Oh No! You just received a legal notice via certified mail informing you that your business is being sued for website accessibility issues. You may not have even realized your website had problems or even that websites are legally required to be accessible, but now you’re facing a lawsuit over website accessibility, legal fees, and a PR nightmare that could cost you thousands.
The Americans with Disabilities Act (ADA) requires businesses to ensure their websites are accessible to individuals with disabilities, and lawsuits against inaccessible websites are on the rise. According to an article by Accessibility Works, there were over 4,200 accessibility lawsuits in 2024 – 2,400 in federal courts and 1,800 at the state level. The numbers represent a strong shift to state-level action, with New York and California accounting for 40% of these filings.
But that’s only part of the picture. Tens of thousands of demand letters were sent to businesses every year (2023 saw an estimated 250,000 demand letters sent), many leading to costly settlements without ever going to court, which is the objective in many cases. So, what happens if you are sued for website accessibility?
How a Website Accessibility Lawsuit Typically Begins
Businesses across every industry are being sued for website accessibility — in other words, for failing to provide equal access to their digital content. These lawsuits can begin with a legitimate complaint from a disabled user who had problems navigating your website and sought legal action. Or lawsuits could come from opportunistic and unscrupulous people looking to profit from suing businesses over website accessibility.
Regardless of the plaintiff’s motivation, you might have been notified of your new legal problem one of two ways:
You received a demand letter from a law firm.
The demand letter is by far the more common approach in opening website accessibility lawsuits. Many law firms will send a demand letter outlining accessibility violations and requesting a settlement. Some serial litigants and advocacy groups use demand letters in a mass-litigation strategy that targets hundreds of businesses simultaneously to force settlement payments.
You received notice of a filed lawsuit
Many businesses are sued for website accessibility without warning, and as a result, their first knowledge of the lawsuit comes from receiving a Summons and Complaint. While this is the less common approach, this strategy is increasing in popularity, particularly in states like New York and California, where laws favor plaintiffs.
You are contacted by defense lawyers
Many attorneys monitor local courts looking for cases within their specialty who then try to be the first attorney to contact a new defendant. So the first time you learn that you’re being sued may be from a defense attorney who wants to represent you.
What Happens During Website Accessibility Lawsuit?
You have limited options once you are sued for website accessibility: settle or go to trial. While neither option is cheap, many companies feel compelled to settle to avoid the increased costs and risks of a public trial. Here’s what you can expect:
- Hiring legal representation: Defending a website accessibility lawsuit requires specialized (and expensive) legal expertise. Even if you elect to settle out of court, you must have competent legal representation.
- Website audit and compliance review: Your attorney will likely recommend a third-party accessibility audit to assess your site’s violations and compare them to the plaintiff’s claims.
- Negotiation: All cases involve some type of negotiation process before reaching a resolution. One business may elect to settle and avoid drawn-out legal battles, while another may choose to fight, risking higher legal costs and greater public exposure.
- Settle or Litigate. After negotiations, you will either reach a settlement agreement or proceed to litigation in court.
The Costs of Being Sued for Website Accessibility
While settling is often faster and less expensive, it still comes with significant costs. At a minimum, you’ll face the settlement cost, legal fees, and fines. According to an article in Chain Store Age, settlements (exclusive of legal fees) for a website accessibility lawsuit range from $5,000 to $25,000. If the government gets involved, fines for first violations of $75,000 may also be levied.
Litigating a lawsuit increases costs dramatically. Attorneys are expensive, so legal fees rise, and you will spend significant time and resources to fight the case. If you fight and lose, the ADA allows plaintiffs to recover their legal fees. Plaintiffs often hire attorneys charging $500 to $1,200 per hour, meaning your total legal expenses could skyrocket.
But legal costs aren’t the only expenses to consider. Whether you settle or litigate, you’ll also face:
- Website remediation costs: You must make your website fully accessible, often under strict deadlines.
- Ongoing employee training: You will likely be required to train your employees and web development team on maintaining compliance and accessibility.
- Reputation damage: A website ADA lawsuit can hurt your brand in the long term. Businesses have lost partnerships, seen customer trust decline, and suffered social media backlash due to non-compliance. Even if the lawsuit is settled, the negative perception can linger.
How to Avoid a Website Accessibility Lawsuit
The best way to avoid being sued for website accessibility is to ensure your site complies with WCAG (Web Content Accessibility Guidelines) standards, which are widely used as ADA compliance guidelines, before legal trouble arises. Many website developers aren’t aware of ADA requirements and build websites that expose their owners to legal action.
If you’re unsure whether your website complies with ADA requirements, an accessibility audit can identify vulnerabilities and help you fix the issues. Once your site meets compliance standards, take these steps to protect your business:
- Conduct regular website accessibility audits: Ensure your site maintains compliance with WCAG and ADA standards and guidelines.
- Document your compliance efforts: Maintain records of improvements and accessibility initiatives as proof of good-faith compliance.
- Train employees on accessibility best practices: Your web team should understand how to maintain an accessible website to prevent future compliance issues.
- Develop and post an accessibility statement: Displaying an accessibility statement on your site signals compliance and allows users to report issues before legal action is taken.
Let Someone Else Be The Target: Make Your Website ADA Compliant Now
An inaccessible website isn’t just a legal risk — it also alienates customers and harms your reputation. Websites with difficult-to-use forms, poor navigation, or missing accessibility features frustrate all users, not just those with disabilities. Addressing these issues now can save you money and expand your customer base.
Web Compliance Pro specializes in auditing and maintaining accessible websites, ensuring compliance with ADA and WCAG standards.
Don’t wait to be sued. Contact Web Compliance Pro to take action now to ensure your website meets accessibility standards — before legal trouble arises.
