
- Improper ARIA usage (48% of sites using ARIA)
- Custom widgets not screen reader accessible (71%)
Why Accessibility Matters
Accessible websites serve more customers, rank higher in search, and build better brands.
1. The Moral Case: Serve All Customers
The Market Opportunity:
But inaccessible websites exclude them entirely:
Real Impact Example: Blind User Testimonial
"I tried to order food from a local restaurant's website. The menu was just images with no alt text—my screen reader said 'image, image, image.' The order form had no labels—I had no idea which field was for what. I gave up and ordered from a competitor with an accessible website. That restaurant lost a $40 order and a repeat customer."
2. The Business Case: SEO + UX Benefits
Accessibility Improves SEO:
- Semantic HTML structure = better crawlability (Google understands content)
- Alt text on images = images rank in Google Images
- Video transcripts = searchable text content (Google can't watch videos)
- Clear headings (H1-H6) = content hierarchy signals
- Descriptive link text = better anchor text for rankings
- Mobile-friendly = accessibility overlaps with mobile optimization
Accessibility Improves UX for Everyone:
- Keyboard navigation = faster power-user workflows
- High color contrast = readable in sunlight, on cheap monitors
- Clear labels = everyone knows what forms ask for
- Video captions = sound-off environments (67% mobile video muted)
- Readable content = benefits users with cognitive disabilities AND busy users skimming
3. The Brand Case
Modern consumers expect inclusivity:
Accessibility signals: "We care about ALL customers"
4. The Competitive Case
WebAIM's 2024 Study (Top 1 Million Sites):
Your competitors are likely non-compliant. Accessibility = competitive advantage!
4-Week Roadmap to WCAG 2.2 Level AA
From audit to certification, we handle every aspect of accessibility compliance. Your site becomes fully accessible and legally defensible.
Comprehensive Accessibility Audit
Evaluate your entire website against 78 WCAG 2.2 Level AA success criteria using automated tools, manual testing, and assistive technology verification.
Remediation & Implementation
Fix all identified violations, implement accessibility best practices, and ensure WCAG 2.2 Level AA compliance across your website.
Testing & Certification
Verify compliance through comprehensive testing, create accessibility statement, and provide documentation proving due diligence.
Comprehensive Accessibility Audit Deliverables
What you receive in 1 week
Total Timeline:
From initial audit to full WCAG 2.2 Level AA certification. Your site becomes legally defensible.
What You Get:
- Full WCAG 2.2 Level AA compliance
- Accessibility statement for your website
- Legal documentation proving due diligence
- Ongoing monitoring setup
- Content editor training
60+ Point Accessibility Audit
Every WCAG 2.2 Level AA success criterion we evaluate. Transparency builds trust.
Images & Media
- All images have descriptive alt text
- Decorative images have empty alt="" (not read by screen readers)
- Complex images (charts/diagrams) have long descriptions
- All videos have synchronized captions
- Audio-only content has text transcripts
- No auto-playing audio/video (or user can stop)
- No content flashes more than 3 times per second
- Critical info not conveyed only through CSS background images
Color & Contrast
- Normal text has 4.5:1 contrast minimum
- Large text (18pt+) has 3:1 contrast minimum
- UI components (buttons, form fields) have 3:1 contrast
- Color not sole way to convey information
- Links distinguishable from non-link text (underline or 3:1 contrast)
- Focus indicators have 3:1 contrast
Keyboard Navigation
- All interactive elements accessible via keyboard
- Logical tab order follows visual flow
- No keyboard traps (users can navigate away from all elements)
- "Skip to main content" link provided
- Clear visual indicator on focused element
- Focus order preserves meaning and operability
- Functions available on hover also available via keyboard
- Dropdown menus keyboard accessible
- Modal dialogs trap focus and Esc key closes
Forms
- All inputs have associated labels
- Required fields indicated (not by color only)
- Form errors clearly identified
- Errors provide suggestions for correction
- Important actions have confirmation (delete, submit)
- Input fields have autocomplete attributes
- Related fields grouped with fieldset/legend
- Placeholder text not used as sole label
- Complex inputs have instructions or help text
- Success/error messages announced to screen readers
Structure & Semantics
- Every page has unique, descriptive title
- Page language declared (lang="en")
- Proper H1-H6 heading hierarchy (no skipped levels)
- Only one H1 per page
- Proper use of semantic HTML (header, nav, main, footer)
- Lists use proper markup (ul/ol/dl)
- Data tables have th headers with scope
- No tables used for layout (CSS only)
- Iframes have descriptive titles
- Link text describes destination (no "click here")
- Buttons for actions, links for navigation
- Valid HTML (no validation errors)
ARIA & Advanced
- Custom widgets have aria-label or aria-labelledby
- Proper ARIA roles for custom components
- Dynamic states use aria-expanded, aria-hidden, etc.
