Expert monitoring, professional remediation, and comprehensive documentation to support your organization's accessibility compliance efforts with detailed legal backing.
Ongoing accessibility monitoring designed to identify and track issues across your digital properties as they arise. Real-time issue detection ensures you stay ahead of potential compliance gaps.
IAAP-certified professionals provide accessibility remediation guidance and support for identified issues. Our certified experts ensure every fix meets WCAG 2.2 AA standards and best practices.
Detailed documentation of accessibility testing, remediation efforts, and ongoing monitoring activities. Comprehensive documentation records support your organization's compliance efforts and demonstrate continuous improvement.
$5.15 Million Settlement After 5 Years of Litigation
A blind customer filed a lawsuit against Fashion Nova claiming their website was not compatible with screen readers. Instead of settling early, the company fought the case for five years, resulting in a class action settlement of $5.15 million over 500 times the typical $10,000 early settlement amount.
$5.15M
Total Settlement
5 Years
Litigation Period
$4,000
Per Class Member (CA)
Key Lesson: Most web accessibility lawsuits settle for $10,000-$75,000 when addressed promptly. Fighting accessibility claims dramatically increases costs through legal fees, extended litigation, and larger settlements. Early compliance and good faith efforts are far more cost-effective.
Private lawsuits claiming digital accessibility barriers violate the Americans with Disabilities Act.
California Unruh Civil Rights Act, New York Human Rights Law, and other state-level regulations with monetary damages.
California's Unruh Act allows disabled plaintiffs to recover statutory damages of $4,000 per violation for digital accessibility barriers, making California cases particularly expensive. California courts have interpreted the Unruh Act to apply to websites, especially when connected to physical businesses.
Section 508 compliance required for government contractors and federal agencies.
Federal and state laws, along with DOJ enforcement actions, establish requirements for maintaining accessibility over time.
28 CFR § 35.200 (DOJ Final Rule)
"A public entity shall ensure that … web content … and mobile apps … are readily accessible … whether provided directly or through contractual, licensing, or other arrangements."
This requirement means public entities must maintain accessibility of their digital services over time, not just achieve compliance once.
OIT Accessibility Law Overview
"Publish a technology accessibility statement … [and] post a plan on your website that demonstrates making progress toward removing accessibility barriers … Public entities don't have to make all their digital content accessible overnight. However, they must show they are making progress…"
Colorado law explicitly requires demonstrating ongoing progress toward accessibility compliance.
Cal. Gov. Code § 11546.7
"Before July 1, 2019, and before July 1 biennially thereafter … the director and chief information officer … shall post … a signed certification … that the website is in compliance with … the Web Content Accessibility Guidelines … Level AA."
California mandates recurring certification every two years, requiring ongoing compliance verification.
Department of Justice consent decrees and settlements consistently require ongoing testing, monitoring, and reporting:
DOJ Consent Decree
Ordered to create a committee "charged with monitoring and maintaining conformance" with WCAG.
DOJ Settlement
Required to run accessibility tests "at least once every six months" and report results.
DOJ Press Release
Ordered to make "all future and the vast majority of its existing online content accessible."
Summary: Federal law through ADA Title II, state laws such as Colorado HB21-1110 and California AB 434, and DOJ case law all demonstrate the same requirement: accessibility must be maintained over time through ongoing monitoring, testing, and compliance efforts.
How comprehensive documentation supports your compliance efforts in different situations.
Inquiry received regarding website accessibility compliance
Result: Documented evidence of good faith compliance efforts
Internal or external review of accessibility compliance status
Result: Thorough documentation of compliance program
Government agency or contract authority requests accessibility documentation
Result: Complete documentation package for review
Start building a comprehensive accessibility program with expert monitoring, professional remediation, and detailed legal documentation support.
Important Note: A3S provides accessibility consulting, testing, monitoring, and remediation services. We do not provide legal advice. Our documentation is designed to support your compliance efforts but does not guarantee specific legal outcomes. For legal advice, please consult a qualified attorney.