💻 Website Accessibility Violations in California

California has the strongest website accessibility laws in the nation. Under the Unruh Civil Rights Act, businesses that operate inaccessible websites face $4,000 minimum statutory damages per visit - and those damages compound with each encounter.

Why California Leads in Web Accessibility Enforcement

California's Digital Accessibility Advantage

Unlike federal ADA claims (which only provide injunctive relief), California's Unruh Act provides:

  • $4,000 minimum statutory damages per discriminatory encounter
  • Actual damages for any quantifiable harm
  • Attorney fees to prevailing plaintiffs
  • Injunctive relief requiring website remediation
  • No intent requirement - ADA violations automatically trigger Unruh liability

What Makes a Website Inaccessible?

The Web Content Accessibility Guidelines (WCAG) 2.1 Level AA is the recognized standard for website accessibility. Common violations include:

  • Missing alt text - Images without text descriptions for screen reader users
  • No video captions - Videos lacking closed captions or transcripts
  • Keyboard traps - Interactive elements that cannot be accessed without a mouse
  • Poor color contrast - Text that is difficult to read for users with low vision
  • Unlabeled form fields - Forms that screen readers cannot interpret
  • Missing focus indicators - No visible focus when tabbing through elements
  • Inaccessible PDFs - Documents that cannot be read by assistive technology

⚠ Common Website Accessibility Barriers

These are the most common accessibility violations I encounter in California website accessibility cases:

Screen Reader Inaccessibility

Website cannot be navigated or understood by blind or low vision users using screen readers (JAWS, NVDA, VoiceOver). Missing alt text, unlabeled buttons, inaccessible forms, and improper heading structure prevent screen reader users from accessing content.

No Captions/Transcripts for Deaf Users

Videos and audio content lack closed captions or transcripts, denying deaf and hard-of-hearing users access to multimedia content. This includes product videos, tutorials, webinars, and customer support content.

Keyboard Navigation Impossible

Website cannot be navigated using keyboard alone, preventing users with motor disabilities from accessing content. Dropdown menus, modals, carousels, and checkout flows often trap keyboard users or are completely inaccessible.

Inaccessible Mobile App/Checkout

Mobile applications and e-commerce checkout processes that cannot be used with assistive technology. Payment forms, shopping carts, and account management features commonly fail accessibility requirements.

Screen Reader Compatibility is Critical

Screen readers are assistive technology that read website content aloud for blind and low vision users. If your website doesn't work with screen readers like JAWS, NVDA, or VoiceOver, you are excluding millions of potential customers and exposing your business to significant legal liability. Screen reader testing is a core component of WCAG 2.1 AA compliance.

⚖ California Legal Framework

I rely on these California and federal laws to enforce website accessibility rights and recover damages.

Key Legal Authorities

📚

Unruh Civil Rights Act (Cal. Civ. Code 51-52)

California's primary civil rights law prohibits discrimination by business establishments. Critically, any violation of the ADA is automatically a violation of the Unruh Act, entitling plaintiffs to $4,000 minimum statutory damages per violation. The Unruh Act applies to websites that offer goods or services to California residents.

📚

ADA Title III - Public Accommodations (42 U.S.C. 12181)

Title III of the Americans with Disabilities Act prohibits discrimination in places of public accommodation. Courts have consistently held that websites are either public accommodations themselves or have a sufficient nexus to physical places of business to be covered. The DOJ has confirmed that the ADA applies to websites.

📚

WCAG 2.1 Level AA - The Accessibility Standard

While not a law itself, the Web Content Accessibility Guidelines 2.1 Level AA is the de facto legal standard for website accessibility. DOJ guidance, court settlements, and consent decrees consistently reference WCAG 2.1 AA as the compliance benchmark. It covers perceivability, operability, understandability, and robustness.

📚

California Government Code 11135

For state-funded programs and entities, Section 11135 prohibits discrimination and requires accessibility. This applies to government websites, contractors receiving state funds, and programs administered by state agencies. Incorporates federal accessibility standards including Section 508.

The Unruh-ADA Connection

California Civil Code Section 51(f) provides that a violation of the ADA is per se a violation of the Unruh Act. This means plaintiffs don't need to prove intentional discrimination - an ADA accessibility violation automatically triggers Unruh Act liability and the $4,000 minimum statutory damages.

Statute of Limitations

Unruh Act claims: 2 years from the discriminatory act. ADA claims: No explicit statute, but courts apply state personal injury limitations (2 years in California). Each website visit where discrimination occurs can be a separate violation, so the clock resets with each encounter.

