Would Your Business Survive an ADA Lawsuit?

May 13, 2022

Would Your Business Survive an ADA Lawsuit? 

Businesses with websites that don’t meet the Americans with Disabilities Act guidelines have long flown under the regulatory radar. But that appears to be ending as attorneys target small businesses with ADA demand letters or even take them to court.  



The Washington Post reported that New York went from only 125 ADA lawsuits in 2013 all the way up to 2,744 in 2021. And New York isn’t the only state getting hit. There were 11,452 disability-related lawsuits in 2021. 


What’s at risk if your business website isn’t accessible to people with disabilities? According to UserWay, the fine for not being accessible to the disabled community can range from $50,000 to $100,000. This doesn’t include other fees like paying your lawyer and taking time off from work to work through the legal issues. 


If those sorts of penalties cause you to lose sleep at night, you need to make an ADA-compliant website a priority. Investing in an ADA-compliant website does cost money, but it’s much less expensive and time-consuming than facing an ADA lawsuit. Plus, an accessible website means more people can navigate your website more easily. 


Let’s go over what exactly ADA compliance means, so your firm can avoid getting into legal trouble. 

What ADA Compliance Means

An ADA-compliant website means your site is accessible to users with visual, cognitive, hearing, and motor impairments. Remember that an aging population often has many of these impairments, too, and an ADA-compliant website will help you reach more baby boomers. Website accessibility includes two main components: easy site navigation and understanding what the site's content is about. 


Put yourself in the shoes of someone living with a disability. Visiting a website isn’t as simple as doing a quick Google search, clicking the link, and scanning the content for the information you need. Many people with motor disabilities rely on keyboard-only navigation because they can’t use a mouse. Those with visual impairments need enlarged text or a screen reader to read the content aloud for them. And so on. Your site needs to be accessible to people with and without disabilities, or else your site is an easy target for an ADA demand letter or a legal claim. 

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Risk of Not Being ADA Compliant

If you don’t invest in an ADA-compliant website, you could increase your risk of receiving a demand letter. A demand letter isn’t the same as a lawsuit. It’s the first legal step before on the path to a lawsuit. In other words, it’s a chance to respond to whoever sent you the letter and try to work out the dispute outside of court. Most cases do settle out of court for undisclosed amounts. 


If a demand letter escalates to a lawsuit, you’ll need to go to court, invest in a lawyer, and build a case. This already takes a lot of time and money without factoring in the fines you face if the court doesn’t rule in your favor. In addition to the financial costs, any lawsuit can have a negative impact on your business reputation. 

Decrease Your Chances of Legal Trouble with UserWay

There’s been a dramatic increase in ADA lawsuits in recent years, including against funeral homes. Some lawyers are searching the internet for non-compliant sites and sending ADA demand letters to businesses without ADA-compliant websites.  


How can you make sure your website is more ADA compliant? We partner with UserWay to offer Tribute Accessibility. Tribute Technology delivers this innovative product through its network of Premier Partners including leading providers such as FrontRunner Professional, MKJ Marketing, SRS Computing, Funeral Tech, CFS, and others. With a widget in the form of a single line of code, your website adjusts based on the user’s needs, whether they’re visually impaired, motor impaired, epileptic, or live with another type of disability. 


UserWay provides all its paid subscribers with legal assistance if they need it. Users can let them know right away if they receive a demand letter or ADA lawsuit. UserWay’s legal team provides an assessment of the claim’s validity, a Statement of Compliance as proof your site’s accessible with UserWay’s AI-Powered Accessibility Widget, and, if required, an expert opinion as part of your official response to the claimant.  

What Features an ADA-Compliant Website Includes 

Many features make up ADA-compliant websites. Make sure that your website includes all of them to decrease your legal risk. To read more about what an ADA-compliant website looks like, check out this article. These are just a few of the features. 

