Welcome and Introductions

Abby, Business Development Representative at accessiBe:

Hello and welcome, everyone. Thank you so much for joining us for today’s webinar, Accessibility and Your Online Store: From Legal Risk to Opportunity for E-Commerce Sellers.

I’m Abby, a business development representative here at accessiBe and an e-commerce store owner myself.

I’m joined by:

• Kelly Simino, disability rights attorney at Spinal Cord Injury Law Firm
• Christa White, Director of E-Commerce at Two Blind Brothers

Thank you both for joining us today. Here’s a quick overview of what we’ll cover:

• What web accessibility is

• The Americans with Disabilities Act

• The Web Content Accessibility Guidelines

• The cost of accessibility litigation

• E-commerce accessibility lawsuits in 2024

• The Two Blind Brothers success story

• The business benefits of an accessible website

• A live demonstration of accessWidget, our AI-powered accessibility solution

Accessibility Equals Inclusivity

Making your website accessible means welcoming a much larger audience. Around 28% of adults in the United States and 16% of people globally live with a disability. Accessibility is not only the right thing to do. It also creates opportunities for greater growth, reach, and impact.

But what makes a website both accessible and compliant? Kelly will explain the accessibility guidelines, legal requirements, and steps businesses can take to reduce their risk.

Understanding Web Accessibility Law

Kelly Simino, Disability Rights Attorney:

Thank you, Abby, and thank you to everyone for joining us. My name is Kelly Simino. I’m a lawyer based in the Washington, D.C. area, and this issue is especially important to me because I’m also a person with a disability. When I was 16 years old, I was involved in a car accident and became paralyzed. I had to rebuild my life as a person who uses a wheelchair. Very quickly, I learned that much of the world was not designed or built for someone with a significant disability. The positive side of that experience is that I was able to attend law school, start my own law firm, and become an advocate for the disability community.

Web accessibility is incredibly important because digital experiences are now relevant to almost every part of our lives. I’d like to explain the laws surrounding web accessibility, how they apply to online businesses, and what companies can do to reduce the risk of litigation.

The Americans with Disabilities Act

The Americans with Disabilities Act, or ADA, was passed in 1990. At that time, the internet as we know it today did not yet exist. The ADA was created to ensure that people with disabilities had the same rights and access as people without disabilities. In 1990, many of the primary concerns involved:

• Physical access

• Employment

• Communication

• Public services

• Access to goods and services

Today, one of the major questions is whether the ADA applies to websites. The straightforward answer is yes. Although the original legislation predates the internet, the U.S. Department of Justice has confirmed that the ADA applies to goods, services, privileges, and activities offered by places of public accommodation, including those offered through websites.

The Need for More Specific Legislation

The text of the ADA does not provide every detail businesses need when it comes to digital accessibility. It is likely that additional legislation will eventually address web and software accessibility more directly. We have already seen this type of legislation introduced in Congress. In 2022, for example, the Website and Software Applications Accessibility Act was introduced in both the Senate and the House of Representatives. The purpose of that proposed legislation was to affirm that the ADA prohibits discrimination against people with disabilities when they use:

• Websites

• Software applications

• Mobile applications

• Other digital technologies

That legislation did not ultimately become law, but it shows that digital accessibility is an active and developing legal issue.

The Web Content Accessibility Guidelines

Even without more specific federal legislation, businesses are not without guidance. The Web Content Accessibility Guidelines, commonly known as WCAG, provide detailed criteria for digital accessibility. WCAG helps define what websites should do to support people with disabilities, including people who use assistive technologies such as screen readers. These guidelines are widely recognized as the industry standard for ADA-related website accessibility.

There are different levels of WCAG conformance. At a minimum, businesses should establish a strong accessibility baseline. From there, they should continue working toward better accessibility and a more inclusive user experience.

The Rise in Website Accessibility Lawsuits

As a lawyer who tracks legal trends, litigation, and business risk, I can tell you that there has been a sharp increase in ADA digital accessibility lawsuits. Between 2018 and 2024, the number of lawsuits filed increased by 73%.

