Web Accessibility Litigation
Ensuring websites and digital services are accessible to people with disabilities under the ADA and state civil rights laws.
When a website or mobile application is inaccessible to people who use screen readers, keyboard navigation, or other assistive technologies, it violates the Americans with Disabilities Act. In 2025, over 5,000 web accessibility lawsuits have been filed — a 37% year-over-year surge — with 69% targeting e-commerce platforms. Yet only 4% of websites currently meet ADA accessibility standards. Federal courts increasingly recognize that websites of public accommodations must meet accessibility standards — typically WCAG 2.1 AA — to comply with ADA Title III.
Available from all four offices. California residents may also have claims under the Unruh Civil Rights Act.
Common Web Accessibility Barriers
We litigate cases involving websites that fail to provide equal access to individuals with disabilities, including:
- Images without alternative text that screen readers cannot interpret
- Forms without proper labels, making them unusable for blind users
- Navigation that requires a mouse and excludes keyboard-only users
- Videos without captions or audio descriptions
- Insufficient color contrast that affects users with low vision
- Inaccessible pop-ups, overlays, or cookie consent banners
The Legal Standard
The Department of Justice has issued guidance confirming that the ADA applies to websites of public accommodations. Courts apply the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as the benchmark standard. A website that fails to meet these guidelines creates barriers equivalent to physical inaccessibility.
Overlay Widgets Don't Work
Some businesses attempt to achieve compliance by installing accessibility overlay widgets — third-party tools that claim to fix accessibility issues automatically. These tools do not work. In 2024, the FTC fined accessiBe $1 million for deceptive advertising about its overlay product. Courts have rejected overlay use as evidence of ADA compliance. Real accessibility requires proper code remediation, not cosmetic overlays.
California: Enhanced Protections
For California residents, inaccessible websites also violate the Unruh Civil Rights Act, which provides $4,000 minimum statutory damages per violation plus mandatory attorney fees. Any ADA violation is automatically an Unruh violation under California law, making California the strongest jurisdiction for web accessibility enforcement.