Digital Accessibility Lawsuits Are on the Rise in Canada and the USA. Is Your Website Compliant?

Digital Accessibility Lawsuits Are on the Rise: Is Your Website Compliant?

by Alan Aldous

In today’s world, having a website is essential to running a business. It’s a critical tool that allows businesses to connect with their customers, showcase their products and services, and generate leads. However, many business owners must realize that their websites can exclude many potential customers. People with disabilities make up a substantial portion of the population, and as such, businesses are responsible for ensuring their website is accessible to everyone, regardless of their ability. Failure to do so could have serious consequences.

The Americans with Disabilities Act (ADA) and the Canadians with Disabilities Act (ACA) are laws that require businesses to make their websites accessible to people with disabilities. In addition, these laws mandate that all websites must be designed, developed, and maintained to make them accessible to individuals with disabilities, including those who are blind, deaf, or have mobility impairments.

Significant Penalties Associated with Evading the ADA and ACA Compliance Deadlines

Businesses need to be compliant with the ADA and ACA. This is not just a moral and ethical issue; it’s also a legal one. The ADA and ACA can impose heavy fines and penalties on businesses that fail to comply with their guidelines. In the case of the ADA, companies could face legal consequences in the tens of thousands of dollars. The ACA also imposes heavy penalties on businesses that fail to comply with its guidelines. The maximum fine for non-compliance in Canada is $250,000.

Aside from the financial consequences, businesses that fail to make their website accessible to people with disabilities also face damage to their reputation. In today’s world, people are becoming increasingly aware of the importance of accessibility. As a result, a business that fails to make its website accessible to people with disabilities comes across as discriminatory and unprofessional. This can lead to negative reviews, loss of customers, and, ultimately, a decline in revenue.

Another essential factor is the deadline associated with ADA and ACA compliance. The deadline for ADA compliance was January 1, 2021. This means that all businesses in the United States must have a website that complies with the ADA guidelines. However, the ACA deadline is fast approaching. As of January 1, 2022, all Canadian businesses must have a website compliant with the ACA guidelines. Failure to comply with these deadlines could result in heavy fines and penalties.

Digital Accessibility Lawsuits Are on the Rise in Canada and the USA. Is Your Website Compliant? 1

Benefits of ADA and ACA Compliance

The benefits of ADA and ACA compliance are numerous:

  1. You’ll see increased conversion from visitors.
  2. You’ll have a better customer experience because users can easily navigate the site.
  3. You’ll improve SEO rankings by ensuring all pages are accessible from search engines like Google and Bing.

The Business Case for Web Accessibility

There are many reasons a business would be inclined to make its website accessible apart from just being the right thing to do.

  1. The ROI of Inclusivity is immense, with the disabled population being responsible for more than $1.2 trillion in spending power, not to mention the fact that they are the most brand-loyal population in the world.
  2. With less than 3% of websites accessible, you can set yourself and your clients apart from the pack with the access widget.
  3. Plus, there are tax benefits to making your website accessible.

How to Make Your Business Site ADA and CDA Compliant

  1. Optimize website content.
  2. Make images and videos accessible.
  3. Use the proper coding.
  4. Make the site more navigable by using a keyboard.
  5. Have the site be compatible with the user’s assistive technologies.

Testing Your Site for ADA and CDA Compliance

To ensure compliance with the ADA and ACA, businesses must work with a digital marketing agency specializing in ADA and ACA compliance. Alan Aldous is one such agency that provides these services. They have a team of experts who are well-versed in the guidelines and regulations of the ADA and ACA. In addition, they offer various services, including website audits, website design and development, and ongoing website maintenance.

One of the services that Alan Aldous provides is website audits. A website audit is essential to ensure ADA and ACA compliance. It involves a thorough review of the website to identify any accessibility issues. The audit will identify website areas inaccessible to people with disabilities, such as missing alt text on images, non-descriptive links, and non-compliant colour contrast. Once the audit is complete, the team at Alan Aldous will provide a detailed report that outlines the issues and recommends steps to address them.

Another service that Alan Aldous provides is website design and development. Once the audit is complete, the team will work on designing and developing a website accessible to people with disabilities. This includes ensuring the website is easy to navigate, has descriptive links, and uses proper colour contrast. They will also make the website compatible with screen readers and other assistive technologies.

Finally, Alan Aldous provides ongoing website maintenance.

Call us. We’re here to help you.

Are you interested in a free website compliance audit? Alan Aldous can help.

Call us at +1 (844)-4-WEED-PR or fill out our contact form to book a 15-minute call with someone at Alan Aldous.


If you have a business site and want to make it ADA and CDA-compliant, there are a few things to consider:

  1. Be sure to keep your website up-to-date with the latest in accessibility standards.
  2. If you’re using an older CMS (content management system) that doesn’t support these standards automatically, it’s worth considering changing systems altogether.
  3. Remember that even though complying with these regulations may seem like a lot of work at first glance–and even though they don’t apply to all websites–it’s crucial not only for legal reasons but also because doing so can improve your bottom line by making it easier for customers with disabilities (and their friends and family members) who might otherwise avoid visiting or buying from your business altogether due solely on accessibility issues!

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