According to Usablenet.com, over 4,000 ADA lawsuits related to digital properties were filed in 2024. While federal cases saw a slight decline, state-level lawsuits increased – particularly in New York and California.
The U.S. Department of Justice enforces the Americans with Disabilities Act (ADA) through lawsuits against businesses in violation of the ADA’s requirements for accessibility. These lawsuits can be filed against physical spaces and, more importantly, for websites.
eCommerce and Small Businesses
The eCommerce industry and small online businesses are often targeted in ADA lawsuits. This is often because they may lack the resources to ensure full website compliance. Backed by data published in The Wall Street Journal, Usable.net published a 2024 mid-year report that found 75% of lawsuits filed were against companies making less than $25 million.
The most frequent issues leading to lawsuits include:
- Lack of alternative text for images (making them inaccessible to screen readers)
- Inadequate keyboard navigation
- Poor color contrast
- Lack of captions for videos
- Problems with website forms
Many cases begin with demand letters, where a business is notified of alleged non-compliance and pressured to settle. This often leads to private settlements, so those cases are not always public knowledge.
A Growing Trend
According to current trends, ADA lawsuits in 2025 are expected to continue rising, due to increased awareness of accessibility requirements and stricter enforcement. This makes proactive compliance crucial for businesses to avoid costly legal action.
Issues For Handheld Devices
Mobile app accessibility issues include inaccessible gestures, unreadable text, and lack of compatibility with assistive technologies. When you consider that over 90% of internet users access the internet by mobile devices1, and that mobile devices are becoming the primary means of accessing the internet for many people worldwide2, it’s critical for organizations with lower operating costs to ensure their website is consistently optimized to meet current accessibility standards.
An Accessibility Compliance Checklist
Here’s a checklist to help small businesses improve their website’s ADA compliance:
General Principles
Familiarize yourself with the Web Content Accessibility Guidelines (WCAG) and understand the implications of the Americans with Disabilities Act (ADA) pertaining to website accessibility.
Visual Accessibility
- Ensure there is sufficient color contrast between text and background
- Use clear, readable fonts and proper heading tags
- Allow users to adjust text size without breaking the website layout
- Provide descriptive alternative text (alt text) for all images that convey meaning
- Provide captions and transcripts for all video and audio content, and include audio descriptions for visually important video elements
- Ensure all website functions are accessible using a keyboard alone, with clear visual indicators for keyboard focus
Website Structure and Content
- Forms: label all form fields clearly, provide clear error messages, and ensure forms are keyboard accessible
- Links: use descriptive link text. Avoid vague phrases like “click here.” Make it clear where each link will take the user.
- Navigation: maintain consistent navigation across all pages
- Screen Reader Compatibility: test your website with screen reader software (e.g., NVDA, VoiceOver)
Testing and Maintenance
- Conduct regular accessibility audits using manual testing and automated tools:
- WAVE Web Accessibility Evaluation Tool: For automated testing
- Lighthouse (Chrome DevTools): For accessibility audits
- Color Contrast Analyzers: To check color contrast
- Screen Reader Software: To test screen reader compatibility
- Test with users with disabilities
- Keep up with the latest accessibility guidelines and best practices
- Keep website software up to date
Accessibility Statement
- Create and publish an accessibility statement on your website.
- Include contact information for reporting accessibility issues.
Contact Us
If you need help ensuring your website meets accessibility compliance standards, Emphasis.LA is here to assist. Our team specializes in making digital experiences inclusive for all users, helping you navigate legal requirements and best practices with ease.
Don’t let accessibility challenges hold your business back. Contact Emphasis.LA today to create a website that is both compliant and user-friendly for everyone.