ADA accessibility lawsuits

Our company has been hit with an ADA accessibility lawsuit, and of course we are very shocked. We relied on a Shopify theme that was represented as accessible and didn’t use our own developer or anything like that. The lawsuit has a lot of claims that are inaccurate, like saying that our checkout needs a mouse. I tested it myself, and you can checkout with the keyboard. It’s a standard Shopify checkout, we didn’t alter it in any way.

I now know this is a problem that has affected many Shopify stores. Does anybody who’s been through it have any advice? We do not have money for a settlement or lawyer.

Currently on the same boat. Bit of a tough situation since checkout portion is controlled by shopify and untouchable by me or any dev.

Hi Tough_Traveler! I’m new to the discussion board here, and just seeing your question. I know it’s been 3 months since you posted, but did you get the help you needed? If not, I’m glad to try to answer questions. I run an agency that helps eComm sites with accessibility and ADA compliance. Happy to point you toward resources if you still need help.

You may want to read the EcomBack 2024 Website Accessibility Lawsuit report and ask for a free audit.

Just remember that any “free audit” is likely only an automated scan. These scans only pick up about 30% of all accessibility issues. For instance, they cannot flag anything about whether your site has a problem with keyboard navigation (which is used by both vision impaired and mobility impaired users). An automated scan is a great place to start, but just know that that’s not going to get everything that you need to fix.

The free audits EcomBack does include manual testing.

It is amazing the Shopify out of the gate seems to be not ADA compliant. This has been going on for some time. Sorry to hear about that…

Ask yourself where in any terms is platform A is assuming ALL your legal liabilities, real or imagined?
Ask yourself: has MY lawyer looked this over to set me straight?
Ask yourself: regardless of accessibility have I invested in understanding and improving my digital presence so when I need to I can improve anything including accessibility

It’s a LOOOONG list for “full” compliance or other scare phrases, some which don’t always make sense.

If your being “legally” “threatened” ; BIG air quotes.
Then keep in mind most “lawsuits” are trolls pushing scare tactics bs relying on merchant ignorance to collect an unresisting payday.
Talk to an actual lawyer before you do anything even replying to this forum post.
Stop reading, go get a lawyer, no don’t reply, lawyer, now.