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Article 06 ยท Website Accessibility

AJG Law Group, PC ยท Consumer Rights Guide

Businesses Are Required to Make Their Websites Accessible. Many Do Not.

If you rely on a screen reader, keyboard navigation, voice control software, or another assistive technology to use the internet, you have probably encountered a website that simply did not work. A form you could not complete. Images with no descriptions. A checkout process your software could not navigate. A video with no captions.

These are not just frustrating experiences. They are, in many cases, legal violations โ€” and California has some of the most powerful protections in the country for individuals who encounter them.

What the Law Requires

Businesses that operate websites open to the public are required to make those websites accessible to individuals with disabilities. This obligation arises from the Americans with Disabilities Act and from Californiaโ€™s Unruh Civil Rights Act, which provides its own independent cause of action.

What Kinds of Barriers Are Violations?

  • Images without alternative text, preventing screen readers from conveying the imageโ€™s content to visually impaired users
  • Forms that cannot be completed using a keyboard alone, excluding users who cannot operate a mouse
  • Videos and audio content without captions or transcripts
  • Pop-up windows or dialog boxes that trap keyboard users and cannot be closed without a mouse
  • Navigation menus that do not function with assistive technology
  • Text that cannot be resized or that disappears when zoomed

Californiaโ€™s Particularly Strong Protections

Under Californiaโ€™s Unruh Civil Rights Act, each violation carries statutory damages of $4,000 โ€” and the business is required to pay your attorney fees. This structure means that an individual with a disability who encountered an inaccessible website can pursue a claim without any out-of-pocket legal cost.

Californiaโ€™s Unruh Act is one of the few civil rights statutes in the country that combines fixed per-violation damages with mandatory fee shifting โ€” meaning the business that discriminated pays all legal costs when you prevail.

Who Can Bring a Claim?

To bring a website accessibility claim, you generally need to have a disability that affects your ability to access websites, have actually attempted to access the specific website and encountered barriers, and be able to identify what those barriers were. You do not need to have suffered financial harm โ€” the denial of equal access is itself the legal injury.

Why This Matters Beyond Litigation

A legal claim often results in the business fixing the accessibility problems as part of the resolution โ€” meaning that pursuing a claim can improve access for all users with disabilities, not just the individual bringing the claim.

If you believe your rights have been violated, contact AJG Law Group, PC for a free consultation.
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