If a person visits a website and cannot use it because of an accessibility barrier related to their disability, that website may be considered noncompliant with the ADA. The individual may then bring legal action against the business for failing to provide equal access.

That can result in:

• Lawsuits

• Legal fees

• Fines

• Required website remediation

• Reputational damage

As a person with a disability, I also know that the disability community can be extremely brand loyal. People become loyal to companies that recognize the importance of access for everyone. Accessibility is not only the right thing to do. It is also a very strong business decision. If current trends continue, there will be more scrutiny and more litigation involving inaccessible websites.

Why E-Commerce Websites Face Greater Risk

This webinar is particularly relevant to businesses operating e-commerce websites. E-commerce is the most frequently targeted industry for ADA website accessibility lawsuits. That is partly because e-commerce websites are highly transactional. For many online businesses, the website is the primary or only way customers can interact with the company. If a person cannot complete a transaction because the website is inaccessible, the business may face a higher risk of legal action.

In 2024, 77% of website accessibility lawsuits involved e-commerce websites. That is a significant number and demonstrates how important accessibility is for online stores. Many e-commerce businesses are focused on growth and scaling. During that process, accessibility can sometimes be overlooked. When accessibility is left behind, the business becomes more exposed to legal and financial risk.

The Cost of Accessibility Litigation

As a business owner myself, I understand the need to evaluate both cost and risk. Accessibility disputes can become very expensive. If a website is not compliant and someone with a disability cannot use it, the first step may be a demand letter requiring the company to make the site accessible. Even at that stage, costs begin to accumulate.

Expenses may include:

• Attorney fees for the person bringing the claim

• Attorney fees for the business defending the claim

• Accessibility audits

• Website remediation

• Potential settlements or damages

The important thing to remember is that the final outcome will still require the business to make its website accessible. It is simply much more expensive to do that after a legal dispute begins than it would have been to address accessibility proactively.

A business may end up spending as much as $40,000 because it failed to take action earlier.

That is not a strong business decision.

Proactive accessibility can reduce costs while also creating opportunities to reach a much larger part of the population.

The Two Blind Brothers Story

Abby:

Thank you so much, Kelly. That was very insightful.

I’m now going to hand it over to Christa from Two Blind Brothers, who will share the company’s story and its experience with web accessibility.

Christa White, Director of E-Commerce at Two Blind Brothers:

Hi, everyone. I’m Christa, joining you from Two Blind Brothers.

I’m currently based in New York, although our team is located across the United States.

Two Blind Brothers was founded nine years ago by Brad and Bryan Manning.

Both brothers were diagnosed with Stargardt disease as children.

Stargardt disease causes people to gradually lose their central vision.

One day, Brad and Bryan went shopping at Bloomingdale’s and left the store with the same shirt.

They began wondering how that had happened.

They realized that they had not been focused on how the shirt looked. They had been focused on how it felt.

That experience gave them an idea.

They launched an apparel company with the goal of donating 100% of its profits to organizations supporting blindness research and the blind and visually impaired community.

Over the past nine years, we have expanded from apparel into:

• Accessories

• Stuffed animals

• Other products and gifts

Our Three Main Goals

Our mission is built around three main pillars.

Building Awareness

We want to increase awareness of the blind and visually impaired community.

Growing and Supporting the Community

We want to help people find resources and better understand the technologies and products that are available to support them.

Creating Inclusive Experiences

We aim to create an inclusive experience across:

• Our products

• Our website

• Our marketing

• Our customer experience

Wherever possible, our products include tactile Braille elements.

These are not only decorative logos. We try to make Braille a functional part of the product.

Our broader goal is to inspire people to shift their perspective away from what limits them and toward what they can do.

We want people to feel encouraged to try something new and ambitious.