  • Accessible call-to-action buttons - Make sure everyone can easily access your call-to-action buttons, no matter if they’re using their mouse or keyboard to navigate it.  
  • Adjust time-constrained elements - Allow users to adjust the time limit for elements like completing lengthy preplanning fields or turn off the time constraints completely. 
  • Avoid content that could trigger seizures - Blinking text and flashing animations could trigger seizures for some users, so let them skip over this potentially triggering content. 
  • Dyslexia friendly font - Fonts like fancy cursive make it difficult for users with dyslexia to read. Let them switch to a dyslexia friendly font to avoid frustration and access your information more easily. 
  • Image descriptions - These appear if your images don’t load or get read aloud for those who need it. Including image descriptions allows people with visual impairments to more fully understand your website.
  • Keyboard-only navigation - Users with disabilities benefit from keyboard-only navigation if they can’t use a mouse. 
  • Light and dark contrast - Make sure your website visitors can read your text and see the color differences with the right amount of light and dark color contrast.  
  • Simplify visuals – Elements like poorly defined images, crowded pages, and distracting images make it difficult for users to understand. An ADA widget simplifies these visuals.  
  • Text transcripts for videos - Those with hearing disabilities rely on text transcripts for videos. Oftentimes, the auto-generated transcripts aren’t accurate, so you should transcribe them yourself or use a more advanced transcription tool.

How ADA Compliance Benefits You and Your Families 

An ADA-compliant site reduces your chances of legal trouble. It also saves your firm time and money. Dealing with an ADA lawsuit can eat up time and money, not to mention put a dent in your firm’s reputation and existing relationships. You can help avoid all this by investing in ADA compliance. 


But most importantly, a website that’s accessible to ALL users better serves your families and community. An accessible website: 

  1. Reaches more people and includes everyone 
  2. Sets yourself apart from the competition 
  3. Gives your employees and families peace of mind that all family members can access your site 
  4. Reduces frustration for people with disabilities while grieving and funeral planning 

Learn more about our partnership with UserWay and how to avoid legal trouble related to web accessibility by visiting our ADA webpage.

