ADA Lawsuits: Looking Back at 2024 and 2025 Forecast

Originally Posted on August 8, 2024

The world is becoming increasingly digitized, and it’s opened up numerous opportunities and yielded significant benefits for users worldwide. Yet, people with disabilities are being overlooked in digitization efforts; many can only fully access 3% of the web. 

As digital platforms become even more integral to daily life, businesses face more pressure to comply with digital accessibility regulations included in the Americans with Disabilities Act (ADA). The rise in ADA lawsuits in the last several years, including 2024, with over 4,000 lawsuits filed, only increases the pressure on organizations to provide accessible digital content.

Why are ADA lawsuits on the rise? Why are they expected to increase in 2025? We’ll provide an overview of ADA lawsuits in the U.S., why they were filed, and why ADA website lawsuits will continue rising below. But first, a quick refresher on the ADA and the accessibility standards organizations need to follow to be considered ADA-compliant.

What is the Americans with Disabilities Act?

The ADA prohibits discrimination against individuals with disabilities in places of public accommodation. While commonly associated with physical spaces and providing accommodations like wheelchair ramps or elevators, the ADA also applies to online spaces. Put simply, the ADA requires digital content, including websites, mobile apps, online documents, and online interfaces, to be accessible to individuals with disabilities, ensuring they have equal access to the digital realm. 

The ADA is made up of five titles: 

• Title I: Title I prohibits employers from discriminating against people with disabilities in employment spaces. For example, organizations must ensure individuals with disabilities have the same opportunities and benefits as those without disabilities. 
• Title II: Title II of the ADA requires states and local government entities, including state executive legislatures, school districts, and public education institutions, to provide accessible online content. Title II also requires that any content made by a third party and made available by a government agency be accessible.
• Title III: Title III of the ADA applies to public accommodations and services operated by private entities, including hotels, retail stores, restaurants, movie theaters, sports stadiums, etc. Under Title III, these facilities cannot discriminate against individuals with disabilities and must make “reasonable accommodations” to physical and online processes to accommodate people with disabilities.
• Title IV: Under Title IV, telephone and internet companies must provide accessible communication services, including relay services for individuals with hearing or speech disabilities. 
• Title V: Title V includes miscellaneous provisions, such as prohibiting retaliation against individuals who exercise their ADA rights and clarifying how the law interacts with other federal and state regulations. 

What is ADA Compliance?

To be ADA-compliant, organizations must design and develop accessible online spaces that remove barriers for people with disabilities. At a federal level, the U.S. Department of Justice (DOJ) has stated that businesses covered under Title III of the ADA must ensure their websites are accessible. Organizations that fail to provide accessible online spaces have faced lawsuits from the DOJ, reinforcing the need to provide accessible online spaces.

The ADA also applies at the state level. State laws like California’s Unruh Act have led to a surge in accessibility lawsuits, especially against eCommerce sites, restaurants, and service providers. States like New York and Florida have also seen an increase in litigation, with plaintiffs arguing in state courts that inaccessible websites prevent them from accessing essential goods and services.

To meet accessibility requirements enforced by the U.S. DOJ, organizations must follow the standards outlined in the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. These guidelines are considered the accepted benchmark for compliance. Some of these guidelines include:

• Text and images have a minimum color contrast ratio of 4.5:1. 
• Captions or audio descriptions are included for video content. 
• Alt text is included for all images or non-text content.
• Headings follow a hierarchical order (H1, H2, H3).
• Digital content is compatible with assistive technologies, including screen readers.
• Users can navigate through content using keyboard commands or shortcuts alone.
  

These are just some of the accessibility standards in WCAG 2.1 that contribute to ADA compliance. For a more detailed list, view our Comprehensive WCAG Checklist.

ADA Lawsuit Trends in 2024

Seyfarth Shaw states, “[Though] we are still finalizing the numbers, 2024 saw a meaningful increase in federal ADA Title III lawsuits from 2023.” Some of the noteworthy numbers from Seyfarth Shaw’s report include:

• Twenty prolific law firms were responsible for 4,000 court filings last year. So Cal Equal Access Group led the pack with an astounding 2,598 federal ADA Title III lawsuits filed in 2024. Stein Saks in New York followed with 395 lawsuits, Sconzo Law with 193 lawsuits, and Gottlieb Associates with 190 lawsuits. 
• Two of the biggest class action battles in 2024 were regarding self-service check-in kiosks, with one case “resulting in a judgment for the plaintiff who submitted a fee petition in excess of $10 million.”
• Many digital accessibility lawsuits filed in 2024 alleged that websites were inaccessible to blind users. 
• Lawsuits regarding physical access barriers in public places continue. 

Most website accessibility lawsuits happen when individuals with disabilities encounter accessibility issues that prevent them from accessing or easily using digital content. For example, the DOJ filed a lawsuit against the State of Alaska Division of Elections for violating the ADA. The lawsuit alleged that the State of Alaska failed to provide accessible voting machines, or if they did, they did not work. 

One voter with a visual disability required assistance to vote using a paper ballot as no magnification device was available. Another voter with difficulty walking, moving, writing, and talking also struggled to complete paperwork. No assistance was provided by poll workers in this instance.

The DOJ required the State to implement an accessible voting system at all federal, state, and local elections and provide accessible online voting information. The State was also required to remove any physical barriers to voting locations, including providing wheelchair access and accessible parking lots.

The above is just one example of an ADA lawsuit. Thousands of other businesses have been used for lack of both physical and online accessibility — Vita Coffee, Sub-Zero Group, New Green Nutrition, Madame Tussauds Orlando, and Jomart Chocolates Corp are a few examples. 

As the world becomes more digital, the legal risks surrounding organizations also increase. Businesses must comply with ADA accessibility guidelines or face potential legal consequences, including expensive ADA website lawsuits and demand letters. By conducting regular ADA audits, participating in accessibility training, and keeping accessibility in mind from the beginning, businesses are better positioned to meet ADA standards.

Ensure ADA Compliance with AudioEye

With 1.3 billion people worldwide having a disability, the chances of your organization receiving a demand letter or facing legal action for a lack of accessibility is high. Ensuring your digital is ADA-compliant is the only way to minimize your risk, maintain your brand reputation, and increase functionality and usability for all users. 

To help you get started on the path to ADA compliance, there’s AudioEye. Our three-pronged approach to accessibility allows you to achieve industry-leading compliance faster, easier, and in a more cost-effective manner. From our free Web Accessibility Scanner that finds 30 WCAG violations (more than any other tool on the market) to our Expert Audits run by our team of accessibility experts and individuals from the disability community, AudioEye simplifies your path to ADA website compliance. Plus, with AudioEye Assurance, you’ll enjoy legal protection that’s 400% better than consulting or automation-only approaches. 

Ready to get started on the path to accessibility? Enter the URL of your digital content into our Web Accessibility Scanner below.

Want to see how AudioEye can protect you from ADA lawsuits? Schedule a demo today!