Welsh businesses with a website that anyone in the United States can view may be at serious risk of a costly legal landmine: web accessibility lawsuits under the Americans with Disabilities Act (ADA). English) are on the rise.
These lawsuits allege that websites and mobile applications that cannot be accessed by users with disabilities such as vision or hearing are liable for the charges. And the numbers are skyrocketing.
In the first half of 2023 alone, 414 federal ADA lawsuits were filed against businesses, more than 100 more cases than in 2022 during the same period.
The meteoric rise was fueled by opportunistic US law firms that smell blood in the water, such as Mars Khaimov Law and Stein Saks, which were behind a whopping 82% of all digital accessibility cases in 2023.
Don’t assume the target is big companies, either. Last year, 77% of cases involved small businesses with revenues of less than £20 million. The e-commerce sector is being especially wiped out, accounting for 84% of all lawsuits.
For UK businesses, if you digitally sell even 1 unit in the US, you will be held liable to the full extent of the law. However, e-commerce is not the only UK sector at risk. If you are a service business that takes digital bookings, like a hotel, and your service can be booked from the US through your website, you face the same risk.
“Organizations of all sizes, especially smaller businesses that may believe they are under the radar, need to better understand their legal compliance obligations regarding website accessibility,” warned Liam Webster, co-founder of Identify digitala website design and development agency.
Here are six common web accessibility mistakes and how to fix them:
- Do not make keyboard navigation accessible
It is essential to recognize that not everyone will use a mouse to navigate a website. Those with motor disabilities who may have difficulty using their hands or using the fine motor skills necessary to move the mouse can use the keyboard. Additionally, keyboard navigation is used by visually impaired users who rely on assistive technology, such as screen readers, because they cannot see where to move the mouse.
To improve keyboard navigation on your site, properly structure the web page in the order in which keyboard-only users navigate content and use focus indicators on links or interactive elements.
- Forgetting to add alt text to images
One of the most common web accessibility mistakes is not providing alt text on images. It’s an easy solution and gives much deeper meaning to your web pages for blind or visually impaired users. Alt text is read aloud to visually impaired users through their screen reader and can help SEO.
- Mislabeled or unclear form fields
Adapting form fields for accessibility is vital for data capture or simply providing a way for users to communicate directly with the company. To do this with accessibility in mind, always label and highlight focus input elements in required form fields and add clear instructions. For example, add “Phone Number” as a field label instead of vague text, such as “Contact Information.” You should also ensure that the form can be completed using keyboard navigation and provide relevant error messages.
- Opt for low contrast text and background
It is important to remember contrast, as specific contrasts and colors can make it difficult for users to identify edges and shapes or even read text. For example, red text on a gray background or an interactive element is difficult to read. You can use a contrast testing tool to highlight appropriate and inappropriate contrast ratios on your site.
- Do not add subtitles or subtitles to videos.
Another common mistake people make with videos on their website is not adding subtitles or captions. Only some people who want to watch your videos can hear the audio or turn it on, and subtitles can help with understanding the content. Adding captions and subtitles to your videos on the site will improve accessibility and increase user engagement.
- Add non-descriptive links
A non-descriptive link, such as “Click here”, does not convey the purpose of the link, which is not useful for screen reading technology. A descriptive link will improve your usability and understanding of the site.
UK businesses should adopt a more comprehensive accessibility strategy to de-risk their US-facing websites and apps. That likely means a combination of manual human auditing, coding fixes, and consultation with an accessibility specialist.
The legal realities of ADA web accessibility lawsuits are very real. But so are the benefits of doing it right: protecting your brand while providing a better digital experience. The clock is ticking.