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We were flooded with questions during and after our recent Tribute Technology webinar, “ Why Obituaries Should Be Your #1 Focus This Year. ” The session explored a powerful shift in how obituary pages can drive long-term value—and introduced a new opportunity: Tribute Technology’s partnership with Chptr , a company that broadcasts death notices on local TV as part of nightly news segments. Joining us live was Chptr’s Founder and CEO, Rehan Choudhry , who helped funeral professionals understand how this partnership—and the new Tribute Spotlights offering—can strengthen their brand, serve families better, and reconnect with their communities in a meaningful way. If you missed the webinar, you can watch it here . We’ve also rounded up the top questions from attendees—along with expert answers—to help you quickly get up to speed. 1. Can Tribute Spotlights video announcements be shared on our funeral home’s YouTube channel? Absolutely. Both the funeral home and the family receive the finished video, which means you can post it to YouTube, add it to your website, or share it across your social media channels. It’s an easy, shareable way to extend the obituary’s reach. 2. Are some funeral homes paying for the service themselves to grow market share? Yes—and they’re seeing it as a smart investment. Many funeral homes are covering the cost of Tribute Spotlights to differentiate themselves in a crowded market. It’s an added-value service that leaves a lasting impression with families and builds long-term brand recognition in the community. 3. Is it broadcast over-the-air (OTA) and on linear TV? Yes, in most markets. Death announcements air on both: Over-the-air (OTA) : Free, local channels accessible via antenna Linear TV : Scheduled programming via cable or satellite This dual approach ensures maximum exposure, especially for audiences that may not use streaming platforms. 4. Are Tribute Spotlights videos only on-air, or are they also online? Both. Announcements are featured during designated TV broadcast times and published on the station’s memorials webpage, offering families and communities multiple ways to engage. 5. How long are the videos? Each segment is 30 seconds , with individual obituaries typically receiving 3–5 seconds per airing. 6. Does Tribute Spotlights work with CFS websites or only Tribute sites? Tribute Spotlights integrate with all website platforms—including CFS —so you don’t need to change your provider to take advantage of this service. 7. How do families know when and where to watch the broadcast? Each participating market has set channels and air times. Your funeral home will receive all the relevant details, so you can easily pass them along to the families you serve. 8. If we have multiple obituaries, do they split the 30-second segment? Yes. If you submit four obituaries, for example, each typically receives around 7 seconds . In some markets, your funeral home may even qualify for exclusive broadcast segments. 9. Who owns the obituary video? You and the family do. Both parties receive copies with full rights to use, post, or share the video however they’d like. 10. Does each announcement get a full 30 seconds? No, but frequency matters. Each announcement usually gets 3–5 seconds , and they’re aired multiple times —often 10 or more—to maximize reach and visibility. 11. Can we get reporting from the local station? Yes. Tribute Spotlights and Chptr provide pre- and post-airing reports with full analytics, so you can track performance, exposure, and community impact. 12. What’s the average cost per TV spot? Thanks to Tribute Technology’s negotiated pricing , the full announcement package—which includes TV broadcast, video production, and social media distribution—is just $225 on average. Volume discounts are available for funeral homes bundling multiple announcements. Ready to Learn More? Tribute Spotlights is a unique and affordable way to elevate the services you offer while helping families feel honored, seen, and remembered. Whether you're interested in expanding your reach, enhancing your brand, or simply offering something new and meaningful, this tool was designed with your funeral home in mind. Have more questions? We’re always here to help.
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FOR IMMEDIATE RELEASE April 8, 2025 Contact for Further Information: Tribute Technology 315 Raemisch Rd., Ste G Waunakee, WI 53597 press@tributetech.com Tribute Technology Presents Trend ReCON 2025: A ReCONference for the Future of Funeral Service WAUNAKEE, WI — Tribute Technology is proud to announce Trend ReCON 2025, an exclusive two-day event designed to help funeral professionals navigate the evolving landscape of funeral service. The event will take place June 2-3, 2025, at The Joseph in Nashville, Tennessee. As the funeral profession undergoes rapid transformation, Trend ReCON 2025 will equip funeral home owners and directors with cutting-edge insights and strategies to stay competitive. Attendees will hear from top industry experts, gain practical business solutions, and explore innovative approaches to service excellence. The conference will cover key topics, including strategies for funeral homes to remain competitive and profitable, shifts in funeral service ownership, and the role of social media and email marketing in business growth. It will also highlight top innovators in the profession with the Tech-Enabled Funeral Home Awards, explore how funeral homes can cater to both discount and premium clientele, and provide insights on flexible financing solutions for families. Trend ReCON 2025 will feature an impressive lineup of speakers, including Courtney Gould Miller, President of Commercial Markets at Tribute Technology; Matt Powell, Chief Technology Officer at Tribute Technology; Glenn Gould, Founder of MKJ Marketing; Erick Goss, CEO and Co-founder of Minno; Brian Givnish, Director of Training and Development at Life Celebrations Inc.; and Rob Justen, Owner of Justen Funeral Home. The event will be held at The Joseph, a luxury hotel recognized as one of Nashville’s premier accommodations within the Marriott collection. Early bird registration is available for $595 until April 21, 2025, after which the regular price will be $795. Registration is now open at www.tributetech.com/trend-recon-2025 . Attendees can take advantage of an exclusive group hotel rate for the event, with assistance available for extended stays beyond the conference dates. For accommodation inquiries, contact Terri Schmoldt at terri.schmoldt@tributetech.com or Olivia Moores at olivia.moores@tributetech.com . Trend ReCON 2025 will offer attendees valuable learning opportunities, networking with industry peers, and an immersive Nashville experience featuring legendary music, world-class dining, and engaging discussions about the future of funeral service. Don’t just keep up with change—lead it. Register today and be part of the conversations shaping the future of the profession. Visit www.tributetech.com/trend-recon-2025 to learn more. ### About Tribute Technology Tribute Technology is dedicated to empowering funeral professionals with best-in-class technology solutions. Serving over 9,000 end-of-life providers worldwide, Tribute Technology’s innovative software and services—including website platforms, marketing solutions, management software, online planning, memorial keepsakes, and payment processing—help funeral professionals save time and focus on supporting families. For more information, visit www.tributetech.com .
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