How to File an ADA Claim for Web Site Accessibility Issues

The Americans with Disabilities Act (ADA) requires that places of public accommodation be accessible to people with disabilities. Although there is a lot of controversy on this issue, a website might qualify as a “place of public accommodation.” Accordingly, you can file a claim with the Department of Justice (DOJ) to report a website you cannot use. Take down important information, such as the web address and the dates you tried to use the website. Then you should file a complaint with the DOJ.

Part 1

Part 1 of 3:

Gathering Information

1
Identify who owns the website. In order to bring a complaint, you need to identify the owner of the website. Sometimes this is easy. For example, if you are visiting a company’s website, then the company should own the website.
- If you aren’t sure who owns the website, then look up the owner on www.whois.net. Type in the URL.
- Government websites must also be accessible. For this reason, you can sue if you can’t use a federal, state, or local government website.^{[1]XResearch source}
2
Note why the website is inaccessible. A website can be inaccessible to someone with a disability in a variety of ways. You should note all of the problems you are having using the website. For example, common problems include:^{[2]XResearch source}
- The image has no text equivalent. Blind people and others with low vision often use screen readers or Braille displays to help them read the screen. However, this equipment cannot translate visual images. If the website designer didn’t include a text equivalent for each image, then the website is not accessible.
- Documents are only posted in PDF format. It’s hard to enlarge PDFs. Also, you cannot change the color or font, which some people need to do. Accordingly, people with low vision need a document in Rich Text Format or HTML.
- You can’t change the font size or color. Many people with vision impairments need to change the font size or color so that they can see the information on the screen. However, some websites make it practically impossible to do so.
- Multimedia isn’t accessible. Deaf people might be able to see the video but not hear it. If there is no closed captioning, then the video isn’t accessible.
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3
Print off relevant screens. You might only have trouble using a portion of a website. If so, you should print off the screens you can’t use. You can submit these printouts with your complaint.
- To print a single screen, hold down “Alt” and then press the “PrntScr” button.^{[3]XResearch source}
You also need to document the dates you tried to access the website but were unable to. You can write the dates down on the screens you print off. You need to report this information when you file a complaint.^{[4]XResearch source}
5
Meet with an attorney. You should have an attorney advise you about what other evidence you will need in order to file a complaint. You can get a referral to an attorney by contacting your local or state bar association. Ask for an attorney who specializes in disability law.
- You should call up the attorney and schedule a consultation. At the consultation, you can discuss the merits of filing a complaint.
- You should also talk about your relevant state law. Many states have anti-discrimination laws relating to disability. You may be able to file a complaint or lawsuit based on that law as well. In some states, you can get money compensation, whereas the federal law limits your recovery to a court order to change the website (called an “injunction”) and attorney’s fees.
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Part 2

Part 2 of 3:

Filing an ADA Complaint

The Department of Justice (DOJ) Civil Rights Division has an online complaint form you can fill out. Visit their website.^{[5]XResearch source} You will have to answer a series of questions.
2
Type up a complaint. Instead of using the online form, you can also type up a complaint and submit it to the DOJ. Set up the complaint like a standard business letter. Make sure that you include the following information:^{[6]XResearch source}^{[7]XResearch source}
- Your contact information, including name, address, and phone numbers.
- Contact information for the business or organization that controls the website.
- Description of the discrimination, including the dates.
- Other information you think would be helpful.
- Preferred method of communicating with you. For example, you may prefer telephone or videophone. Alternately, you can request Braille or large print, or electronic documents.
- Whether you are willing to settle the dispute through mediation.
- Copies of supporting documents.
3
Submit your written complaint. If you write out your complaint, then you can submit it by mail or by fax. Make sure to keep a copy for your records in case you need to refer to it later. Send your original to the following:^{[8]XResearch source}
- By fax: 202-307-1197.
- By mail: U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Civil Rights Division, Disability Rights Section – 1425 NYAV, Washington, DC 20530.
4
Submit a complaint by phone or videophone instead. The DOJ also allows you to submit a complaint over the phone or by videophone if doing so would be easier for you. For example, you may want to submit information using American Sign Language over videophone.^{[9]XResearch source}
- You will have to schedule an appointment by calling 1-800-514-0301 (voice) or 1-800-514-0383 (TTY). It can take more than two weeks for the DOJ to contact you.
5
Wait to hear a response. The DOJ is overburdened with complaints, so they may not be able to investigate or bring a lawsuit. However, they should read your complaint and then respond. The DOJ can do any of the following:^{[10]XResearch source}
- Ask you for more information or helpful documents.
- Refer you to a mediation program so you can resolve the dispute with the website owner.
- Refer your complaint to the U.S. Attorney’s Office for further investigation.
- Refer your complaint to a different federal agency to investigate.
- Investigate your complaint and consider whether to file a lawsuit based on your complaint.
6
Check the status of your complaint. You should give the DOJ at least three months to read your complaint and determine what action it wants to take. If you haven’t heard from them after three months, then you should reach out and ask for an update.^{[11]XResearch source}
- You can get an update by calling the ADA Information Line at 1-800-514-0301 (voice) or 1-800-514-0383 (TTY).
7
Participate in mediation. The ADA has a mediation program which you might be referred to. Mediation is voluntary, so you don’t have to participate, but it is often a helpful way to resolve disputes.^{[12]XResearch source} You and the website owner would meet with a “mediator,” who is a neutral third party. The mediator helps you and the other side talk to each other and find a solution you both can support.^{[13]XResearch source}
- There are ADA-trained mediators throughout the nation that you could be referred to. You are not charged to use the ADA mediation service.
- If you agree to mediation, then sign the Release for Referral to Mediation form within 30 days and return it to the DOJ.
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Part 3

