Over the past year, the number of website accessibility lawsuits under the Americans with Disabilities Act (ADA) has surged, highlighting the need for digital properties to be compliant. This trend is particularly relevant for insurance companies, as ADA compliance can help prevent costly lawsuits and improve the user experience.
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If you’re unsure about your insurance website’s compliance status, it’s time to take action. Learn more about ADA website compliance for your insurance website, and secure your business.
The Surge in ADA Website Lawsuits
According to UsableNET’s mid-year report, ADA website lawsuits have increased significantly. The report estimates that 2024 will see over 4,000 website lawsuits — a big jump from the 2,314 cases in 2018. New plaintiff law firms have entered the arena, contributing to this rise.
Judges are becoming stricter in their review of ADA lawsuits, requiring more detailed evidence from plaintiffs, which has resulted in fewer lawsuits overall. However, it’s important to note that over 100 companies still receive claims weekly, and plaintiffs continue to be active and successful in securing settlements.
And while insurance websites represent less than 1% of the websites under scrutiny, it’s clear that no business is immune to ADA compliance lawsuits. Nor are small companies exempt, as most companies facing lawsuits have annual revenues under $25 million. This trend indicates that plaintiff firms are submitting claims in large volumes.
Why Are Accessibility Lawsuits Increasing?
Several key factors are at play leading to the rise in lawsuits. Here are some of the most common reasons that ADA compliance has become more challenging.
Emergence of New Technologies
The growth of artificial intelligence (AI) and automation tools like accessibility widgets has led to misconceptions about achieving full compliance through automation alone. Businesses that rely solely on these automated solutions may find themselves vulnerable to lawsuits.
While these tools can help identify and fix some accessibility issues, they often fail to meet all the requirements outlined in the Web Content Accessibility Guidelines (WCAG).
Moreover, automated solutions may not address all accessibility barriers, such as providing meaningful alternative text for images, ensuring keyboard navigability, and maintaining proper color contrast. Human oversight is essential to identify and fix issues that automated tools might miss.
Sector-Specific Challenges
Due to their complexity, e-commerce websites are particularly vulnerable. In 2023, 84% of lawsuits targeted the e-commerce sector, followed by education and other industries. The dynamic and interactive nature of e-commerce sites presents numerous opportunities for accessibility issues to arise, making them prime targets for litigation.
Insurance websites face unique challenges as well. The detailed information, policy documents, and interactive forms required on insurance sites must be fully accessible to users with disabilities. Features such as quote calculators, claims submission forms, and account management portals often contain complex elements that need careful attention to accessibility standards.
Failure to make these elements accessible can lead to legal action, especially given the growing trend of ADA lawsuits targeting smaller companies and specialized sectors. Checking that all aspects of an insurance website are accessible is not only a legal requirement but also enhances user experience and trust.
Legal Landscape and Implications
With courts becoming stricter, judges are increasingly scrutinizing the specifics of each case and demanding detailed documentation from plaintiffs. Plaintiffs are being asked to provide concrete evidence of accessibility barriers.
This trend underscores the importance of comprehensive and ongoing accessibility audits to ensure compliance. If your insurance website gets examined under a microscope, would it meet ADA compliance standards?
Geographic Distribution of Lawsuits
Most lawsuits are filed in New York, reflecting its active legal environment. California and Florida are additional areas of focus.
This geographic concentration indicates a need for businesses operating in these regions to be particularly vigilant about their compliance efforts. Even if your business is not headquartered in these states, you may be at risk if you sell services and goods to customers in these areas.
The Business Case for Accessibility
Beyond legal compliance, there is a compelling business case for making websites accessible. Between 15% and 25% of the U.S. population lives with some form of disability, representing a significant market with considerable purchasing power. Companies that prioritize accessibility not only avoid legal risks but also improve customer satisfaction and reach a broader audience.
Accessible websites also provide a better user experience for all visitors, not just those with disabilities. Features like clear navigation, readable text, and alternative text for images make websites more user-friendly. Improved usability can lead to increased time spent on the site, higher conversion rates, and greater customer loyalty.
Best Practices for Achieving Website Accessibility
Follow these tips to evaluate your website for accessibility and bring it into compliance:
- Conduct regular accessibility audits: Regularly assess your website to identify and rectify accessibility issues. Use both automated tools and manual testing to get a comprehensive understanding of your site’s accessibility.
- Implement accessibility from the design phase: Incorporate accessibility into your insurance website design and development phases to avoid costly retrofits. See that designers and developers are trained in accessibility best practices and that accessibility is a key consideration in all design decisions. At Neilson Marketing Services, we prioritize ADA accessibility and compliance throughout the process.
- Engage with accessibility experts: Work with experts who understand the latest WCAG. Accessibility specialists can provide valuable insights and recommendations to enable your site to meet current standards.
- Implement continuous testing and feedback: Conduct ongoing testing, and solicit feedback from users with disabilities. Regular testing and user feedback loops help identify new issues as they arise and ensure your site continues to meet accessibility standards.
How Neilson Marketing Services Can Help
Neilson Marketing Services offers comprehensive solutions to help businesses achieve and maintain ADA website compliance. Our team provides expert guidance and practical strategies tailored to your specific needs. From initial audits to ongoing support, we make certain that your website meets all legal requirements and provides a great user experience for all visitors.
Updating your insurance website for accessibility is not only a legal requirement but also a business imperative. By staying ahead of legal requirements and enhancing the user experience for all visitors, you can position your company as a leader in inclusivity.
Take proactive steps toward accessibility today. Get a free compliance audit from Neilson Marketing Services, and safeguard your website against ADA legal hot water.
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