DISCLAIMER: This article is for informational purposes only and does not constitute legal advice. Always consult with an attorney for guidance specific to your situation.
What Is Website Accessibility?
Website accessibility refers to the design and development of websites so that people with disabilities — including those with visual, hearing, cognitive, or motor impairments — can perceive, understand, navigate, and interact with online content effectively.
The most widely cited set of standards for digital accessibility is the Web Content Accessibility Guidelines (WCAG). These guidelines are developed by the World Wide Web Consortium (W3C) and provide recommendations for making digital content more accessible. The current version in use is WCAG 2.1, with WCAG 2.2 recently finalized.
However, WCAG is not a legally codified standard under U.S. law, which creates confusion and room for exploitation. While the Americans with Disabilities Act (ADA) mandates accessibility for public accommodations, it does not clearly define what constitutes a compliant website — especially for small businesses like dental practices.
The Rise of ADA Website Lawsuits and Demand Letters
In recent years, thousands of small businesses — including dental practices — have received demand letters or been named in lawsuits alleging their websites are not accessible to people with disabilities.
These legal threats often follow a familiar pattern:
- A plaintiff or their attorney claims the website is inaccessible (e.g., missing image alt text, incompatible with screen readers).
- They cite a violation of the ADA (Title III), sometimes referencing WCAG 2.1 as a benchmark.
- A demand is made for a cash settlement, often ranging from $2,500 to $25,000, alongside a request for accessibility fixes.
- Many businesses are targeted multiple times, often by the same law firms or serial filers, regardless of any remediation efforts previously made.
This approach has become known in small business circles as an ADA “shakedown” — exploiting legal gray areas for financial gain without a sincere intent to improve accessibility.
Why This Is Concerning for Dental Practices
Dental websites often include critical patient information, online forms, appointment booking, and education resources. While accessibility is important, many practices are unaware that their site could be targeted — even if they’re already making efforts to improve user experience (or partnering with an agency like DentalScapes that strives to prioritize accessibility).
What makes this situation especially challenging:
- No clear federal standard: There is no universally adopted legal framework defining what “ADA-compliant” means for websites. In fact, various online accessibility “assessment” tools often provide widely different feedback, with some indicating a website is in compliance and others indicating it’s not.
- Disproportionate legal exposure: Small businesses are vulnerable because the cost to fight even a baseless claim often exceeds the cost to settle.
- Opportunistic targeting: These lawsuits are often not driven by genuine access issues, but by the opportunity for easy payouts.
How Other Small Businesses Have Responded
Businesses that receive a demand letter or are sued over website accessibility have taken various approaches. Common responses include:
- Hiring legal counsel: To assess the legitimacy of the claim and respond accordingly.
- Negotiating settlements: Some choose to settle quickly to avoid court costs and public exposure, even if they dispute the claim.
- Fighting the claim: Others choose to contest the claim, especially if the plaintiff has a history of serial filings or if the site was reasonably accessible.
- Investing in remediation: Regardless of legal action, many businesses choose to improve their site’s accessibility to WCAG standards — whether through developer fixes, overlays, or audits.
- Obtaining website accessibility audits and certifications: Some businesses proactively obtain third-party evaluations to demonstrate good faith efforts.
It’s important to understand that there is no guaranteed shield against these claims, but taking steps toward accessibility can reduce risk and improve the overall patient experience.
Final Thoughts
While website accessibility is an important goal, the lack of clear legal standards has led to an environment where some law firms and individuals exploit this ambiguity. Dental practices, like all small businesses, should be informed and prepared — but also cautious in how they respond.
If you receive a demand letter or lawsuit, it’s critical to consult with a qualified attorney who understands digital accessibility and ADA compliance.