How expensive could an accessibility violation be?

 

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The cost of an accessibility violation can vary greatly depending on a number of factors. These factors include the severity of the violation, the size of the company, the number of people affected, and the jurisdiction in which the violation occurs. Depending on these factors, a company may face a variety of potential costs if they violate digital accessibility standards. These costs can range from minor fines to more substantial legal fees, as well as the cost of making the necessary changes to ensure compliance with accessibility standards. In some cases, companies may even be liable for damages caused by their non-compliance. Ultimately, the cost of an accessibility violation can be significant, and it is important for companies to take the necessary steps to ensure their digital products are accessible to all users.

Legal Fees and Settlement - Companies that do not comply with accessibility standards may be subject to legal action from individuals or advocacy groups. This could lead to costly legal fees and settlements, which can vary greatly in amount. If the violation affects a large group of people, the legal fees and settlements can be especially high. 

Damage to Brand Reputation- Accessibility violations can have a detrimental effect on a company's brand reputation, especially if the violation is brought to the public's attention. This can lead to negative publicity, which can be difficult to recover from. Not only does this have an impact on the company's reputation, but it can also lead to a loss of customers and a decrease in sales. 

Loss of Customer Revenue - If a company's digital assets are not accessible to individuals with disabilities, it can have a significant impact on the company's bottom line. Customers with disabilities may choose to take their business elsewhere, resulting in lost revenue and decreased customer loyalty. This can have a detrimental effect on the company's long-term success.

Cost of Remediation - If a company is found to be in violation of accessibility standards, they may need to invest in remediation efforts to bring their digital assets into compliance. This can be a costly endeavor, as it may involve hiring consultants or developers, purchasing software, and redesigning digital assets. Depending on the severity of the violation, the cost of remediation can be significant, especially if the violation is widespread.

Fines and Penalties - The amount of the fine or penalty can differ depending on the jurisdiction and the seriousness of the violation. For example, a company may face a larger fine if they are found to have willfully disregarded accessibility standards, compared to a company that made an unintentional mistake. It is important for companies to be aware of the accessibility standards in their jurisdiction, as they may face serious consequences if they are found to be in violation.

Graph: ADA Title III Website Accessibility Lawsuits in Federal Court 2017-2022: 2017: 814; 2018: 2,258 (177% increase from 2017); 2019: 2,256 (.01% decrease from 2018), 2020: 2,523 (12% increase from 2019); 2021: 2,895 (14% increase from 2020); 2022: 3,255 (12% increase from 2021). *The number of cases that could be identified through a diligent search.

In summary, the cost of an accessibility violation can be significant, both in terms of legal fees and settlements, as well as the loss of customers and revenue, damage to brand reputation, cost of remediation, and potential fines or penalties. 

How to ensure digital accessibility is maintained in your organization? Is it extremally tricky or achievable ?  

Digital accessibility is an essential component of ensuring that people with disabilities can access and use digital content, such as websites, mobile applications, and other digital assets. The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against people with disabilities and requires businesses to make their products and services accessible to everyone, including those with disabilities. To ensure digital accessibility in accordance with the ADA, companies should take the steps like provide clear and understandable instructions for using the digital content, ensure that the content is compatible with assistive technologies, provide alternative text for images, use high-contrast colors for text, and provide captions for videos. Here are some basic thumb rule to ensure ongoing accessibility. 

Conduct an accessibility audit - Companies should perform an accessibility audit of their digital assets to identify any potential accessibility barriers that may exist. 

Create an accessibility policy - Companies should create an accessibility policy that outlines their commitment to accessibility and the steps they will take to ensure that their digital assets are accessible to individuals with disabilities.

Provide alternative formats - Companies should provide alternative formats for digital content, such as audio descriptions, captioning, and transcripts, to ensure that individuals with disabilities can access and use the content.

Use accessible design and development techniques - Companies should use accessible design and development techniques, and follow Perceivable, Operable, Understandable and Robust principles (P.O.U.R)

Train employees on accessibility - Companies should provide periodic training to employees on accessibility guidelines and techniques to ensure that employees been given the knowledge to maintain accessible digital assets.

Conduct ongoing testing - Companies should conduct ongoing testing to ensure that their digital assets remain accessible over time. This testing should be a combination of automated accessibility testing tools and manual testing.

Provide a way for users to report accessibility issues: Companies should provide a clear way for users to report any accessibility issues they encounter.

Here are a few examples of high-profile accessibility violation cases:

Target: In 2008, Target was sued by the National Federation of the Blind for failing to make its website accessible to individuals with disabilities. In 2009, Target settled the case for $6 million and agreed to make its website accessible.

H&R Block: In 2014, H&R Block was sued by the National Federation of the Blind for failing to make its website and mobile applications accessible to individuals with disabilities. In 2016, H&R Block settled the case for $9 million and agreed to make its digital assets accessible.

Netflix: In 2012, the National Association of the Deaf sued Netflix for failing to provide closed captions for its streaming video content. In 2013, Netflix settled the case for an undisclosed amount and agreed to provide closed captions for all of its streaming video content.

Who can inform about a violation? The simplest answer is anyone.

The Department of Justice (DOJ) is responsible for enforcing the Americans with Disabilities Act (ADA) and ensuring that companies comply with digital accessibility standards. Individuals or organizations can contact the DOJ to report a company's digital accessibility violation. Here are a few ways to contact the DOJ:

Online complaint form: The DOJ has an online complaint form where individuals can report accessibility violations. The form asks for information about the company and the nature of the violation.

Phone: Individuals can call the DOJ's toll-free ADA Information Line at 800-514-0301 (voice) or 800-514-0383 (TTY) to report accessibility violations.

Email: Individuals can email the DOJ at ada.complaint@usdoj.gov to report accessibility violations.

Mail: Individuals can send a written complaint to the Disability Rights Section of the Civil Rights Division at the following address:

U.S. Department of Justice

Civil Rights Division

Disability Rights Section

950 Pennsylvania Avenue, NW

Washington, D.C. 20530

When reporting an accessibility violation, individuals should provide as much detail as possible about the violation, including the company's name, website URL, and the nature of the accessibility barrier. The DOJ will investigate the complaint and take appropriate action to ensure that the company is compliant with accessibility standards.