- Dynamic content updates use aria-live
- Native HTML preferred over ARIA when possible
- All UI components have accessible name
- All UI components have proper role
- All UI components have accessible value/state
Want to see how YOUR website scores?
Get a free accessibility audit showing exactly what violations put you at lawsuit risk. No obligation—just expert analysis and a custom quote.
Get Free Accessibility AuditBenefits Beyond Compliance
Accessibility improvements benefit your business in multiple ways—not just legal protection.
SEO Improvements
Accessible websites rank higher in search results.
- Alt text improves image SEO (Google Images traffic)
- Semantic HTML helps Google understand content structure
- Video transcripts create searchable text content
- Clear headings improve content hierarchy signals
- Descriptive link text provides better anchor text
- Mobile accessibility overlaps with mobile-first indexing
- Accessible sites average 12 positions higher in rankings
- Lower bounce rates (accessible = better UX = longer sessions)
Market Expansion
Serve 61 million disabled Americans with purchasing power.
- 61 million Americans with disabilities
- $490 billion annual disposable income
- 71% leave inaccessible sites immediately
- 86% would spend more if sites were accessible
- Elderly users (aging = vision/motor decline)
- Temporary disabilities (broken arm, eye surgery)
- Situational limitations (bright sunlight, noisy environments)
- Loyal customer base (disability community shares accessible businesses)
Improved User Experience
Accessibility fixes benefit ALL users, not just disabled.
- Keyboard navigation = faster power-user workflows
- High contrast = readable in all lighting conditions
- Clear labels = everyone understands forms
- Video captions = sound-off environments (67% mobile video muted)
- Readable content = benefits users skimming quickly
- Predictable navigation = lower learning curve
- Mobile-friendly = better touch interactions
- 98% of accessibility improvements help ALL users
Brand Reputation
Position your brand as inclusive and socially responsible.
- 67% of consumers prefer socially responsible brands
- 83% of Millennials choose values-aligned companies
- Disability community advocates for accessible brands
- Positive PR opportunities (accessibility awards, case studies)
- Avoid negative PR from lawsuits or viral complaints
- Inclusive brand messaging attracts diverse customers
- Corporate social responsibility (CSR) initiatives
- Accessibility = innovation signal (shows attention to detail)
Why Accessibility Overlays Don't Work
Automated overlay widgets promise instant compliance for $50/month. Too good to be true? Yes. Here's why.
What Are Accessibility Overlays?
Third-party JavaScript widgets (AccessiBe, UserWay, AudioEye, etc.) that claim to make any website accessible by adding:
What They Offer:
- Toolbar with accessibility options (text size, contrast, etc.)
- AI-powered automated fixes
- "1 line of code" implementation
- $50-$100/month subscription
Their Marketing Claims:
- "Instant WCAG compliance"
- "No developer needed"
- "Lawsuit protection"
- "AI fixes all accessibility issues"
Sounds perfect, right? Here's the problem:
They Don't Actually Fix the Underlying Code
Overlays apply band-aid JavaScript on top of inaccessible HTML. The source code remains inaccessible. When screen readers access the DOM (source code), they encounter the same violations.
Overlay adds ARIA role, but this is improper use (should be real <button>). Screen readers detect the hack.
