The Americans with Disabilities Act (ADA) is the United States’ most important law is the regarding accessibility and civil rights for people with disabilities. Signed into law in 1990, and updated by George W. Bush in 2018, the ADA prohibits discrimination against anyone based on ability or disability. It came to fruition after a 2-year campaign to advance civil rights to marginalized groups, where disability activists lobbied for laws prohibiting discrimination. The ADA draws on the precedent set by Section 504 of the Rehabilitation Act, which guarantees rights to people with disabilities in the government sector.
How does the ADA affect websites?
As the internet and websites played a bigger role in how consumers interact with businesses, the way that the ADA applied to web accessibility changed.
In 2017, a clear consensus emerged that the ADA also covers the online world. Disability rights activists, legal scholars, and court rulings have agreed that websites, internet portals, and online stores need to be accessible for people with disabilities. In September 2018, Assistant Attorney General Stephen Boyd wrote an official letter to members of Congress explaining it’s mandatory that “goods, services, privileges, or activities provided by places of public accommodation be equally accessible to people with disabilities."
Today, U.S. courts apply ADA accessibility requirements to the internet, meaning websites should comply with ADA rules. Reinforcement was displayed by the Department of Justice in 2022 when it released a new guidance on implementing web accessibility standards and practices, clarifying that the ADA indeed covers web accessibility.
ADA title III-related lawsuits have skyrocketed. There were at least 11,452 federal filings in 2021, which is a 320% increase over a short, eight-year period. And, as of 2020, 265,000 demand letters were sent to businesses that operated were inaccessible websites.
There are a few reasons why ADA web accessibility has become such a hot legal topic:
eCommerce is booming
Total U.S. eCommerce sales reached an all- time high of approximately $960 billion in 2021, and online retail in 2021 purchases now represent almost 15% of all retail spending.
Increased web accessibility awareness
High-profile lawsuits mean Increased web that people with disabilities now know they have legal recourse when they can’t conduct activities online.
The U.S. legal environment makes it easy
A person with a disability The U.s. legal has nothing to lose by filing a lawsuit since ADA Title lll requires the defendant to automatically pay the plaintiff’s legal fees.
Everyone should take ADA lawsuits seriously
Approximately 85% of ADA lawsuits in federal and state courts during 2018 were filed against small and medium retail businesses. Since it’s almost inevitable that the court would find in favor of the plaintiff, small business owners feel that they must settle out of court. The cost of defending a lawsuit could destroy even a medium-sized business, but the average ADA website lawsuit settlement still comes to $35,000.
Your web designer / agency is not responsible/liable for non-compliance unless specifically hired/contracted to include ADA Compliance which is an ongoing, not a one-time-and-done solution.
Think Different Designs has partnered with accessIbe to offers this additional service to clients.
According to ADA title III, every business website has to be accessible to people with disabilities, or it will be at risk of being sued and facing unnecessary legal expenses. We recommend use of our AI and machine learning web accessibility solution to solve this problem. According to our research, this is the most affordable and simple solution in the market today.
Our service provides:
An accessibility statement and certification of performance.
Compliance with WCAG, ADA, EAA & more
Screen-reader & keyboard navigation adjustments
Monthly accessibility compliance audits
Automatic daily monitoring and scans
Dedicated litigation Support Package
Available Pricing Plans
Essential
$37Per Month Billed Annually
This is an add-on to your Essential Hosting Plan that provides you with a cost savings of $12 per month off the retail price of $49 per month for AccessiBe.
One-time $25 set up fee.
What's Included
For websites under 1,000 pages
Compliance with ADA, AODA, EAA, WCAG & more
Accessibility statement & certification of performance
AI-Powered screen reader & keyboard navigation
Accessibility widget for UI and design remediation
This is an add-on to your Premier Hosting Plan that provides you with a cost savings of $14 per month off the retail price of $49 per month for AccessiBe.
Set up fee is waived.
What's Included
For websites under 1,000 pages
Compliance with ADA, AODA, EAA, WCAG & more
Accessibility statement & certification of performance
AI-Powered screen reader & keyboard navigation
Accessibility widget for UI and design remediation
For non-hosting clients, standard pricing for a small-business / small non-profit is $49 a month on the monthly billing plan. Think Different Designs has negotiated a discounted plan for our clients that is reflected in the pricing schedule above.
