All about accessiBe's Litigation Support Package

Even with ongoing efforts to make your website accessible, businesses may still face legal claims. That’s why we at accessiBe have created the Litigation Support Package (LSP) to provide comprehensive assistance when these challenges arise (based on plan purchase). 

Whether you’re in need of responding to a demand letter or a formal lawsuit, our LSP equips you and your legal team with expert guidance, detailed documentation, and personalized resources to help you respond with confidence. 

Our track record with our “litigation support program” is excellent. We are not aware of any customer that has been found liable based on our widget not having fixed WCAG issues as needed for ADA compliance. Our goal is to simplify the complexities of accessibility litigation, enabling you to address claims efficiently so you can focus on your business.

Why is this happening? 

Even with accessWidget on your website, lawsuits can still happen. Unfortunately, anyone can file a lawsuit, even without grounds. Plus, some lawyers fire out demand letters without actually checking the site or by using limited scanning tools.

What is accessiBe’s Litigation Support Package?:

• accessiBe’s Litigation Support Package provides businesses with expert guidance, detailed documentation, legal research and ongoing support to address accessibility-related legal claims with confidence.
• You’ll get professional, unparalleled support as the accessiBe team works closely with your team to ensure timely responses, helping to reduce the complexity and time involved in managing claims.

What does the Litigation Support Package include?

We offer a wide range of capabilities, all designed to make the process as smooth as possible for you and your team:

Violation claim analysis & response

When a claim arises, we meticulously analyze any alleged violation. Our team reviews the details and provides a clear, comprehensive response. This enables you to counter unwarranted claims with confidence and accuracy, giving your legal team the information they need to address the situation quickly and effectively.

Compliance audit & overview

We’ll conduct a thorough compliance audit, breaking down your webpage’s adherence to WCAG 2.1 Level AA standards. This detailed analysis not only helps your legal team but also demonstrates your commitment to accessibility improvements.

Accessibility statement

As part of the package, we provide an accessibility statement that outlines your site’s current accessibility status. This document highlights the proactive steps your business is taking to improve accessibility, showing regulators and claimants that you are taking compliance seriously.

Website testing

To back up your defense, we run accessibility audits on your website using industry-standard tools. We use screenshots and reports from these tests to illustrate your website’s level of compliance and the efforts you’ve made to address accessibility requirements.

Top ADA attorney consultation and monetary pledge

Benefit from a free consultation with a top ADA attorney who will provide you and your team with invaluable guidance and strategic  insights. Additionally, receive a $15k- $20k pledge to if your lawsuit is lost.

Please note that:

1. This service is provided to customers who subscribe to the Scale or Enterprise plans. If you are subscribed to one of our older plans - Advanced and Advanced Plus -   you will not be eligible for attorney consultation and/or the monetary pledge unless you upgrade to a current premium plan.
2. ADA attorney consultation is given for U.S.-based claims only

Important considerations

While accessiBe’s Litigation Support Package offers extensive support, there are a few areas we do not cover. Our role is to empower your legal team with the technical expertise, resources, and documentation they need to handle accessibility claims. We do not pay legal fees, settlement costs, or provide legal advice, and we do not provide indemnification for legal claims. For a more detailed understanding of our LSP offering, please refer to our terms of service.

The benefits of accessiBe’s Litigation Support Package

With accessiBe’s Litigation Support Package, businesses gain access to a range of valuable resources. Our personalized approach, expert guidance, and comprehensive documentation help your legal team navigate claims with confidence, ensuring you are always well-prepared. 

Here are some of the key benefits you’ll receive.

• Empower your legal team
  With accessiBe’s LSP, you’ll get access to the technical documentation your legal team needs to craft a strong defense. Our thorough analyses and comprehensive responses give them the tools to approach each case with clarity and confidence.
• Receive continuous support
  Web accessibility is an ongoing process, and we’re with you every step of the way. Our continuous audits and detailed reports make it easier to demonstrate accessibility and resolve claims.
• Maximize efficiency & resources
  With our expert support, your legal team can handle claims more efficiently. We simplify the process by providing the technical information they need, reducing the time and effort required to address accessibility issues.
• Access top accessibility experts
  When you work with accessiBe, you’re backed by a team of industry-leading accessibility professionals. Our experts are on hand to offer guidance, provide insights, and ensure you have all the resources needed to handle claims swiftly and successfully.
• Tailored, personalized support
  Every case is unique, and so is our approach. We take the time to understand your specific situation and provide personalized support, from documentation to ongoing guidance, ensuring that your response is as effective as possible.
• Timely responses, every time
  We understand the urgency of legal claims, and that’s why we prioritize quick, efficient responses. You can count on us to be there when you need support, helping you address claims immediately and avoid delays.
• Unparalleled support
  There’s no limit to the time we’ll dedicate to supporting you. We’ll work alongside your team for as long as it takes to prepare your defense, ensuring you have the resources you need to navigate even the most complex cases.

Frequently asked questions

1. Who is eligible for accessiBe’s Litigation Support Package?

accessiBe’s Litigation Support Package is only for customers who purchased and installed accessWidget before receiving a demand letter or lawsuit.

2. What does the Litigation Support Package include?

The Litigation Support Package includes technical support and documentation to help you and your legal team counter legal claims. As part of the process, our experts will examine core functionalities within your website using assistive technology such as screen readers, and assess its ability to be navigated via keyboard. We will then provide you with screenshots and reports to help illustrate your website’s compliance level, as well as the efforts you’ve made to address legal requirements. You can read more about this in our Terms of Service.

3. Will accessiBe cover my legal fees or settlement costs?

No, accessiBe does not cover legal fees or settlements and does not provide indemnification for legal claims. We focus on providing technical documentation and expert guidance, but financial or legal liabilities remain the responsibility of the business.

4. How soon after receiving a legal claim should I reach out to accessiBe?

You should reach out to us within 3 business days of receiving a demand letter, lawsuit notice, or other legal claim. This will allow us to review your site and offer an in-depth response to the claims within twenty one business days.

If you can’t contact us within that timeframe, you will absolutely still benefit from the full extent of the litigation support you are entitled to. However, we may not be able to accommodate strict deadlines.

5. Do accessiBe Litigation Support include a lawyer to defend claims in court? 

No. Our Litigation Support doesn’t include a lawyer to defend your claim in court. We work with you and your legal team to provide technical support and all the documentation needed to respond to claims. If you need legal representation, we can provide a recommendation of experienced lawyers who have handled demand letters and claim cases.

6. Does accessiBe offer legal advice?

No, accessiBe does not offer legal advice. We focus on providing technical support, including documentation and analysis, to assist your legal team in addressing accessibility claims. If you require legal counsel, we are happy to recommend an expert ADA Lawyer.

7. Am I eligible for a $15k+ monetary pledge and consultation with an ADA attorney?

If you are subscriber to the Growth, Scale, or Enterprise plans, you will be eligible for a $15k-$20k pledge in case your lawsuit is lost. Additionally, if you are subscribed to the Scale and Enterprise plans, you will be given access to a top ADA attorney for U.S.-based claims (1 hour consultation for Scale plan members; 10 hours for Enterprise plan members).

If you are subscribed to one of accessiBe’s legacy plans, you will need to upgrade to a current plan in order to access these services.

9. How can I access my Litigation Support Package?

To access your Litigation Support Package, simply reach out to us at [email protected] or start a chat on our website.

10. If I do not have an accessWidget license installed and receive a demand letter, can you help me make my website accessible?

If you've received a demand letter and are now considering accessiBe’s accessibility solutions, contact us to find out how we can help.