During the pandemic, I received a freaked-out call from a longtime client—they were being sued under the Americans with Disabilities Act (ADA). As if navigating the challenges of COVID-19 wasn’t hard enough, this small business faced a new and unexpected threat.

As I tried to help, I began to better understand ADA compliance and its ambiguities regarding website accessibility. Under the ADA, websites need to be accessible to people with disabilities. This includes making sure that all users can easily navigate the site, read the content, and use any features, regardless of their abilities.

I also took the time to research the law firm and plaintiff behind the letters my client received. A simple Google search made it easy to see that the same law firm and the same plaintiff—a 50+-year-old blind man—were repeatedly suing businesses like bikini shops, women’s apparel stores, shoe brands, and hundreds of other small businesses in Florida and New York. It was clear that this wasn’t a genuine effort to improve accessibility but rather a case of serial litigation.

My initial recommendation to my client was, "Let’s fight back." But then came the reality check—the legal fees. This is why most of these cases end up in settlements, with amounts ranging from $500 to $10,000 per case, depending on how well you—or more likely, your lawyer—can negotiate. It’s legally backed extortion that’s hurting small e-commerce merchants across America and also harming the disabled community genuinely advocating for a more accessible web.

I remember spending days googling and searching Reddit (can we make "redditing" a verb? 🤔), desperate for anything that could shed light on these questionable legal practices hurting small businesses. I found a few local news stories, but that was it. So, when I recently stumbled upon The Journal's podcast episode, “Who is Filing Thousands of Disability Lawsuits Against Businesses?” I couldn’t help but smile.

The Journal's podcast episode tells the story of Jason Kraf, a small business owner who decided to fight back against a series of ADA compliance lawsuits. While this subject calls for a seven-part docu-series, it’s a good start in bringing this issue the attention it deserves in the media. While corporations and tech giants often dominate headlines, stories of small businesses—who represent 43.5% of America’s GDP—are harder to find and often relegated to local outlets.

Here’s the link to The WSJ’s The Journal podcast episode. And here’s Jason Kraf’s LinkedIn profile in case you want to thank him, just as I did, for standing up for small businesses.

P.S.: Hopefully, we’ll soon see AI-powered solutions that truly help the disabled community access online content, while discouraging lawyers from using this loophole to extort small businesses.

Don’t Miss Out

Our friends at GiftNote have a very cool opportunity to help you prepare your store for the upcoming Gifting Season. Don’t miss out -Click here to learn more.