Since launching, we have donated:

• More than $1.7 million to blindness research

• More than $3 million across our different charities and blindness organizations

Why Two Blind Brothers Chose accessiBe

Working with accessiBe was a natural decision for us.

accessiBe has helped us make our website more accessible, maintain compliance, and provide a better experience for our users.

There are three main areas where we have seen success.

Supporting a Small Team

We are a small team of around six people, but we hope to make a large impact.

The onboarding process was easy.

We were able to install the widget and customize it to fit the design of our website.

The monthly audits and ongoing features have also been extremely helpful.

Earlier this week, for example, I received an alert that something on our website no longer met the compliance standard we normally maintain.

With a small team, things can sometimes slip through the cracks.

The audit allowed me and my team to identify the issue and fix it quickly.

That is important because people visit our website from many different places, and we want every user to have a seamless experience.

Improving Navigation and Conversion

Since installing the solution, we have seen improvements in:

• Keyboard navigation

• Ease of use

• Access to accessibility controls

• Overall site navigation

It has also helped improve our conversion rates.

As an e-commerce business, we want to grow.

The more we grow, the more we can donate.

Reducing Customer Support Requests

We have also seen improvements in customer support.

Because the website is easier to use and navigate, we have received:

• Fewer support tickets about accessibility-related issues

• Fewer phone calls from customers who need help navigating or shopping on the website

That has created a better experience for our customers and reduced the support burden on our team.

Check Your Website’s Accessibility

Abby:

Thank you, Christa. That is a beautiful and impactful story.

Now is your opportunity to see how your own website performs when it comes to accessibility.

You can scan the QR code on the screen to use our free tool, accessScan.

The tool will quickly audit your website and identify potential accessibility issues and areas that may need to be fixed.

We’ll give everyone a moment to scan the code.

Now that everyone has had an opportunity to audit their site, don’t worry if you were not able to do it immediately.

We’ll also send you a link so you can check your website later.

Accessibility as a Business Growth Strategy

Let’s look at what web accessibility can mean for an e-commerce strategy.

Accessibility is not only about avoiding risk.

It can also become a powerful business growth tool.

There are many benefits to creating an accessible e-commerce store.

Reducing Legal Exposure

One of the most frequently discussed benefits is reducing legal exposure.

As Kelly explained, regulations are becoming stricter and businesses are facing more lawsuits related to noncompliance.

Improving accessibility is a smart way to protect your business and gain greater peace of mind.

Reaching New Audiences

I like to compare an e-commerce website to a physical store.

Would you rather open your store on a quiet side street or on a busy main road with a large amount of traffic?

Making your website accessible is like moving your store onto that main road.

It opens the door to a much larger audience.

The disability community represents around $3 trillion in spending power.

More potential customers can lead to more sales.

Strengthening Your Brand Reputation

An accessible e-commerce store shows that your brand values inclusion.

Today’s consumers are increasingly conscious of where they spend their money.

People care about the values behind the companies they support.

By creating an experience that welcomes everyone, including people with disabilities, businesses can strengthen their reputation and build deeper long-term loyalty.

Supporting SEO and Site Performance

Making a website accessible can also support site performance and organic traffic.

Accessibility often encourages:

• Cleaner website structure

• Better-organized content

• More usable navigation

• More understandable page elements

• A more user-friendly experience

These improvements can also make it easier for search engines to understand and rank a website.

Potential Tax Credits

Cost is often an important factor when businesses consider accessibility.

Budgets matter.

However, qualifying businesses may be able to receive a tax credit of up to $5,000 for implementing accessibility improvements.

For some small or medium-sized businesses, that credit may cover a substantial portion of the cost.

The Financial Opportunity of Accessibility

We have discussed the general benefits of accessible e-commerce.

Now let’s look at the numbers.

The global disability community holds approximately $8 trillion in disposable income.

When friends and family members are included, that figure rises to around $13 trillion.

That is a substantial market.

On the other side of the equation, businesses lose billions of dollars each year because customers encounter inaccessible websites and choose to shop elsewhere.