✅ Evidence Checklist

I gather this evidence to build the strongest case for website accessibility violations.

Documentation of Barriers

  • ✓Screenshots of inaccessible elements
  • ✓Screen recordings of accessibility failures
  • ✓Automated accessibility scan results (WAVE, axe)
  • ✓Manual testing with screen reader

Personal Impact

  • ✓Documentation of your disability
  • ✓Record of assistive technology used
  • ✓Dates and times you attempted to use site
  • ✓Products/services you could not access

Business Information

  • ✓Business name, address, and website URL
  • ✓Physical locations in California (if any)
  • ✓Evidence business serves CA customers
  • ✓Any prior complaints or notifications sent

Free Accessibility Testing Tools

These tools can help document WCAG violations:

  • WAVE - wave.webaim.org - Free browser extension for accessibility evaluation
  • axe DevTools - Free Chrome/Firefox extension for automated testing
  • Lighthouse - Built into Chrome DevTools, includes accessibility audit
  • Screen Reader Testing - VoiceOver (Mac), NVDA (Windows, free), JAWS (Windows)

💰 Recoverable Damages

When a business operates an inaccessible website, I can recover these damages under California law:

Damage Type Description Amount
Unruh Act Statutory Damages Minimum damages per visit/encounter with discrimination $4,000 minimum per visit
Actual Damages Lost business opportunity, alternative costs incurred Varies by case
Attorney Fees Recoverable by prevailing plaintiff under Unruh Act Full reasonable fees
Injunctive Relief Court order requiring website to be made accessible WCAG 2.1 AA compliance
Multiple Violations Each visit where discrimination occurred compounds damages $4,000+ x visits

Sample Damages Calculation

Example: Blind user encountered inaccessible e-commerce checkout on multiple visits

5 documented visits to inaccessible website ($4,000 each)$20,000
Actual damages - purchased from competitor at higher price$150
Lost opportunity - could not access sale prices$200
Minimum Statutory + Actual Damages$20,350
Attorney fees (recoverable by prevailing plaintiff)+ fees

Multiple Visits = Compounding Damages

Under the Unruh Act, each visit or encounter where you experienced discrimination is a separate violation. If you visited an inaccessible website 10 times attempting to complete a purchase, that could be $40,000+ in statutory damages alone. Courts have awarded substantial damages in cases involving multiple visits.

📝 Demand Letter Template

I use this template structure when sending website accessibility demands. Customize the highlighted portions for your specific situation.

Opening - Accessibility Violation Demand
VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED

[DATE]

[BUSINESS NAME]
[BUSINESS ADDRESS]

RE: Demand for Website Accessibility Compliance - Unruh Civil Rights Act and ADA Title III Violations
Website: [WEBSITE URL]

Dear [OWNER/LEGAL DEPARTMENT]:

This letter constitutes formal demand for immediate remediation of accessibility barriers on your website pursuant to the California Unruh Civil Rights Act (Cal. Civ. Code Sections 51-52), Title III of the Americans with Disabilities Act (42 U.S.C. Section 12181 et seq.), and the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA.
Statement of Disability and Barriers Encountered
I am a [blind/visually impaired/deaf/hard of hearing/mobility impaired] individual who resides in California. I use [screen reader software (JAWS/NVDA/VoiceOver)/keyboard navigation/closed captions] to access websites and digital content.

On [DATE(S)], I attempted to access your website at [URL] to [purchase products/access services/obtain information]. Despite my attempts, I was unable to [complete my purchase/navigate the site/access video content/use the checkout process] due to the following accessibility barriers:

Specific WCAG 2.1 AA Violations:
1. [Missing alt text on images - WCAG 1.1.1]
2. [Videos without captions - WCAG 1.2.2]
3. [Keyboard navigation impossible - WCAG 2.1.1]
4. [Form fields not properly labeled - WCAG 1.3.1]
5. [Insufficient color contrast - WCAG 1.4.3]
Legal Basis and Damages
Your website's inaccessibility violates both the Americans with Disabilities Act and the California Unruh Civil Rights Act. Under Cal. Civ. Code Section 51(f), any violation of the ADA is also a violation of the Unruh Act, entitling me to statutory damages.

