Once business owners realize their websites need to be ADA-compliant, their next question is usually about ADA website lawsuit costs. They wonder: “How much could a website ADA lawsuit or settlement actually cost?”
The answer is not always simple.
The ADA itself does not allow private plaintiffs to recover monetary damages in court, but that does not mean an ADA website lawsuit is inexpensive. The total cost may still include legal fees, website fees, monitoring, training, settlement costs, and, in some cases, additional damages, penalties, or fines under state, local, or industry-specific laws.
ADA website lawsuit costs can climb much faster than many business owners expect, usually into the tens of thousands, and perhaps even $100,000 or more.
This article is not legal advice. Web Compliance Pro is not a law firm. This article is for general information only. If you are facing legal issues, or want to reduce your legal risk, you should consult your attorney.
Does the ADA Allow Monetary Damages?
In a private lawsuit under Title III of the ADA, the plaintiff generally asks the court to order the business to fix the accessibility problem, a remedy known as injunctive relief. The ADA can also allow a prevailing party to recover attorney’s fees, litigation expenses, and court costs.
But the ADA itself does not allow private plaintiffs to recover compensatory damages, punitive damages, or civil penalties in court. However, the lawsuit can still be very expensive for the business.
Why ADA Website Lawsuit Costs Can Climb So Quickly
Even though the ADA itself does not allow private plaintiffs to recover monetary damages, that does not mean an ADA website lawsuit is cheap.
Legal Fees
First, legal fees can add up very quickly. Accessibility plaintiffs are often represented by experienced attorneys who regularly handle these cases. If the case does not settle quickly, the legal costs on both sides can grow fast…and the losing side (usually the business) ends up paying legal fees for the plaintiff. (Note: These ADA plaintiffs do not hire cheap attorneys!)
State and Local Laws
Second, even when the ADA is the main legal issue, the plaintiff may also bring claims under state or local accessibility laws. Some of those laws may allow damages, penalties, fines, or other remedies that the ADA itself does not provide.
Industry Laws
Third, certain industries have their own anti-discrimination laws. For example, real estate businesses, including sales, rentals, listings, and mortgage-related services, may also need to comply with the Fair Housing Act. In a Fair Housing Act Accessibility case, the potential costs can include actual damages, attorney’s fees, punitive damages, and civil penalties.
Settlement Costs
Finally, settlement costs differ from what a private plaintiff could win in court under the ADA alone. Even if the ADA does not allow monetary damages in a private lawsuit, those rules do not apply! So website ADA settlements often include a payment to the plaintiff, the plaintiff’s attorney’s fees, the cost of fixing the website, future monitoring, and sometimes other compliance commitments.
These, and other reasons, are why the cost of an ADA website lawsuit can climb far beyond the cost of simply fixing the website ahead of time.
Can State and Local Laws Increase ADA Website Lawsuit Costs?
Yes.
A website accessibility lawsuit may start with the ADA, but it does not always end there.
Depending on the facts, the plaintiff may also bring claims under state or local disability rights laws, civil rights laws, human rights laws, consumer protection laws, or industry-specific anti-discrimination laws.
For example, California’s Unruh Civil Rights Act can allow statutory damages in disability discrimination cases. New York State and New York City also have human rights laws that can increase the financial risk in accessibility cases. Other states, cities, and industries may have their own rules too.
The exact law that applies depends on the business, the website, the customer, the transaction, the location, and the facts of the case.
The main point is that ADA website lawsuit costs are not always limited to what the ADA itself allows.
My Business Is in California. Can Someone Outside California Sue Me Over Website ADA issues?
Yes, it is possible to be sued by an out-of-state plaintiff.
For example, if a person with a disability cannot use your website to learn about your services, make a purchase, book an appointment, complete a form, or take another important action, they may claim that the website violates accessibility laws that apply to them where they live.
Whether that claim succeeds depends on the facts. But for businesses that serve actual or potential customers online, the risk is not always limited to California, or to any other single state.
