Accessibility Mills: What Business Owners Need to Know About Predatory Accessibility Lawsuits

In recent years, the rise of “accessibility mills” has become a significant concern for website owners. These firms specialize in sending demand letters or filing lawsuits alleging website non-compliance with the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG). While accessibility is a vital issue, these mills exploit the legal framework for profit, targeting small to medium-sized businesses that may lack the resources to mount a defense.

Let’s take an in-depth look at how accessibility mills operate, the risks they pose, and practical advice for protecting your business.

Photo by Tim Gouw: https://www.pexels.com/photo/man-in-white-shirt-using-macbook-pro-52608/

 

What Are Accessibility Mills?

Accessibility mills are legal firms or entities that generate revenue by identifying websites that fail to meet accessibility standards and threatening legal action. Their goal is often not to improve accessibility but to secure quick settlements or payments.

How They Operate:

  1. Automated Scans: These firms use automated tools to scan websites for WCAG violations, such as missing alt text or poor keyboard navigation.
  2. Demand Letters: Once a violation is detected, they send a demand letter alleging non-compliance, often requesting payment to avoid a lawsuit.
  3. Settlements: The amounts demanded are typically lower than the cost of hiring an attorney to respond, making businesses more likely to settle.

Why Accessibility Mills Are Problematic

  1. Lack of Genuine Advocacy
    Accessibility mills rarely aim to improve digital accessibility. Instead, their focus is on exploiting legal gray areas for profit.
  2. High Costs for Businesses
    Many demand letters request settlements ranging from $5,000 to $25,000—amounts designed to be just low enough to make legal defense impractical.
  3. Impact on Small Businesses
    Small and medium-sized businesses are frequent targets because they are less likely to have robust accessibility measures in place or the resources to fight back.
  4. Ambiguities in ADA Law
    While the ADA applies to public accommodations, its application to websites is not explicitly defined in the statute. This ambiguity fuels predatory practices.

Real-World Examples of Accessibility Mills

  1. Serial Plaintiffs
    Some accessibility mills work with individuals who file hundreds—or even thousands—of lawsuits. For example, a 2021 Forbes article highlighted one plaintiff who filed over 400 lawsuits in a year, targeting websites with minor or technical violations .
  2. State-Level Issues
    States like California and New York are hotspots for accessibility lawsuits because their laws, such as California’s Unruh Civil Rights Act, allow additional damages for violations.

What to Do If You Receive a Demand Letter

  1. Don’t Panic
    Receiving a demand letter does not mean you are immediately liable. Many claims are frivolous or designed to pressure you into settling.
  2. Consult an Attorney
    An attorney experienced in ADA or accessibility law can assess the validity of the claim. Often, responding with a refusal or explanation of your compliance efforts can deflect frivolous claims.
  3. Weigh Costs Carefully
    Accessibility mills often demand payments that are lower than the cost of legal defense. This creates a dilemma: settle to save money or fight to discourage future threats.
  4. Document Accessibility Efforts
    Show good faith by documenting your compliance efforts, such as accessibility audits or plans for improvement.

How to Protect Your Business

  1. Conduct Regular Accessibility Audits
    Use tools like WAVE or Axe to identify and address WCAG violations on your site.
  2. Train Your Team
    Ensure your developers and content creators understand accessibility best practices.
  3. Implement Accessibility Features
    Prioritize features like alt text, keyboard navigation, and proper HTML structure. Aim for WCAG 2.1 AA compliance.
  4. Publish an Accessibility Statement
    An accessibility statement on your site signals your commitment to compliance and may deter frivolous claims.

Resources for Further Reading


Accessibility as Opportunity, Not Fear

While accessibility mills create challenges, they also highlight the importance of digital accessibility. By proactively addressing accessibility, you can improve user experience, expand your audience, and even boost search engine rankings. Instead of viewing accessibility as a legal burden, treat it as an opportunity to make your site inclusive and welcoming for all users.

If you’re unsure where to start, consult a professional to guide your accessibility improvements and protect your business from predatory lawsuits.

Photo: Tim Gouw