Under Cal. Civ. Code Section 52(a), I am entitled to:
- Statutory damages of $4,000 minimum for each occasion of discrimination
- Actual damages for the harm suffered
- Attorney fees and costs

I visited your inaccessible website on [NUMBER] separate occasions, each time encountering the same barriers. This entitles me to statutory damages of at least $[NUMBER x $4,000].
Demand and Deadline
DEMAND:

1. Immediately begin remediation of your website to comply with WCAG 2.1 Level AA accessibility standards.

2. Provide a written accessibility remediation plan within 15 days, including timeline for completion.

3. Pay statutory damages of $[AMOUNT] for the discrimination I have experienced.

4. Confirm that your website will be made accessible to users with disabilities.

You have 30 days from receipt of this letter to respond with a satisfactory resolution. If I do not receive an adequate response, I will file suit in California Superior Court seeking statutory damages, actual damages, injunctive relief requiring WCAG 2.1 AA compliance, and attorney fees as provided by the Unruh Civil Rights Act.

This matter can be resolved without litigation if you act promptly to remediate the accessibility barriers and compensate me for the discrimination I have experienced.

Sincerely,

[YOUR NAME]
[YOUR ADDRESS]
[YOUR EMAIL]

🖩 Website Accessibility Damages Calculator

Use this interactive calculator to estimate potential damages in your case. Enter your information below to get an estimate of recoverable damages.

Actual money lost or spent
Additional losses caused by the issue

📈 Estimated Damages Breakdown

Direct Damages $0
Consequential Damages $0
Emotional Distress (Est.) $0
Statutory Penalties (Est.) $0
TOTAL ESTIMATED DAMAGES $0
Disclaimer: This calculator provides rough estimates for educational purposes only and does not constitute legal advice. Actual damages vary significantly based on specific facts, evidence strength, and many other factors. Consult with a qualified California attorney for an accurate case evaluation.

❓ Frequently Asked Questions

Does the ADA apply to websites in California?
Yes. Under ADA Title III, websites of public accommodations must be accessible to people with disabilities. California courts have consistently held that websites are covered, especially when connected to physical businesses or providing goods/services to Californians. The DOJ has issued guidance confirming websites must be accessible under the ADA.
How much can I recover for website accessibility violations in California?
Under California's Unruh Civil Rights Act, you can recover $4,000 minimum statutory damages for EACH visit or encounter where you experienced discrimination. This is in addition to actual damages, attorney fees, and injunctive relief. Multiple visits compound damages significantly. Unlike federal ADA claims which only provide injunctive relief, California's Unruh Act provides substantial monetary damages.
What accessibility standard applies to websites in California?
WCAG 2.1 Level AA is the generally accepted standard. While the ADA doesn't specify a technical standard, courts and settlements consistently reference WCAG 2.1 AA as the benchmark. This requires text alternatives for images, captions for videos, keyboard navigability, sufficient color contrast, screen reader compatibility, and clear navigation.
Can I sue a company for an inaccessible mobile app?
Yes. Mobile applications are treated the same as websites under the ADA and Unruh Act. If a business offers a mobile app that is inaccessible - such as being unusable with VoiceOver or TalkBack screen readers, lacking closed captions, or having inaccessible checkout flows - the same $4,000 per encounter damages apply.
Do I need to notify the business before filing a lawsuit?
While not legally required in California, sending a demand letter is strategically advisable. It documents your good faith attempt to resolve the issue, often leads to faster settlement, and demonstrates to courts that litigation was necessary. California has no pre-suit notice requirement for Unruh Act claims.
Why does California lead the nation in website accessibility lawsuits?
California leads because the Unruh Act provides $4,000 minimum statutory damages per violation - far more than most states. Additionally, California allows Unruh Act claims based on ADA violations without proving intentional discrimination, has a large population of people with disabilities, is home to many tech companies, and has plaintiff-friendly courts.

🚀 Next Steps

Step 1: Document the Accessibility Barriers

Take screenshots, record screen reader failures, and run automated accessibility tests (WAVE, axe). Document every visit where you encountered barriers.

Step 2: Record Each Encounter

Keep a log of every visit to the inaccessible website, including dates, times, and what you were trying to accomplish. Each visit is a separate violation worth $4,000+.

Step 3: Send Demand Letter

Use my template above to send a formal demand via certified mail. Give the business 30 days to respond with a remediation plan and settlement offer.

Step 4: File Complaints

Report violations to the Department of Justice, California Department of Fair Employment and Housing, and if applicable, the California Attorney General.

Step 5: Consult an Attorney

Website accessibility cases often settle favorably. An attorney experienced in ADA/Unruh litigation can maximize your recovery and ensure proper remediation.

Encountering Inaccessible Websites?

I help Californians with disabilities enforce their digital accessibility rights under the Unruh Act and ADA. $4,000 minimum per violation plus attorney fees.

Questions? Email me directly at owner@terms.law