Accessibility can therefore be a meaningful revenue driver.

It is smart, impactful, and good for business.

Shopping Abandonment

Around 28% of shoppers with disabilities may abandon a purchase because of accessibility issues.

When navigation and checkout are accessible, customers can complete purchases more easily.

Online Shopping Frequency

Consumers with disabilities shop online nearly twice as often as the average consumer.

That makes accessibility particularly relevant for e-commerce companies.

Organic Traffic

A study referenced during the presentation found that 73.4% of websites that implemented an accessibility solution saw an increase in organic traffic.

Values-Based Purchasing

Customers increasingly want to support brands whose values align with their own.

Around two out of three Americans say that social values influence their purchasing decisions.

By making your site accessible, you are building trust and loyalty with a broader audience.

Platform Integration

accessiBe integrates with many of the major content management and e-commerce platforms commonly used to build online stores.

The solution is designed to be plug and play.

It is fast to install and provides businesses with a straightforward way to begin their accessibility journey.

The solution also scans the website every 24 hours.

This helps identify changes and issues that may appear as the website is updated.

As Christa explained, even strong teams can occasionally allow an issue to slip through the cracks.

Ongoing scanning helps identify those issues.

A free trial is available for businesses that want to test the solution and see how it works on their website.

accessiBe also has customer reviews available on platforms including:

• G2

• Google

• Trustpilot

Customers have described the solution as:

• Quick and easy

• Effective

• A strong accessibility application for e-commerce

• A source of greater peace of mind

Introducing accessWidget

I’d now like to introduce our featured product, accessWidget.

accessWidget is designed to support website accessibility, help businesses work toward compliance, improve inclusion, and reduce potential legal risk.

Let’s look at a demonstration website.

This is a typical e-commerce site similar to many online stores.

One sign that a website is using accessWidget is the blue accessibility icon located at the bottom-left corner of the screen.

When a user selects the icon, they can access a range of preset accessibility profiles.

These profiles were developed with members of the disability community.

Seizure-Safe Profile

The seizure-safe profile is designed to help people with epilepsy and seizure-related conditions browse more safely.

It reduces the risk created by:

• Flashing animations

• Blinking content

• Risky color combinations

Vision-Impaired Profile

The vision-impaired profile makes adjustments intended to support users with visual impairments.

ADHD-Friendly Profile

The ADHD-friendly profile adjusts the experience to make it easier for people with attention-related needs to focus on and navigate content.

Cognitive Disability Profile

This profile supports users who may benefit from a simpler or more structured browsing experience.

Keyboard Navigation and Motor-Impaired Profiles

These profiles improve website usability for people who navigate without a mouse or who have limited motor control.

Blind Users and Screen Reader Support

The widget also provides profiles and adjustments intended to support blind users and people who rely on screen readers.

Manual Accessibility Adjustments

In addition to preset profiles, users can manually adjust the site according to their preferences.

Content Adjustments

Users can change the size and scale of content on the screen.

They can enlarge or reduce elements depending on their needs.

Color Adjustments

Users can adjust:

• Contrast

• Saturation

• Light and dark settings

• Other color-related preferences

Orientation Adjustments

Users can change the way they interact with and move through the page.

For example, they may use:

• A reading mask

• A larger cursor

• Focused viewing tools

These features can make it easier to concentrate on specific content.

The Accessibility Statement

The widget also includes an accessibility statement.

This statement explains what accessiBe is doing on the front end and back end of the website to support accessibility and compliance.

Some businesses choose to publish the accessibility statement as a standalone page on their website.

Others make it available directly through accessWidget.

Both options allow users to understand the accessibility measures being taken.

Keyboard Navigation Demonstration

To show the impact of accessWidget, I’m going to temporarily turn it off.

Imagine that a person with a motor impairment or someone who uses a keyboard rather than a mouse visits this e-commerce website.

They begin moving through the page using the Tab key.

