4,600+ ADA LAWSUITS FILED IN 2023

Is your website ADA compliant?

ADA Title III lawsuits targeting inaccessible websites are at an all-time high. Scrutia checks your site against WCAG 2.1 AA — the standard courts reference — and gives you actionable fixes before a demand letter arrives.

±8 pts

gap vs expert firms

82%

concordance rate

106

criteria tested

Check my site now

No credit card required · Results in 5 minutes

ADA Title III and web accessibility

The Americans with Disabilities Act (ADA), enacted in 1990, prohibits discrimination against individuals with disabilities in all areas of public life. Title III specifically covers “places of public accommodation” — and US courts have increasingly ruled that websites qualify as such.

In April 2024, the Department of Justice published a final rule (28 CFR Part 35) explicitly requiring state and local government websites to meet WCAG 2.1 Level AA. While this rule directly applies to government entities, it reinforces the legal precedent that WCAG 2.1 AA is the benchmark for all ADA web accessibility compliance.

Private businesses face the same standard through a growing body of case law. Courts in virtually every circuit have recognized that commercial websites must be accessible under ADA Title III.

How WCAG 2.1 AA maps to ADA requirements

WCAG 2.1 Level AA defines 50 success criteria organized into 4 principles. Meeting these criteria is considered the standard for ADA compliance:

  • Perceivable — text alternatives for images, captions for video, sufficient color contrast, content that reflows at 320px width
  • Operable — full keyboard accessibility, no keyboard traps, sufficient time limits, no content that causes seizures, clear navigation
  • Understandable — readable text, predictable navigation, input assistance on forms with error identification and suggestions
  • Robust — content compatible with assistive technologies, valid ARIA usage, proper name/role/value on all interactive elements

The risk of ADA lawsuits

ADA web accessibility lawsuits have surged in recent years. The numbers are striking:

  • 4,600+ lawsuits in 2023 — filed in US federal courts, up 14% from 2022
  • $5,000–$25,000 demand letters — the typical range for pre-litigation settlement demands
  • $25,000–$100,000+ in legal fees — the cost of defending a lawsuit, even if you prevail
  • Serial plaintiff firms — law firms that systematically target inaccessible websites with hundreds of demand letters per month

Proactive compliance is far cheaper than reactive litigation. A Scrutia audit costs nothing (free) to start and 149 € for the full report with fix code — a fraction of what a single demand letter costs to resolve.

How Scrutia helps you achieve ADA compliance

Scrutia performs a comprehensive WCAG 2.1 AA audit on your website using a real browser. Unlike simple scanners, Scrutia tests dynamic interactions: keyboard navigation, focus management, ARIA component behavior, and more.

  • Instant compliance score — know your WCAG 2.1 AA compliance percentage in minutes
  • Critical issues identified — the top barriers that put you at legal risk, ranked by severity
  • Fix code included — HTML/CSS/JS code ready to paste, adapted to your existing code
  • Documentation for legal teams — a professional PDF report demonstrating your compliance efforts

Don't wait for a demand letter

Check your ADA compliance in 5 minutes. Identify and fix issues before they become lawsuits.

Check my ADA compliance

No credit card required · Results in 5 minutes

A professional accessibility audit costs $3,000–$15,000. Start for free.

ADA compliance FAQ

Does the ADA apply to websites?
Yes. While the ADA doesn't explicitly mention websites, US courts have consistently ruled that ADA Title III covers websites and mobile apps of businesses that serve the public. The Department of Justice published a final rule in April 2024 (28 CFR Part 35) requiring state and local government websites to meet WCAG 2.1 AA. Private businesses face the same standard through case law.
What is the connection between ADA and WCAG?
WCAG 2.1 Level AA is the technical standard that courts, regulators, and settlement agreements reference as the benchmark for ADA web accessibility compliance. Meeting WCAG 2.1 AA is the most widely accepted way to demonstrate that your website is ADA compliant. Scrutia tests all WCAG 2.1 AA success criteria.
How much does an ADA lawsuit cost?
ADA demand letters typically seek $5,000 to $25,000 in settlements. If the case goes to court, legal fees alone can exceed $50,000. Serial plaintiffs file thousands of lawsuits per year targeting inaccessible websites. The average cost of defending an ADA web accessibility lawsuit is $25,000-$100,000, even if you win.
Can I use an accessibility overlay to become ADA compliant?
No. Accessibility overlays (like AccessiBe, UserWay, AudioEye) do not make your website ADA compliant. The National Federation of the Blind, the ADA itself, and multiple court rulings have rejected overlay solutions. Real compliance requires fixing your underlying code to meet WCAG 2.1 AA standards.
What businesses are most at risk for ADA lawsuits?
E-commerce, hospitality, food service, banking, and healthcare websites are the most frequently sued. Any business that serves the public and has a website is potentially at risk. In 2023, over 4,600 ADA web accessibility lawsuits were filed in the US, an increase of 14% from the previous year.
How does Scrutia help with ADA compliance?
Scrutia audits your website against all WCAG 2.1 AA success criteria — the standard courts reference for ADA compliance. The free audit provides your compliance score and the 3 most critical issues. The full report (149 €) gives you detailed explanations and HTML/CSS/JS fix code for every issue, so your developers can make your site compliant.

Protect your business from ADA lawsuits

Check your WCAG 2.1 AA compliance in 5 minutes. Free audit, full report with fix code.

Check my ADA compliance

Compliance costs less than a lawsuit. Start for free.

No credit card required · Results in 5 minutes