Disabled Users Hate Them
Overlay Fact-Finding Report (2021):
732 screen reader users surveyed:
Why Disabled Users Dislike Overlays:
- Interfere with their own assistive tech settings
- Add unnecessary navigation steps
- Cause conflicts with screen readers
- Patronizing assumption disabled users need "special" mode
"I've been blind for 40 years. I have my own screen reader configured how I like it. These overlays mess with my settings and make sites harder to use." — National Federation of the Blind member
They Don't Prevent Lawsuits
Case Study: Murphy v. Eyebobs (2021)
- • Eyebobs.com had AccessiBe overlay installed
- • Still sued for ADA violations
- • Court ruled overlay insufficient for compliance
- • Eyebobs settled + had to do proper remediation
Lawsuit Statistics:
Overlays mentioned in lawsuits as evidence of awareness (knew accessibility mattered but chose cheap solution). No case where overlay presence dismissed a lawsuit.
Overlays Can't Fix Many Critical Issues
What Overlays CAN'T Fix:
- Missing alt text (can't AI-generate accurate descriptions)
- Improperly structured headings
- Form labels and error messages
- Video captions (require human transcription)
- Complex navigation issues
- PDF accessibility
- Custom widget accessibility
- Content reading level
Overlay vendors claim AI fixes these—it doesn't.
False Sense of Security
Businesses install overlay thinking "we're compliant now" → stop thinking about accessibility → new content still inaccessible → lawsuit happens anyway.
Accessibility is ongoing, not one-time install.
Disability Advocates Oppose Them
Over 700 accessibility professionals signed open letter condemning overlays (OverlayFactSheet.com).
National Federation of the Blind, American Council of the Blind, and other major advocacy groups publicly oppose overlays.
Choosing overlay = aligning against disability community.
The Proper Solution: Real Remediation
Instead of $50/month overlay:
- Invest $3,000-$8,000 one-time in proper remediation
- Fix source code (not JavaScript band-aids)
- Manual testing with real assistive tech
- Ongoing monitoring for new content
- Training for content editors
10-Year Cost Comparison:
Real remediation is cheaper when lawsuit risk factored in.
Accessibility Compliance Pricing
Investment in compliance vs cost of lawsuit. The choice is clear.
Small Business
1-20 pages, simple structure
- Full WCAG 2.2 Level AA compliance
- Comprehensive audit (automated + manual)
- Source code remediation
- Screen reader testing
- Accessibility statement
- Compliance documentation
- 3-4 week timeline
Mid-Market
20-100 pages, moderate complexity
- Everything in Small Business, plus:
- Form accessibility optimization
- Custom widget remediation (sliders, modals)
- Video captioning (up to 5 videos)
- PDF remediation (up to 10 documents)
- Content editor training (2 hours)
- 6-month monitoring included
Enterprise
100+ pages, complex functionality
- Everything in Mid-Market, plus:
- Complex web app remediation
- Multi-site/multi-language support
- Unlimited video captioning
- Unlimited PDF remediation
- Team training workshops
- 12-month monitoring + quarterly audits
Compliance Investment vs Lawsuit Cost
Proactive Compliance
- Full WCAG 2.2 Level AA compliance
- Minimal lawsuit risk
- Serve 61M disabled customers
- SEO + UX improvements
- Peace of mind
ADA Lawsuit
- Settlement: $50K-$150K
- Legal fees: $20K-$100K
- Still need remediation: $3K-$15K
- 50-200 hours management time
- Reputation damage
Compliance is 10-30X cheaper than a lawsuit
Plus you gain 61 million potential customers and SEO benefits
Everything You Need to Know About Web Accessibility
Common questions about WCAG compliance, accessible design, and inclusive web development.
How much does web design cost in Cincinnati?
How long does it take to design and build a website?
What is included in your web design services?
Do you build e-commerce websites and online stores?
Will my website rank on Google after you build it?
What CMS platform do you recommend for my website?
Do you redesign existing websites?
What makes Uptrade Media different from other Cincinnati web designers?
Do you provide website hosting and maintenance?
Can you integrate my website with other business tools?
What is your web design process like?
Is my website going to be mobile-friendly?
Still have questions?
Protect Your Business & Serve All Customers
Get a free accessibility audit showing exactly what violations put you at lawsuit risk.
Every day your website stays inaccessible, you risk receiving a $50K-$150K demand letter. You're also excluding 61 million disabled Americans from becoming customers. Book a free accessibility audit where we'll scan your website, identify WCAG 2.2 violations, assess lawsuit risk, and provide honest remediation recommendations. No obligation—just expert analysis and custom quote.