ADA Website Lawsuit Defense for Business Owners 

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The Americans with Disabilities Act (ADA) was originally established to protect individuals with disabilities from discrimination. While intended on its face for physical spaces, the ADA is now being applied in certain jurisdictions to digital spaces, including websites. For business owners, the stakes have never been higher—with increasing numbers of lawsuits targeting websites that are alleged to fail to meet ADA compliance requirements.

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We have represented many hundreds of businesses in ADA website lawsuits, in multiple states. Our managing attorney, Nolan Klein, has been interviewed as an expert on ADA lawsuits in the Wall Street Journal and on 60 Minutes, has taught multiple classes about ADA litigation and ADA website lawsuits, and is the author of the ADA Law & Lawsuits guidebook.​

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If you are facing an ADA website lawsuit against your business, call us for a free consultation. The call with us will cost you nothing, and could make all the difference to your case.

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​The Rise of ADA Website Lawsuits

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Over the past decade - but especially since 2020 and the COVID lock-downs - the number of lawsuits related to ADA website compliance has surged, while cases alleging barriers at physical places has declined. 

Data from UsableNet reports that more than 4,000 website accessibility lawsuits were filed in 2024 alone. Predominantly, these cases are filed against businesses whose websites are alleged to not be accessible to individuals with disabilities.

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Many lawsuits stem from organizations not proactively upgrading their sites to meet ADA standards, which are ever updating. Plaintiffs typically identify issues such as a lack of text alternatives for images, incompatible website functions for screen readers, or inaccessible interactive forms. High-profile cases have targeted businesses of all kinds—from small retailers to global brands.

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Unfair as it may be, ignorance of the law is no defense in these cases - which often take business owners by complete surprise. Courts have made it clear that businesses are responsible for ensuring accessibility, making it critical for businesses to prioritize website ADA compliance to avoid litigation. But if a lawsuit is filed, businesses require experienced legal counsel to end the lawsuit as cheaply as possible, and to prevent any future cases from being filed.

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ADA Standards for Commercial Websites

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ADA compliance for business websites is not explicitly outlined in the ADA text or in any of the implementing regulations. However, businesses that aim to comply often rely on the Web Content Accessibility Guidelines (WCAG), an internationally recognized set of standards for web accessibility. Courts have recognized WCAG as the standard for web accessibility, and settlement agreements often call for this standard to be implemented.

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The WCAG outlines specific criteria under four key principles for website accessibility, often referred to as "POUR":

Perceivable

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- Text alternatives for non-text content (e.g., image alt text).

- Video captions and transcripts for multimedia content.

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Operable

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- All functionality available via keyboard navigation.

- Sufficient time given for users to read and interact with content or forms.

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Understandable

- Consistent navigation layouts and elements.

- Clear error notification when a form entry is invalid.

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Robust

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- Compatibility with assistive technologies, such as screen readers.

- Proper use of HTML to ensure accessibility tools can interpret content accurately.

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Non-compliance with WCAG standards of business websites is the primary reason for a business to be sued in an ADA website lawsuit. 

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ADA Compliance Checklist for Business Owners

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If you are reading this webpage, then your business may already be facing an ADA website lawsuit. But once we take care of that current case for you, it will be important to remain ADA compliant on your business website going forward, to avoid any more of these lawsuits. To do that, it is useful to follow an actionable checklist of ADA website compliance steps:

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Audit Your Website Accessibility

Use tools like WAVE or Axe to perform an accessibility scan. Identify any missing alt text, keyboard navigation issues, or color-contrast mismatches.

Add Alternative Text for Visuals

Include descriptive alt text for all images, ensuring visually impaired users can understand the content.

Enable Keyboard Navigation

Ensure your website can be fully navigated using only a keyboard. For example, users should be able to tab through menus, links, and forms.

Provide Captions and Transcripts

Add captions to video content and provide transcripts for those who cannot enjoy audio-based media.

Fix Color Contrasts

Maintain strong color contrast between text and its background for readability. WCAG generally indicates a contrast ratio of at least 4.5:1.

Test with Assistive Technology

Use screen readers like NVDA or JAWS to evaluate your site’s 

accessibility.

Regularly Update Your Content

Regularly audit new webpages to ensure ADA compliance, especially when adding new features or visuals.

Train Your Team on Accessibility

Educate developers, content creators, and marketers about ADA requirements and best practices.

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Facing an ADA website lawsuit can be an unfamiliar experience. However, our firm has gained significant experience over hundreds of website ADA cases, and we can assist in resolving your matter efficiently, and guiding you toward ADA compliance, so that you do not experience another ADA website case in the future. Call us any time for a free consultation about your case.  ​​