SACRAMENTO – In a new wave of lawsuits, blind and deaf Californians are suing companies because their websites are not accessible, citing alleged violations of the Americans With Disabilities Act and the state's Unruh Civil Rights Act.
Moreover, according to National Law Review, the companies don't even have to be doing business in California to be taken to state court under current California and federal laws, potentially exposing thousands of businesses to litigation.
“We have seen an uptick in ADA lawsuits regarding inaccessible websites,” wrote the Citizens Against Lawsuit Abuse (CALA) in a statement to the Record. “Businesses are very concerned and many local and statewide groups and associations are holding seminars and passing out information regarding these suits. What can a business do abut protecting themselves? According to California law and the Unruh Act, the only thing you can do is make your website 100% compliant. The Federal guidelines are still murky on what constitutes compliance, but if your website is considered non-compliant in California, it is open to a lawsuit.”
A number of the recently filed lawsuits have alleged that the visually impaired plaintiffs are unable to access a business website or mobile app to purchase products or services, even while using screen reader technology.
Lawsuits under the Unruh Civil Rights Act subject businesses to damages, which are usually limited to claims of the statutory amount of $4,000 per violation. However, the statute additionally grants the right to injunctive relief, which could expose companies to further lawsuits and additional penalties if they fail to bring their websites up to compliance level.
“For example, a court-ordered injunction could direct your website to shut down if it fails to comply,” wrote Scott L. Menger, a commercial litigator, in a recent National Law Review article. “However, courts are reacting to the scores of lawsuits being filed by adopting standards by which you can insulate yourself from this liability. These include complying with the Web Content Accessibility Guidelines.”