Web Accessibility Lawsuits Are Surging: What the 2025-2026 Data Shows

If you think web accessibility lawsuits are something that happens to other companies, the numbers tell a different story. ADA-related digital accessibility lawsuits have been climbing every year, and 2025 set new records. Here's what you need to know.

The Numbers: A Lawsuit Every 8 Minutes

Web accessibility lawsuits under the ADA have grown dramatically:

2018: ~2,300 federal lawsuits
2020: ~3,500 federal lawsuits
2023: ~4,600 federal lawsuits
2025: Estimated 5,000+ federal lawsuits — plus thousands more demand letters that never reach court

That doesn't include state-level lawsuits, particularly in New York and California, where state human rights laws add additional grounds for legal action.

And these are just the filed cases. For every lawsuit, there are an estimated 5-10 demand letters — pre-litigation settlement requests that most businesses quietly pay to make go away.

Who's Getting Sued?

The short answer: everyone. But some industries are disproportionately targeted:

Most-Targeted Industries (2024-2025)

E-commerce & Retail — 65%+ of all cases. If you sell online, you're the primary target.
Food Service & Restaurants — Online ordering and menu accessibility
Banking & Financial Services — Account management, online banking
Healthcare — Patient portals, appointment booking
Education — Course materials, enrollment systems
Travel & Hospitality — Booking systems, hotel and airline websites

Company Size Doesn't Matter

A common misconception: "Only big companies get sued." In reality:

Small businesses (under 50 employees) account for a significant portion of demand letters
Serial plaintiffs specifically target small businesses that are more likely to settle quickly
Settlement demands typically range from $5,000-$25,000 for small businesses — enough to be painful, not enough to fight in court

What Triggers a Lawsuit?

Most accessibility lawsuits follow a pattern:

A person with a disability encounters a barrier on your website (can't complete a purchase, can't read content, can't navigate)
A law firm identifies your website as non-compliant (often through automated scanning)
A demand letter arrives, offering settlement before filing suit
If ignored, a formal ADA complaint is filed in federal court

The Most Common Complaints

Based on recent case filings, the top issues cited are:

Missing alt text on images — Screen readers can't describe products
Inaccessible forms — Can't complete checkout or contact forms
Poor keyboard navigation — Can't tab through the site
Missing page structure — No headings, landmarks, or skip navigation
Inaccessible PDFs — Menus, documents, reports that screen readers can't parse
Video without captions — Product demos, promotional content

Sound familiar? These are exactly the issues that automated accessibility scanners detect.

The Cost of Non-Compliance

Let's be direct about what's at stake:

Legal Costs

Demand letter settlement: $5,000-$25,000 (typical for small businesses)
Lawsuit settlement: $10,000-$100,000+
Litigation defense: $50,000-$250,000+ in legal fees (even if you win)
Consent decree: Court-ordered remediation + monitoring for 2-3 years

Business Impact

Lost revenue: 15-20% of the population has a disability. That's customers you're turning away.
Brand damage: Lawsuit filings are public record
Ongoing liability: One fix doesn't grant immunity — you need continuous compliance
Insurance gaps: Most general liability policies don't cover ADA web accessibility claims

The Math Is Simple

Proactive accessibility compliance: $29-$99/month with a tool like AccessiGuard
Reactive lawsuit settlement: $10,000-$100,000+

Even one demand letter costs more than years of proactive monitoring.

What's Changed in 2025-2026

Several developments are accelerating the lawsuit trend:

DOJ Title II Regulations (April 2026)

The Department of Justice finalized rules requiring state and local government websites to meet WCAG 2.1 Level AA. While this directly applies to government, it:

Establishes WCAG 2.1 as the legal standard (courts were previously inconsistent)
Creates pressure on government contractors and vendors
Sets precedent that will extend to private businesses

European Accessibility Act (June 2025)

The EU's EAA took effect in June 2025, requiring digital accessibility for businesses operating in Europe. US companies selling to EU customers now face dual compliance requirements.

AI-Powered Plaintiff Discovery

Plaintiff law firms are using automated tools to identify non-compliant websites at scale. This means:

More websites are being flagged than ever before
Serial litigation is more efficient
The "we didn't know" defense is increasingly ineffective

How to Protect Your Business

Step 1: Know Where You Stand

Run an automated accessibility scan. You can't fix what you don't measure.

Scan your website for free with AccessiGuard →

Step 2: Fix the Critical Issues

Focus on the issues most commonly cited in lawsuits:

Add alt text to all images
Ensure forms have proper labels
Make all functionality keyboard-accessible
Add proper heading structure
Ensure sufficient color contrast

Step 3: Document Your Efforts

Courts look favorably on businesses that demonstrate good-faith accessibility efforts:

Publish an accessibility statement on your website
Keep records of your accessibility audits and fixes
Set up monitoring to catch regressions
Have a process for users to report accessibility issues

Step 4: Monitor Continuously

Accessibility isn't a one-time fix. Every content update, new feature, or design change can introduce new barriers. Automated monitoring catches regressions before plaintiffs do.

The Bottom Line

Web accessibility lawsuits are not slowing down. The legal landscape is tightening, enforcement tools are getting better, and the financial incentives for plaintiffs are strong.

The good news: compliance is achievable, affordable, and good for business. Every accessibility fix makes your website work better for all users — and keeps you out of court.

Don't wait for a demand letter. Check your website's accessibility now →