Web accessibility lawsuits in the United States have increased every year since 2018. In 2025, over 4,600 ADA-related digital accessibility lawsuits were filed. Small businesses, not just large corporations, are increasingly targeted.
The Legal Landscape
ADA Title III
The Americans with Disabilities Act requires businesses to provide equal access to goods and services. Courts have increasingly ruled that websites are "places of public accommodation" under the ADA.
DOJ Guidance
The Department of Justice issued updated guidance confirming that websites must be accessible to people with disabilities. WCAG 2.1 AA is the de facto standard.
European Accessibility Act (EAA)
Effective June 2025, the EAA requires digital products and services in the EU to be accessible. If you serve European customers, this applies to you.
State Laws
California, New York, and other states have their own accessibility requirements that add additional exposure.
Who Is Getting Sued
The reality is sobering:
- E-commerce sites: The most common target. inaccessible product pages and checkout flows
- Restaurant websites: Menu PDFs that screen readers cannot parse
- Healthcare providers: Patient portals and appointment booking
- Financial services: Banking and insurance portals
- Small businesses: Increasingly targeted by serial plaintiffs
- Mobile apps: Growing target as app usage increases
Common Violations
- Missing alt text: Images without descriptions
- Poor color contrast: Text that is hard to read
- No keyboard navigation: Functionality that requires a mouse
- Missing form labels: Input fields without associated labels
- Inaccessible PDFs: Documents that screen readers cannot read
- Auto-playing media: Video or audio that plays without user control
- Missing focus indicators: No visible indication of keyboard focus
- CAPTCHA without alternatives: Security challenges that exclude disabled users
The Cost of Non-Compliance
| Consequence | Cost Range |
|---|---|
| Demand letter settlement | $5,000-$25,000 |
| Lawsuit settlement | $10,000-$100,000+ |
| Remediation costs | $5,000-$50,000 |
| Legal fees | $10,000-$50,000 |
| Repeat lawsuits (if not fixed) | Additional settlements |
The total cost of a single lawsuit often exceeds $50,000, not counting reputational damage.
What WCAG 2.1 AA Requires
The standard covers four principles (POUR):
Perceivable
- Text alternatives for non-text content
- Captions for video
- Content adaptable to different presentations
- Sufficient color contrast (4.5:1 for normal text)
Operable
- All functionality available via keyboard
- Enough time to read and use content
- No content that causes seizures
- Clear navigation and wayfinding
Understandable
- Readable text
- Predictable page behavior
- Input assistance (error prevention and correction)
Robust
- Compatible with assistive technologies
- Valid HTML
- Proper ARIA usage
Proactive Steps
- Audit your site: Use tools like axe, WAVE, or Lighthouse to identify issues
- Fix critical issues first: Focus on navigation, forms, and images
- Test with screen readers: NVDA (free) or VoiceOver (built into macOS)
- Test keyboard navigation: Tab through your entire site
- Add an accessibility statement: Show good faith effort
- Train your team: Everyone who adds content should understand basics
- Build accessibility into your process: Do not retrofit — design accessible from the start
Accessibility Overlays Are Not the Answer
Overlay widgets that claim to make your site compliant are not reliable protections against lawsuits. Multiple courts have rejected overlay-based compliance claims. The only reliable approach is building accessible code.
How We Help
Every website and application we build follows WCAG 2.1 AA standards from the start. Accessibility is not an add-on — it is part of our development process. We also audit and remediate existing sites for accessibility compliance.