ADA Website Accessibility and VCDPA Privacy Compliance in Virginia

Virginia website compliance guide covering ADA accessibility and VCDPA privacy requirements for businesses.

7 min read

Overview

Virginia combines growing ADA website litigation (approximately 340 lawsuits annually) with the Virginia Consumer Data Protection Act (VCDPA). Virginia businesses must ensure websites are both accessible and compliant with strict privacy requirements. The convergence of accessibility and privacy demands creates a dual compliance obligation.

~340

Annual Lawsuits

##11 nationwide

National Rank

Increasing 16% year-over-year

Trend

Common Targets

• Technology and software companies

• Financial services and fintech

• Healthcare and telehealth platforms

• E-commerce and retail sites

• Government and municipal websites

Top Plaintiff Firms

• Virginia Disability Law Center

• American Foundation for the Blind Virginia

• Virginia Coalition for the Blind and Visually Impaired

Virginia Accessibility Laws

Americans with Disabilities Act (ADA) Title III

All private businesses; all public entity websites

Federal law requiring equal access to public accommodations, including digital services.

Penalties: Up to $75,000 per violation; attorney's fees and costs

Virginia Consumer Data Protection Act (VCDPA)

Businesses collecting personal data of Virginia residents earning $100M+ annually or processing data of 100k+ Virginia consumers/households

Requires businesses to protect consumer personal data and provide privacy notices. Requires accessible privacy disclosures.

Penalties: Up to $7,500 per violation; attorney general enforcement; private right of action for data security breaches

WCAG 2.1 Level AA Standards

All websites and digital properties

Industry standard accessibility guidelines recognized by Virginia courts.

Penalties: Legal liability and damage awards

Recent Cases & Outcomes

2023Virginia fintech platformSettlement requiring accessibility and VCDPA privacy improvements$165,000

2023Healthcare telehealth providerJudgment for accessibility compliance$89,500

2022Financial technology companySettlement for VCDPA + accessibility issues$145,000

2022E-commerce platformAgreed accessibility remediation$72,000

* Cases are representative examples. Actual case details may differ.

Compliance Advice for Virginia Businesses

Virginia businesses must address both ADA accessibility and VCDPA privacy compliance simultaneously. Ensure privacy notices are accessible (readable by screen readers, with captions if video content). Implement WCAG 2.1 Level AA standards and maintain VCDPA-compliant data handling practices. The intersection of accessibility and privacy is increasingly targeted in litigation, requiring holistic compliance strategies.

VCDPA: Virginia Privacy Law

Virginia has enacted the VCDPA, which applies alongside ADA accessibility requirements. Businesses operating in Virginia must comply with both accessibility (WCAG 2.1 AA) and privacy regulations. SiteArmor scans for both — check your site now.

Frequently Asked Questions

Does VCDPA require accessible privacy notices?

Yes. If your privacy notice is not accessible to people with disabilities (e.g., video without captions, PDFs without proper tagging), you violate both ADA and VCDPA. This is a common litigation target.

Can I be sued under both ADA and VCDPA simultaneously?

Yes. Plaintiffs often combine ADA accessibility claims with VCDPA privacy violations to maximize damages. A single inaccessible data request form could trigger both ADA and VCDPA liability.

What is the scope of VCDPA coverage?

VCDPA applies to businesses earning $100M+ annually or processing data of 100k+ Virginia consumers/households. If you meet either threshold, VCDPA compliance is mandatory.

How should Virginia fintech companies approach compliance?

Build accessibility and privacy into product architecture from day one. Conduct accessibility audits quarterly and VCDPA privacy audits annually. Document all compliance efforts to defend against litigation.

Check your website for free

Get your ADA, WCAG, privacy & security score in 90 seconds.

No credit card

WCAG 2.1

ADA

Privacy