Most website accessibility litigation ends up being settled. And the reason why is it can be very expensive to defend against these claims. And so what happens is most plaintiffs’ law firms will offer an amount just low enough to entice the respondent, the people defending against these claims to take the settlement rather than continue on with litigation.
And so that is the case most of the time, but that is not to say that there aren’t instances where it is worthwhile to file a motion to dismiss based on a myriad of reasons, there can be several reasons why a motion to dismiss could potentially be granted. So sometimes it is worth that.
But the risk there is if that motion to dismiss is not granted, then the plaintiff’s law firm will likely increase the settlement amount that they’re willing to take and you have spent that much more money defending against the case because it’s one thing to retain a defense attorney.
It’s another for that defense attorney to start actually filing motions and preparing defenses. So it can be quite expensive to defend against these cases. That’s why most never go to trial, but some do and keep in mind we have seen increasing success on respondents defending against litigation and getting these cases dismissed.