When ADA Title III website accessibility becomes a topic in risk committee meetings, certain questions always arise. These are the questions that general counsel fields from business leaders, the ones insurance brokers struggle to answer, and the ones that determine whether your organization approaches accessibility as a compliance program or a litigation issue.
Here's what risk managers need to know when facing a lawsuit, based on the most pressing questions when you're served with a summons.
Do We Really Only Have 21 Days to Respond?
Yes, the deadline is strict.
You have 21 days from the date of the summons to file a response. This countdown starts on the service date, not when you first hear about the lawsuit. If you agree to waive formal service under the Federal Rule of Civil Procedure, you might extend this to 60 days. Organizations outside the US have 90 days.
Missing this deadline can lead to a default judgment in the plaintiff's favor, which may include injunctive relief, attorney's fees, and possibly monetary damages if state laws apply. Your first call should be to an attorney who specializes in website accessibility cases.
If We Fix the Site Immediately, Does the Case Go Away?
Not automatically.
Voluntary remediation can make the case moot, but under the Buckhannon rule, it doesn't automatically entitle the plaintiff to attorney's fees. A plaintiff usually needs a judgment, settlement, or court order in their favor to collect fees.
This creates a strategic decision: whether to fix the issue immediately, negotiate, or contest the claim. This decision should be made with your attorney, considering the specifics of your case.
What's the Actual Financial Exposure Here?
Under the federal ADA, private plaintiffs can't collect money damages. They can only seek injunctive relief and attorney's fees if they win.
Attorney's fees drive the economics of these cases, often reaching five or six figures. However, state laws like California's Unruh Civil Rights Act and New York's Human Rights Law do allow for monetary damages, increasing exposure in those jurisdictions.
Notify your insurance broker immediately if you have general liability insurance. Coverage for website accessibility claims varies, and failing to notify can void coverage.
How Long Does This Take to Resolve?
Most cases that settle take 6 to 18 months from filing to settlement.
This period includes mediation, discovery if necessary, and settlement negotiations. Settlements typically include a 90 to 180-day remediation window to achieve WCAG 2.1 or 2.2 Level AA compliance, plus a 1 to 3-year monitoring period.
During monitoring, you must prove compliance through regular scans or reports. Documented remediation history is crucial to avoid reconstructing actions later, which is costly and risky.
Do These Cases Actually Go to Trial?
Almost never.
Limited defenses, the cost of litigation, and the absence of money damages push most cases toward settlement. Either party can request a summary judgment, but trials in ADA Title III website cases are rare.
Both sides have strong incentives to settle before a trial date is set, due to the costs and risks involved.
What Happens If We Don't Respond Assistive Technology All?
The plaintiff can request a default judgment.
This judgment can include attorney's fees and, in some states, monetary damages. The court won't hear your side, and you'll lose the chance to negotiate settlement terms or remediation timelines.
Ignoring a lawsuit increases costs and eliminates strategic options.
Does Early Mediation Actually Help?
Yes, when available.
Some courts offer early mediation to resolve disputes before discovery. This process typically takes 3 to 8 weeks and can save significant costs.
Successful mediation results in a signed agreement detailing what needs fixing and by when, without requiring a judge's involvement. If mediation fails, the case proceeds, but you've only invested weeks, not months.
The main advantage of early mediation is control over remediation timelines, monitoring requirements, and fee amounts.
Where to Go for More
If you're facing a lawsuit, find an attorney specializing in website accessibility cases. To avoid lawsuits, document your current state of conformance and create a remediation roadmap with clear accountability.
Monitoring periods in settlements ensure compliance is maintained, requiring systems that produce audit trails, not just one-time fixes. ADA Title III