Part 3 of 3:

Filing a Lawsuit in Federal Court

1
Hire an attorney. You might have consulted with an attorney before filing a complaint with the DOJ. Now you should seriously consider hiring the attorney to represent you in a lawsuit. You file a lawsuit in federal court, which is not set up for people to represent themselves. Get a referral to an attorney and ask him or her about their attorney’s fees.
- Federal law allows you to get attorney’s fees if you win your lawsuit.^{[14]XResearch source} This can make hiring an attorney affordable, especially if you have a strong case.
- Some attorneys might represent you on “contingency,” which means you don’t pay any fees upfront. Instead, the attorney gets a cut of any amount you win at trial or through settlement.^{[15]XTrustworthy SourceAmerican Bar AssociationLeading professional organization of lawyers and law studentsGo to source}
- Lawyers might be willing to represent you on contingency if you are suing a large company because the attorney can bring a “class action.” In this kind of lawsuit, you and hundreds or thousands of people who cannot use the website band together to bring a single lawsuit.
2
Discuss whether you can sue. The Americans with Disabilities Act prohibits discrimination in the full enjoyment of public accommodations. A place of public accommodation is any facility whose operations affect commerce.
- Currently, the courts are split about whether websites are considered “places of public accommodation.”^{[16]XResearch source} You should talk with your lawyer about whether or not you can sue.
- The Department of Justice will be issuing guidelines in 2018 that should clarify how the ADA relates to websites. Until then, your success may depend on which court you file in.
3
File a complaint in court. A lawsuit starts by filing a “complaint” in court. In this document, you identify yourself as the “plaintiff” and the website owner as the “defendant.” You have to provide background facts and then make a request for attorneys fees and an injunction to order the website owner to make changes.^{[17]XResearch source}
- It costs $400 to file a lawsuit in federal court. Your lawyer will either bill you or advance the costs and deduct them from your final settlement.
4
Receive the defendant’s response. After filing the lawsuit, you send a copy of the complaint and a “summons” to the defendant. The defendant has a limited amount of time to respond. Generally, the defendant will file an “answer” in which they admit, deny, or claim insufficient knowledge to admit or deny each allegation.^{[18]XResearch source}
- Your lawyer should receive a copy of the defendant’s answer. Be sure to contact the lawyer and ask for a copy. It’s best if you keep a file of all documents filed in your case.
5
Defend against a motion to dismiss. Because this area of law is unclear, the defendant might try to get the case dismissed early. Instead of filing an answer, they might file a motion to dismiss, in which they argue that websites don’t qualify as “public accommodation” under federal law so you have failed to state a valid claim.^{[19]XResearch source}
- Your lawyer will have to write a motion opposing the motion to dismiss. If your lawyer did proper planning, then he or she brought the lawsuit in a district that already recognizes websites as places of public accommodation.
6
Participate in discovery. If the lawsuit goes forward, then each side can participate in “discovery,” which is the fact-finding stage of the lawsuit. The purpose is to uncover helpful information. As part of discovery, you may have to give a deposition where you answer live questions under oath. A court reporter will take down the questions and answers.^{[20]XResearch source}
- You should prepare for your deposition. The focus will be on whether you really can’t use the website or if you are exaggerating in order to bring a lawsuit.
- You can prepare with your lawyer for the deposition. Also see Prepare for a Deposition for helpful tips.
7
Engage in settlement negotiations. Many lawsuits involving website accessibility settle before ever going to trial. The company might agree that it should change its website. In order to make the lawsuit go away, they offer you some money compensation and sign an agreement to update the website.^{[21]XResearch source}
- Talk over any settlement agreement with your attorney. Remember, your attorney cannot accept a settlement offer without your approval.
- Like mediation, settlement negotiations are voluntary. You can participate in negotiations but then get up and walk away if the defendant cannot meet your demands.
8
Continue on with the lawsuit. If you can’t reach a settlement, then you will have to continue on with your lawsuit. Your attorney will try to line up witnesses and prepare documents to introduce as evidence at trial.
- Lawsuits can drag on for years, so don’t expect a quick resolution.
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