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In recent years, website accessibility has become a growing concern for businesses across the globe. The number of lawsuits and demand letters related to website accessibility has risen significantly, prompting many businesses to make changes to their websites to avoid legal issues. In this blog post, we will discuss the website lawsuit and demand letter trends in 2022 and provide forecasts for 2023.
The number of website accessibility lawsuits and demand letters filed in 2022 has continued to increase. Many of these lawsuits and demand letters are related to websites that are not compliant with the Web Content Accessibility Guidelines (WCAG) 2.1, which is the current industry standard for website accessibility.
One of the main reasons for the increase in lawsuits and demand letters is that individuals with disabilities are becoming more aware of their rights and are more willing to take legal action against businesses that do not provide accessible websites. Additionally, lawyers are becoming more specialized in website accessibility law and are actively seeking out potential clients who may have a case.
The industries that have been hit the hardest by website accessibility lawsuits and demand letters in 2022 include retail, food service, hospitality, and financial services. This is likely due to the fact that these industries have a large online presence and are more likely to have websites that are not fully accessible.
It’s worth noting that not all website accessibility lawsuits are successful. Some cases are dismissed due to lack of standing or other technicalities, while others are settled outside of court. However, even if a lawsuit is unsuccessful, it can still be costly and time-consuming for businesses to defend themselves.
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Based on current trends, it is expected that the number of website accessibility lawsuits and demand letters will continue to increase in 2023. It’s likely that more lawyers will specialize in website accessibility law, and more individuals with disabilities will become aware of their rights and take legal action.
One potential factor that could contribute to an increase in website accessibility lawsuits is the aging population. As the baby boomer generation continues to age, more individuals will experience disabilities and may require accessible websites to access products and services.
Another potential factor is the continuation of the pandemic era shift into internet-based commerce. As more businesses shift their operations online, it’s possible that more individuals with disabilities will encounter barriers to accessing those services, leading to an increase in demand letters and lawsuits.
To avoid legal issues, businesses should take steps to ensure that their websites are accessible to individuals with disabilities. This includes following the WCAG 2.1 guidelines and conducting regular accessibility audits to identify and fix any accessibility issues.
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In conclusion, the number of website accessibility lawsuits and demand letters is expected to continue to rise in 2023. Businesses should take proactive steps to ensure that their websites are accessible to individuals with disabilities to avoid legal issues. This includes following the WCAG 2.1 guidelines and conducting regular accessibility audits. While not all website accessibility lawsuits are successful, they can still be costly and time-consuming for businesses to defend themselves. It’s important to take website accessibility seriously to avoid potential legal issues and ensure that everyone has equal access to online products and services.
Last updated: May 22, 2023
These Terms of Service (“Terms”) are a legally binding agreement between you and Accessifi LLC (“our”, “we”, “us”, or “Accessifi”).
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to be bound by the provisions of these Terms or if you do not have the legal authority to accept them on behalf of the entity you represent, you may not use or access our services.
These Terms apply to all users of the Services, as follows (each of which shall be referred to as “user” or “you”):
Accessifi LLC is delivering, in good faith, access to services provided by AccessiBe via a partner relationship we have with AccessiBe.
The partnership agreement entitles us to make limited discounts to the price you pay to license the AccessiBe accessWidget, when ordering directly though us. Discounts are calculated by a percentage reduction to AccessiBe’s retail price which is wholly controlled by AccessiBe. AccessiBe have the sole right to update their retail pricing and licensing terms, over which we have absolutely no control. Your price will be fixed for term period of your license. It is possible that accessiBe could adjust the pricing at the time of your license renewal. It is entirely out of our realm of influence. AccessiBe may also change our pricing flexibility in the future, which may affect the offer we can present to you.
AccessiBe have sole control over the design, functionality, code, and availability of the accessWidget. Accessifi cannot be held responsible for any actions taken by AccessiBe that may impact the accessWidget in any way.