The DOJ has frequently referenced the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA as the goal for website accessibility, even though this isn’t codified into law. At the moment, WCAG 2.1 is the best measure of web accessibility when it comes to federal law, and it’s unlikely that a WCAG 2.1 Level AA compliant website would be sued for inaccessibility.
DISCLAIMER OF LIABILITY FOR NON-UTILIZATION OF ADA COMPLIANCE SOFTWARE
THIS DISCLAIMER OF LIABILITY ("AGREEMENT" (hereafter referred to as the “Agreement”)) is made on the date of initial payment received
BETWEEN
Website Owner, the Client, an individual or organization that has remitted payment, (hereinafter referred to as the "Client"); and
Website Designer, Developer, Hosting Provider, as Think Different Designs LLC, (hereinafter referred to as the "Company")
WHEREAS, the Company provides software and services related to ADA (Americans with Disabilities Act) compliance (the "Services");
WHEREAS, the Client has not engaged the Company to provide access to and usage of its ADA compliance software (the "Software") to enhance the Client's compliance with ADA standards;
WHEREAS, the Client understands and acknowledges that non-utilization may result in a lack of ADA compliance on the Client's website or digital assets;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:
DISCLAIMER OF LIABILITY The Client acknowledges and agrees that the Company shall not be responsible or liable for any actions, omissions, or damages, whether direct, indirect, consequential, or incidental, arising out of or related to the Client's failure to utilize the Software in a manner consistent with ADA compliance requirements.
ASSUMPTION OF RESPONSIBILITY The Client acknowledges that it is solely responsible for its compliance with all ADA standards, laws, and regulations applicable to its digital assets, including but not limited to websites, mobile applications, and other digital content. The Client agrees that the Company's Software is a tool designed to assist in achieving ADA compliance and failure to utilize this software may result in non-compliance with ADA requirements.
NO WARRANTY The Company makes no warranties, express or implied, regarding the Software's effectiveness in achieving ADA compliance or the absence of legal actions, claims, or damages resulting from non-utilization of the Software.
INDEMNIFICATION The Client agrees to indemnify and hold harmless the Company, its officers, directors, employees, and agents from any claims, actions, liabilities, costs, expenses, or losses arising from the Client's failure to utilize the Software for ADA compliance or any legal action brought against the Client related to ADA compliance.
ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements, understandings, or representations.
GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of California. Any legal action arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Solano County, California.
Last Updated: 10/28/2025
Website Accessibility and ADA Compliance
DISCLAIMER OF LIABILITY FOR NON-UTILIZATION OF ADA COMPLIANCE SOFTWARE
THIS DISCLAIMER OF LIABILITY ("AGREEMENT" (hereafter referred to as the “Agreement”)) is made on the date of initial payment received
BETWEEN
Website Owner, the Client, an individual or organization that has remitted payment, (hereinafter referred to as the "Client"); and
Website Designer, Developer, Hosting Provider, as Think Different Designs LLC, (hereinafter referred to as the "Company")
WHEREAS, the Company provides software and services related to ADA (Americans with Disabilities Act) compliance (the "Services");
WHEREAS, the Client has not engaged the Company to provide access to and usage of its ADA compliance software (the "Software") to enhance the Client's compliance with ADA standards;
WHEREAS, the Client understands and acknowledges that non-utilization may result in a lack of ADA compliance on the Client's website or digital assets;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:
DISCLAIMER OF LIABILITY The Client acknowledges and agrees that the Company shall not be responsible or liable for any actions, omissions, or damages, whether direct, indirect, consequential, or incidental, arising out of or related to the Client's failure to utilize the Software in a manner consistent with ADA compliance requirements.
ASSUMPTION OF RESPONSIBILITY The Client acknowledges that it is solely responsible for its compliance with all ADA standards, laws, and regulations applicable to its digital assets, including but not limited to websites, mobile applications, and other digital content. The Client agrees that the Company's Software is a tool designed to assist in achieving ADA compliance and failure to utilize this software may result in non-compliance with ADA requirements.
NO WARRANTY The Company makes no warranties, express or implied, regarding the Software's effectiveness in achieving ADA compliance or the absence of legal actions, claims, or damages resulting from non-utilization of the Software.
INDEMNIFICATION The Client agrees to indemnify and hold harmless the Company, its officers, directors, employees, and agents from any claims, actions, liabilities, costs, expenses, or losses arising from the Client's failure to utilize the Software for ADA compliance or any legal action brought against the Client related to ADA compliance.
ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements, understandings, or representations.
GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of California. Any legal action arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Solano County, California.
