4,600+ ADA website lawsuits in 2023

How to Protect Your Website
from ADA Lawsuits

A practical prevention guide: why websites get sued, the 5 most-targeted WCAG violations, and the checklist plaintiff firms use to pick their next target.

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Why websites get sued under the ADA

The Americans with Disabilities Act of 1990 prohibits discrimination against people with disabilities in “places of public accommodation.” Federal courts have consistently ruled that this category includes the websites of businesses that serve the public. There is no company-size threshold: a dentist in Ohio, a boutique on Shopify, and a Fortune 500 retailer face the same statute.

Plaintiff law firms have industrialized the process. They run automated WCAG scanners across tens of thousands of websites, filter for violations, and send a demand letter within days. Most defendants settle rather than litigate, because a settlement of $20,000 to $50,000 is cheaper than the legal cost of fighting. This economic reality has made ADA website claims a recurring revenue stream for a handful of specialized firms.

The cost of waiting is not hypothetical. Every day your website contains WCAG violations, it could be scanned, flagged, and selected. The only effective defense is prevention: find the violations first, fix them, and document what you did.

The 5 most-targeted WCAG violations

These are the issues plaintiff firms look for first — because they are easy to detect and hard to dispute.

Missing image alt text

Product photos, banners, and icons without meaningful alt attributes. The #1 finding in automated scans.

WCAG 1.1.1

Insufficient color contrast

Text that fails the 4.5:1 ratio (or 3:1 for large text). Common on light gray footers, hover states, and placeholder text.

WCAG 1.4.3

Unlabeled form fields

Checkout forms, login fields, and search boxes without programmatic labels. Screen readers cannot describe the field.

WCAG 3.3.2

Keyboard traps & inaccessible menus

Navigation or modals that cannot be operated with a keyboard alone. Entirely disables keyboard-only and screen-reader users.

WCAG 2.1.1 / 2.1.2

Missing document language & page titles

HTML documents without a lang attribute or unique page titles. A 30-second fix that plaintiff firms cite as evidence of neglect.

WCAG 3.1.1 / 2.4.2

Prevention checklist

Work through this list with your development team. Each item maps to a WCAG 2.1 AA Success Criterion commonly cited in demand letters.

  • Run a full WCAG 2.1 AA audit across your top 10 pages (homepage, product, cart, checkout, contact, forms).
  • Add descriptive alt text to every meaningful image and mark decorative images with empty alt attributes.
  • Verify color contrast on all text, buttons, form fields, and focus indicators.
  • Label every form field with a programmatic <label> or aria-label.
  • Confirm every interactive element is keyboard operable and has a visible focus indicator.
  • Set the <html lang> attribute and give every page a unique, descriptive <title>.
  • Test with a screen reader (NVDA, VoiceOver) on your critical user flows.
  • Publish an accessibility statement with a contact method for reporting issues.
  • Document the audit date, findings, and remediation actions.
  • Re-audit quarterly or after any major release.

$499 vs a settlement

Cost comparison of Scrutia audit vs ADA settlement
ScenarioTypical cost
Settlement (out of court)$20,000 – $50,000
Full litigation$75,000 – $350,000+
Scrutia proactive audit$499

Frequently asked questions

How many ADA website lawsuits are filed each year?
More than 4,600 ADA Title III website lawsuits were filed in US federal courts in 2023 (Seyfarth Shaw research), with thousands more settled before filing via demand letters. The trend has grown every year since 2018, and state court filings (particularly in New York and California) have multiplied total volume even further.
Which industries are most targeted by plaintiff law firms?
E-commerce is by far the most-targeted sector, followed by food service, hospitality, retail, healthcare, and professional services. Plaintiff firms run automated WCAG scanners across thousands of sites; any public-facing business website is a potential target, regardless of company size or revenue.
What is the average cost of settling an ADA website lawsuit?
Industry reports place typical settlements between $20,000 and $50,000, not including the legal fees required to defend the claim. Full litigation can exceed $350,000. A proactive audit and remediation costs a small fraction of this and documents good-faith compliance efforts.
Can I prevent a lawsuit by fixing my website now?
Proactive remediation does not grant legal immunity, but it dramatically reduces risk. Plaintiff firms rely on automated WCAG scanning to identify targets. Sites that pass WCAG 2.1 AA are far less likely to be selected, and dated audit reports can support settlement negotiations if a claim still arrives.
Is ADA compliance a one-time project or ongoing?
Accessibility is ongoing. Every new page, component, image, or content update can introduce violations. Most organizations treat the initial audit as a baseline, remediate all findings, then re-audit quarterly or whenever significant changes ship to production.

Related resources

Don't wait for a demand letter.

A Scrutia audit costs $499 and delivers the exact technical findings plaintiff firms look for — before they do.

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Scrutia provides technical accessibility audits. This is not legal advice. For ADA legal matters, consult an attorney.