Accessifi offer an accessWidget installation service for those who request our assistance with the accessWidget installation. We are experienced developers who have performed many installations of the accessWidget. You agree to hold us harmless in the event of a problem during installation that can be shown to be caused by existing issues on your website, or concurrent activity on your website that is not being performed by us.
Any changes to the terms of service set by AccessiBe are solely the responsibility of AccessiBe. You agree to hold harmless Accessifi, should AccessiBe change their terms of service in any way that you find disagreeable.
Accessifi will fulfill our responsibility to contact AccessiBe, per the terms of their litigation support package, in the event you are subject to a website accessibility lawsuit while you have an active accessWidget license purchased through us. You agree to hold Accessifi LLC harmless in the event that a website accessibility lawsuit against you is successful, or if you choose to settle with any plaintiff involved in that lawsuit.
Accessifi strongly believe the accessiBe accessWidget is a viable solution to website accessibility and website ADA compliance issues. However we are not responsible for any damages resulting from your use of any software or services owned and administered by AccessiBe.
Accessifi can provide manual website accessibility remediation services if requested. We are experienced website developers and we will provide our best efforts to fix specific accessibility problems, agreed between you and us prior to beginning any manual remediation services. You agree to hold harmless Accessifi LLC in the event you are subject to a legal accessibility complaint or any other damages concerning specifically the issues Accessifi LLC agreed to work on. We are committed to further remediating any of these issues on your website.
When you purchase an accessWidget license through Accessifi, you are required to remunerate Accessifi, the full amount agreed between you and Accessifi, within 7 days of the date noted on the invoice.
The accessWidget license becomes active at the time of Accessifi generating the invoice.
Invoices will be sent by email, along with a separate follow-up email confirming that the invoice was received. Accessifi LLC are not responsible for non-receipt of the invoice, the invoice email, or the follow-up email.
If the 7 day period from the invoice date passes without full remuneration Accessifi reserves the right to terminate your accessWidget license agreement without repercussion from you. We have to do this to ensure that the cancellation is completed with the refund period set by AccessiBe. In the event that AccessiBe charges Accessifi a pro-rated license fee for the time the accessWidget license was active before cancellation, you are responsible for remunerating Accessifi to cover that pro-rated charge. You will be notified of that charge via a separate invoice from Accessifi, send via email.
We will provide you with a secure payment link, operated by the well-established online payment solution provider, Stripe. If you cannot for any reason make your payment online, you may suggest another means of payment in writing (email) before the invoice is generated. You may use the alternative method if both you and we agree in writing. If you do not agree to remunerate Accessifi online via the secure payment page from Stripe, nor the agreed upon alternative payment method, you may not purchase a license from us.
Licenses are only refundable and cancellable within 7 days of the original invoice creation date, noted on the invoice. After 7 days from the date of the original invoice the license fees are non-cancellable, and non-refundable.
By purchasing your accessWidget through Accessifi, you agree not to edit the accessWidget installation code without our written (email) consent. Doing so could affect the performance and effectiveness of the accessWidget. Any unauthorized changes is a violation of the discounted license pricing agreement between you and Accessifi. Any changes to the “AccessiBe” callout and link (the “mark”) at the bottom of the accessWidget UI is a violation of the discounted pricing agreement between you and Accessifi. Refusal to reinstate the AccessiBe mark on the accessWidget UI will invalidate the discount agreement with immediate effect at which time the license pricing will switch to the retail price set by AccessiBe.
We recommend that you read the following section titled “AccessiBe Terms of Service”.
We, like you, are beholden to AccessiBe’s Terms of Service for using their AccessWidget, and any and all other related services that AccessiBe provide, including the website auditing service “AccessFlow”. AccessiBe are solely responsible for the AccessWidget, the license pricing policy, and any other services that they provide. We strongly recommend that you, as our client, read their terms of service. To find their terms of service, please follow these steps:
1: Click on this link to visit the AccessiBe website: https://accessibe.com/a/a2i3kaw
2: Scroll to the very bottom of the target page that results from clicking on the link in step 1.
3: At the bottom of the page on the AccessiBe website, click on the link “Terms of Service”.