As we tab through the page, the focus moves across different elements and links.

However, when we reach the “Living Room” menu item, which includes a dropdown arrow, the keyboard focus skips over the dropdown options.

The user cannot access the individual pages inside that menu.

As we continue tabbing, the keyboard also skips over:

• Sign-up

• Favorites

• The shopping cart

The shopping cart is especially important because the user needs it to complete a purchase.

The keyboard continues moving through the page without giving the user access to those essential elements.

In this state, the website is not as functional or accessible as it should be.

Now I’ll turn accessWidget back on.

We’ll begin tabbing through the page again.

This time, when we reach the “Living Room” menu, the user can access the dropdown and navigate to the individual pages inside it.

The user can also reach the shopping cart.

That means they can continue to checkout and complete their purchase more easily.

This is a brief overview of the accessWidget solution.

For a more detailed demonstration, businesses can contact the accessiBe team for a full walkthrough.

Accessibility Support for Larger Websites

For larger businesses and high-traffic websites, accessiBe offers additional tools beyond the standard plug-and-play solution.

Web accessibility is more than a checkbox.

It should be treated as part of a broader business strategy.

accessiBe has introduced a package that includes manual testing and custom remediation.

This may be particularly suitable for content-heavy websites that include:

• PDF documents

• Videos

• Multimedia

• Complex digital content

In addition to accessWidget, the package can include:

• Additional accessibility services

• Manual testing

• Custom remediation

• Litigation support

• A $15,000 pledge

The goal is to ensure that businesses feel supported throughout their accessibility journey and have access to the services their website may require.

Questions and Answers

Now that we have explored how accessibility affects e-commerce businesses, let’s answer a few questions.

Question from Linda:

Does the size of my website or company matter?

Kelly:

The brief answer is no.

No company is automatically exempt simply because it is small.

Cases have been brought against companies of many different sizes and across many different types of websites and platforms.

If your business has a presence on the web, there is some level of accessibility risk.

Question from Grace:

Can you use accessWidget on multiple platforms and devices? Is there a limit to the number of accounts or websites allowed?

Abby:

accessWidget operates wherever your website operates.

That includes desktop and mobile websites, as well as browsers such as Chrome and Edge.

There is no general limitation preventing businesses from using the solution across multiple websites or accounts, although the specific subscription arrangement may depend on the business’s setup.

Question from George:

What are the costs or fines associated with an accessibility lawsuit?

Kelly:

The cost varies widely depending on the facts of the case.

Many factors can influence the total amount.

However, these are rarely inexpensive situations.

A business may be responsible for:

• Its own attorney fees

• The plaintiff’s attorney fees

• Fines

• Damages available under federal or state law

• Website accessibility remediation

Legal fees can increase very quickly.

Ultimately, the business will still need to make the website accessible.

That is why proactive accessibility is generally much less expensive than responding after a lawsuit has been filed.

Question from Tom:

Will accessWidget slow down my website or negatively affect the existing user interface or user experience?

Abby:

This is a common question.

The short answer is no.

accessWidget is not intended to slow down the website or negatively affect the standard user interface or user experience.

Accessibility improvements can also support SEO and organic performance.

A study referenced during the presentation found that 73.4% of websites saw an increase in organic traffic after implementing an accessibility solution.

On average, the websites studied experienced approximately a 12% traffic increase after making accessibility improvements.

Accessibility can therefore have a positive effect on the website as a whole.

Giveaway and Closing Remarks

Before we finish, we have a gift for one of today’s attendees.

The prize is a Blind Box from Two Blind Brothers.

The winner will be contacted by email tomorrow.

That brings us to the end of today’s webinar.

Thank you to everyone who joined us.

Kelly, thank you for sharing your legal insight and personal perspective.

Christa, thank you for sharing the Two Blind Brothers story and the impact accessibility has had on your business and your customers.

Kelly:

It has been great. Thank you for having me.

Abby:

Thank you, everyone. Enjoy the rest of your day.