What attorneys should know about automated website accessibility tools

Website accessibility is a fast-growing area of legal liability, with fines and settlements ranging up to tens of thousands.

Reports show that the number of plaintiffs who have filed an ADA Title III lawsuit has increased by 320% since 2013.

Web Content Accessibility Guidelines (WCAG) conformance is a sticky area for businesses to get right. Most website and business owners don't have the skill set to achieve full website accessibility on their own. Many also don't have the financial resources to devote to top-notch accessibility compliance.

Thanks to this pain point, a number of automated tools have come onto the market. Some of these tools promise business owners that for a low monthly fee, all their website compliance needs will be filled.

Unfortunately, this is not the case. Automated website accessibility tools can play a valuable role in improving accessibility compliance. But, if not used in the right way, they can also leave website owners wide open to liability.

Are you an attorney who deals with accessibility compliance cases?

Keep reading for more information on the uses and limitations of compliance automation.

Automated Website Accessibility Tools Can Lower Costs For Businesses

Comprehensively remediating a website can be a costly, involved undertaking. Depending on the size and complexity of the website, auditing and remediation can take time. It can also require a fair financial outlay from business owners.

Many smaller businesses simply can't afford the cost of complete compliance. This is a well-recognized problem in the market.

Enter website accessibility tools. So far, these tools have been a double-edged sword.

Automated tools can play a role in reducing the barriers to full remediation. However, they aren't a turnkey solution.

Automated tools can quickly scan huge amounts of data. Through this, they can identify basic compliance issues, such as missing alt tags. Alt tags are one of the five most common accessibility barriers.

Automated tools can also uncover error patterns. This allows developers to get a top-down view of remediation needs.

The data that automated AI tools generate can help developers:

Sort through issues
Determine which accessibility issues are the most important to a website's usability
Identify less significant issues
Create a tailored remediation plan that targets the most critical accessibility barriers

All combined, AI tools can help developers maximize the efficient use of their time. This can result in cost savings which then get passed down to the website owner.

However, automated accessibility is still very far from being a one-stop remedy.

Automated Tools Are Not Enough to Ensure Website Compliance

Compliance automation can improve efficiency and drive down costs. Unfortunately, relying solely on automated tools leaves site owners wide open to liability.

Automation tools can help developers identify accessibility gaps. However, this doesn't mean they're a replacement for manual testing and remediation.

The pattern-spotting capabilities and speed of automated tools allow developers to scan vast amounts of codes within seconds. But, a compliance automation tool cannot pick up everything.

For instance, let's say an eCommerce site has a product image of a pair of black leggings. The alt tag should say "black leggings." But instead, it says "black jeggings." Jeggings and leggings are two different product types.

The shopper is looking for a pair of leggings. They do not want thicker, jean-like jeggings.

A small discrepancy like this will pass under the radar of an automation tool. For a customer who's visually impaired, it could be a source of frustration at best. At worst, it could lead them to buy the wrong item of clothing.

This is just one small example of the things an automated tool will miss. Compound this (and other issues) over an entire site? It will stand zero chance of achieving accessibility compliance.

Thanks to these capability gaps, the US government specifically warns against automated-only remediation. As per the General Services Administration website:

"Automated scanning cannot determine if a website is accessible or conformant with accessibility standards. Many accessibility checks require human judgment and must be evaluated manually using different techniques."

The Problem With AI Overlays

As we've outlined, automated tools haven't yet reached the stage where they're a set-and-forget service. This in and of itself isn't a problem. The technology is already assisting developers in creating more efficient website compliance processes.

The main problem lies in the marketing of compliance automation.

There are a variety of services that offer what's known as AI overlays. Some of these services hint that AI overlays can render sites completely ADA-compliant. A simple injection of code, a small monthly fee, and no more website compliance worries.

Most AI overlays don't specifically guarantee accessibility compliance. However, certain buzzwords can effectively overstate product capabilities.

Site owners are led to believe that automated detection will protect them. Ongoing remediation processes that work in the background are supposed to keep their site accessible.

Site owners are desperate for affordable, scalable solutions. If a web accessibility overlay promises a quick, cheap fix, it's likely to rake in business.

Unfortunately, site owners who believe these marketing claims can land in serious trouble.

One example of this is the recent Eyebobs lawsuit. Last year a visually impaired plaintiff won a class action lawsuit against the eyewear company, even though Eyebobs had deployed a market-leading web accessibility overlay.

This is just one example.

Reports show that 250 lawsuits were filed against businesses using overlays during 2020 alone.

How To Make a Website More Accessible

Now that we've covered what makes a website accessible, let's apply that information, so your clients' websites don't miss the mark. An excellent way to make a website more accessible is to offer an alternative way to consume media.

Many websites contain audio and video content to make the website more informational and interactive. If there is any audio content on your client's site, make sure they add a transcription of the audio. For any video content, it is best to add captions properly synced with the content and audio that is clear to hear.

How Site Owners Can Achieve Comprehensive Website Accessibility

Website accessibility is no longer something site owners can afford to forget.

So how can businesses effectively comply with the Web Content Accessibility Guidelines? Relying on automation tools is a risky route. Although AI overlays can improve website accessibility, they won't render sites ADA compliant.

To protect themselves and move the needle on accessibility, site owners need to look further.

The leading accessibility services use software solutions combined with in-depth manual processes.

For instance, at Biz Builders, our clients receive manual audits, implementation, and confirmation. Through tailored implementation plans, we are also able to balance costs and timing with compliance.

All site owners need to do is request an accessibility report to get the ball rolling.