ADA website lawsuits and small business: what the data shows
Plaintiffs filed 3,117 website accessibility lawsuits in US federal courts in 2025, up 27% on 2024. This page sets out what the ADA does and does not say about websites, what the numbers actually show, what a case can cost, and what a small business can do this week. Every figure is sourced.
What the law says about your website
Title III of the Americans with Disabilities Act covers businesses open to the public, which the law calls public accommodations. The Department of Justice has consistently taken the position that this includes goods and services offered on the web, and that businesses must ensure those are accessible (ADA.gov web guidance).
What the DOJ has not done for businesses is publish a regulation with detailed technical standards. Its guidance says businesses have flexibility in how they comply, and points to WCAG as an existing standard that gives helpful guidance. The web rule published in April 2024 applies to state and local governments, not to private businesses (same page). That gap is why the lawsuits exist: with no safe-harbor regulation, plaintiffs and courts use WCAG as the yardstick.
Courts have not all agreed on which websites are covered. In Robles v. Domino's Pizza, 913 F.3d 898 (9th Cir. 2019), the Ninth Circuit held that the ADA applied to the pizza chain's website and app, which connect customers to physical restaurants. The Supreme Court declined to review the case on October 7, 2019 (Southeast ADA Center case summary; Bryan Cave Leighton Paisner). Whether online-only businesses are covered is still contested: Seyfarth Shaw reports that California's federal and state appeals courts have said no, the Second Circuit has not decided, and most New York district judges who have addressed it say yes (Seyfarth, 2025 filings).
How many website lawsuits are filed
The most-cited count comes from Seyfarth Shaw's annual tracking of federal court filings. It is built from keyword searches of Courthouse News Service data, reviewed by hand, so it can miss cases and it excludes state courts and demand letters that settle before anyone files (Seyfarth, March 2026).
| Year | Lawsuits filed |
|---|---|
| 2022 | 3,255 |
| 2023 | 2,794 |
| 2024 | 2,452 |
| 2025 | 3,117 |
- 2025 was up 27% on 2024, after two years of decline.
- Website cases were 36% of the 8,667 ADA Title III lawsuits filed in federal court in 2025.
- Location matters. New York federal courts saw 1,021 website cases, Florida 961, Illinois 585. California federal courts saw four.
We can't tell you from public data how many defendants were small businesses, so we won't guess. What the numbers do show is volume: this is a routine kind of lawsuit, not a rare one. Seyfarth also notes these cases are easy to file because a plaintiff doesn't have to leave home to encounter the alleged barrier.
What a lawsuit can cost
Outcomes vary by court, state and facts. Three things are documented:
- A court order to fix the site. In Robles, the district court ordered Domino's to make its website accessible in line with WCAG 2.0 (case summary).
- Legal fees. Under the ADA, a court may allow the prevailing party reasonable attorney's fees, litigation expenses and costs (42 U.S.C. 12205). Your own lawyer's bill comes on top.
- State-law penalties. Some states add their own remedies. In Robles on remand, the plaintiff was limited to $4,000 in California Unruh Act penalties because the court treated the inaccessible site as a single violation. That figure is specific to that case and law.
Settlement amounts are private and vary widely, so we don't quote a typical figure. Ask a lawyer who handles these cases.
Reduce your exposure this week
Nothing below prevents a lawsuit. It does change what you can show if a letter arrives: a site that was checked and a plan that was followed, rather than no program at all.
- Scan your site. Run the free accessibility scanner on your home page, a product or service page, and your checkout or contact form.
- Fix the barriers the DOJ names. Its guidance lists poor color contrast, color as the only signal, missing alt text, no video captions, inaccessible forms, and mouse-only navigation. Test each yourself; the ADA website compliance checklist walks through them.
- Publish an accessibility statement with a working contact route. Start with the free statement generator. Make sure someone reads that inbox.
- Write down what you found and when. Keep the dated checklist results and a remediation plan with owners and deadlines.
- Decide in advance who handles a legal letter. Know which lawyer you would call. Read the demand letter response guide now, not on the day.
Get the documents in one place
Core Kit ($99) includes accessibility statements, a WCAG 2.2 self-audit checklist, an internal policy and a remediation plan. Pro Kit ($249) adds an enforcement response guide for demand letters and complaints.
Get Core — $99 Run the free accessibility scannerFAQ
Can a small business be sued over its website under the ADA?
Yes, if the business is a place of public accommodation and the court accepts that the website is covered. Courts differ on online-only businesses, and the answer can depend on where you are sued. Ask a lawyer about your situation.
Does an accessibility statement stop a lawsuit?
No. A statement does not make a site accessible, and no document guarantees protection. It shows that you have an accessibility program and a way for users to report problems.
Are there rules that say exactly which WCAG version a private business must meet?
The DOJ has not issued a regulation for private businesses with detailed technical standards. It points to WCAG as guidance, and plaintiffs and courts commonly use it as the measure.
Is this legal advice?
No. This page is general information and professional documentation guidance, not legal advice, and reading it does not create an attorney-client relationship. Have qualified counsel review anything you publish or send to a regulator, buyer, or court, especially if you have received a legal notice.