CTA is working hard in Washington to ensure that the Americans with Disabilities Act works to benefit persons with disabilities, not opportunistic trial lawyers.
What Can be Done?
Businesses targeted by ADA website lawsuits are caught between a rock and hard place: determining whether a website is “accessible” is fact-intensive inquiry which often results in lengthy litigation. According to a report by UsableNet Inc, website accessibility lawsuits began growing rapidly every year since 2016. They predict more than 4000 such lawsuits will be filed in 2021, a 64% jump over the previous year. Smaller businesses are in the crosshairs: companies with revenue below $50 million were the targets of two-thirds of the lawsuits filed in 2021.
Thankfully, policymakers in Washington are addressing this issue. A bipartisan group in Congress has introduced a bill called the Online Accessibility Act (HR 1100). This bill codifies the principle that a website that is not accessible violates the ADA. It also requires plaintiffs to notify the website owner of the alleged ADA violation and allows them 90 days to fix the website before the plaintiff can file a complaint.
CTA is working hard in Washington to ensure that the Americans with Disabilities Act works to benefit persons with disabilities, not opportunistic trial lawyers. We also continue to promote innovative accessible technology through CES, CTA advocacy efforts and the CTA Foundation.
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