This is especially important for businesses that sell products online, accept online appointments, serve travelers, offer remote services, advertise nationally, or operate in industries where customers may come from many different locations.
Who Can Sue My Business for Website Accessibility Issues?
A website accessibility claim is usually filed by a disabled person who says they personally experienced a problem using your website.
In many cases, the person is represented by a law firm that handles many similar claims.
Some claims come from what people often call “professional plaintiffs.” These are individuals who file many similar cases, often with the help of teams that search for non-compliant websites. Once they find a website with accessibility problems, their attorney may send a demand letter or file a lawsuit.
These cases are not always random. A law firm or plaintiff may focus on a specific industry, a specific city, or a specific type of business. Once they find one non-compliant website in a niche, they may look for others.
That is one reason small and mid-sized businesses should take website accessibility seriously and remediate their business website before a demand letter arrives.
Is My Business Too Small to Be Sued for ADA Website Compliance?
No, your website is not too small to be sued for ADA website compliance issues. Small businesses are sued for website accessibility issues all the time.
In fact, small and mid-sized businesses can be the most attractive targets because they often have fewer legal resources, may not understand ADA website compliance, and may be more likely to settle quickly.
Many small business owners assume they are too small to be noticed, which can be a dangerous assumption.
If your website is public, it can easily be tested and so if it has accessibility problems, those problems can be found. If a plaintiff or law firm is looking for websites in your industry or your area, your size is unlikely to protect you.
Recently, hundreds of acupuncturists in the Los Angeles area were targeted with website accessibility lawsuits. Several came to us for website remediation or rebuilding after they were sued.
Your business might not be next…but it could be.
What Do ADA Website Lawsuits Cost?
The cost of an ADA website lawsuit depends on the facts, the laws involved, the plaintiff, the law firm, the court, the website, and the business’s response.
A website accessibility case may involve:
- Website remediation or rebuilding
- Accessibility monitoring and maintenance
- Employee training
- Legal fees for your attorney
- The plaintiff’s attorney’s fees
- Court costs and litigation expenses
- A settlement payment
- Damages under state or local law
- Civil penalties or fines
- Accessibility policy updates
- Ongoing compliance commitments
- Future audits or testing
The biggest mistake is thinking the only cost is fixing the website because in many cases, fixing the website is only one small part of the total cost.
As soon as the demand letter or lawsuit arrives, the clock starts ticking on dealing with legal fees, settlement pressure, deadlines, stress, and the risk of additional claims.
Why Waiting Can Be So Expensive
Even if a business owner knows about ADA website lawsuit costs, many business owners wait because
- They assume their website is fine.
- They believe they are too small to be sued.
- They think an accessibility widget will solve the problem.
- They do not know where to begin.
The problem is that waiting does not reduce the risk; it increases it.
If your website has accessibility problems today, they will soon be found. And if your website is updated regularly, new accessibility problems can be added without you knowing it.
And keep in mind that, fixing a non-compliant website ahead of time is far less expensive than fixing the site once a legal action has begun.
That is why proactive testing is so important.
A Website ADA Risk Assessment can help identify accessibility problems before they become legal problems. It can show whether people with disabilities may have trouble using your website and help you decide what to fix first.
The Best Defense Is an Accessible Website
Website accessibility is not just about avoiding lawsuits and reducing legal risks, but also about ensuring everyone can use your website.
That includes people who are blind, people with low vision, people who cannot use a mouse, people with mobility limitations, people with cognitive disabilities, and people who rely on assistive technology.
An accessible website helps more people learn what you do, understand what you sell, contact your business, book an appointment, complete a form, and become clients or customers.
The best time to test your website is before a demand letter arrives.
Let Someone Else Be the Target™
Web Compliance Pro helps businesses reduce ADA website lawsuit costs by identifying accessibility issues before they become legal claims. We test your website, explain what needs to be fixed, and help you reduce risk from websites that may not meet ADA, state, local, or industry-specific accessibility requirements.
Start with a free Website ADA Risk Assessment. Get your site tested today, then Let Someone Else Be the Target™.
