A Look into 2024 ADA Compliance Lawsuits

Back to blog

A Look into 2024 ADA Compliance Lawsuits

Posted December 07, 2024

AudioEye

Posted December 07, 2024

Text box reading 'Look Back at 2024' with balanced scale in the upper left-hand corner and raised gavel in the bottom right-hand corner.
Text box reading 'Look Back at 2024' with balanced scale in the upper left-hand corner and raised gavel in the bottom right-hand corner.

Ready to see AudioEye in action?

Watch Demo

The number of digital accessibility lawsuits remain high in 2024, with websites and mobile apps facing ongoing legal scrutiny. Below, we’ll discuss ADA lawsuit numbers and how to minimize legal risk. 

Even with the growing focus on digital accessibility in recent years, the majority of the web (96%, according to WebAIM) remains inaccessible to individuals with disabilities. The fact that inaccessible websites are still so common emphasizes the need for businesses to prioritize accessibility and take more proactive steps to meet compliance standards, particularly those included in the Americans with Disabilities Act (ADA). 

Further emphasizing the importance of accessibility is the number of ADA website lawsuits filed in the last year. At the end of June 2024, roughly 4,280 Title III ADA lawsuits were filed in federal courts — and that number is expected to double by the end of 2024. 

Below, we’ll examine the latest data around ADA lawsuits and the most common accessibility issues putting organizations (including yours) at risk. We’ll also discuss how to minimize your legal risk and create a more accessible, ADA-compliant website.

ADA Lawsuit Data: Trends from 2023 to 2024

In the last three years, the number of web accessibility lawsuits has been decreasing, with filings dropping from 6,304 in 2021 to 4,081 in 2023. 2024 is likely to see a slight uptick in lawsuit filings, though the numbers will be lower than 2022. However, the issue of ADA compliance is far from resolved — lawsuits are highly likely to continue as businesses fail to meet digital accessibility requirements. Seyfarth Shaw’s projections for ADA lawsuits highlight this, as they estimate we’re likely to see around 8,500 lawsuits by the end of 2024. 

What’s striking about these numbers is their concentration — specific locations have higher amounts of ADA website compliance lawsuits than others. For example, New York and California led the pack in accessibility lawsuits, with New York filing 1,106 lawsuits in the first half of 2024 and California claiming the top spot with 1,588 ADA Title III filings. Florida, Texas, and Pennsylvania round out the top five states for ADA lawsuits. These states consistently rank high due to the large amount of businesses and consumer activity, but also because attorneys in these areas are particularly active in pursuing ADA claims.

The lawsuits themselves span a range of accessibility issues under both Title II and Title III of the ADA. Businesses and public accommodations are being called out for:

  • Websites that exclude people with visual or hearing disabilities are inaccessible. This includes websites with poor color contrast, lack of audio captions, compatibility issues with assistive technologies like screen readers, and missing alt text. 
  • Places of public accommodation that don’t meet ADA requirements include inadequate wheelchair ramps, poorly marked accessible parking spaces, inaccessible restroom facilities, and poorly placed signage.
  • Communication barriers, like lack of closed captioning or inaccessible online documents.
Government building with an accessibility flag on top; a checklist with 'ADA' on the top is on the right side of the building. Two stacked books with a raised gavel over it is on the left side of the building.

Why ADA Lawsuits are Increasing

Even though accessibility — in both physical and online spaces — has come a long way in recent years, the number of ADA lawsuits is still increasing. Why? Because many organizations are still struggling to meet accessibility standards, leaving individuals with disabilities unable to fully access organizations’ products or services. Here’s a closer look at some of the things that could be influencing the rise in ADA lawsuits in 2024.

New Standards and Evolving Expectations

A possible reason for the uptick in legal risk is the introduction of new and updated accessibility standards, many of which organizations are unaware of. For example, recent updates to Title II of the ADA require state and local government programs and services to make their online services and information accessible to individuals with disabilities. Additionally, Section 504 of the Rehabilitation Act has established the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as the accessibility standard for entities receiving federal funding, as determined by the Department of Health and Human Services. 

Not only have these changes raised the bar in terms of accessibility, but they’ve also increased the legal exposure for organizations that haven’t updated their websites or systems to comply with new technical standards.

Increased Enforcement from the U.S. Department of Justice (DOJ)

Another factor is the increased enforcement efforts by the U.S. DOJ. In the last year, the DOJ has issued guidance on website accessibility and taken action against organizations failing to meet ADA standards. This trend is only expected to increase in the coming months, signaling that accessibility compliance is no longer an option — it’s a legal imperative.

Lack of Awareness is Still a Major Concern

Arguably, one of the biggest issues around ADA compliance continues to be a lack of awareness. Many businesses, particularly small businesses, aren’t aware that their websites, mobile apps, web-delivered documents, and other digital content are required to meet accessibility requirements. The gap in understanding leaves them vulnerable to lawsuits, as individuals with disabilities may turn to legal action when they don’t have equal access to physical or online spaces.

A checklist with an accessibility symbol at the top of the page, in front of a laptop computer.

How to Avoid Digital Accessibility Lawsuits

As the number of ADA compliance lawsuits rises, you might wonder how to minimize your legal risk. Below, we’ll discuss ways you can improve accessibility in your digital spaces and take proactive steps toward ADA compliance.

Get Educated

First, educate yourself. As we discussed above, one reason organizations are sued is because they aren’t aware of the compliance requirements they’re legally obligated to follow, which puts them at significant risk. Start by understanding which accessibility standards apply to your business. 

For example, if your organization operates within the U.S., you must comply with the ADA. However, there may be some additional accessibility requirements you need to meet on a state level. The California Unruh Act, for example, applies to all businesses operating within the State of California. Government and federal agencies also have additional legal requirements around accessibility they need to comply with, including those outlined in Section 508. 

It’s also important to call out that no business is too small to be targeted by ADA compliance lawsuits. In fact, 77% of ADA lawsuits filed in 2023 were against organizations with under $25 million in revenue. 

Whether you run a local retail store, a non-profit, an e-commerce site, or a mid-sized enterprise, accessibility compliance isn’t just for large corporations—it’s essential for everyone. Understanding the accessibility standards you’re required to follow can help prevent legal lawsuits, expensive fines, and demand letters and protect your reputation.

Aim for Conformance with WCAG 2.1 Level AA

As a best practice, aim to conform with the accessibility standards outlined in WCAG 2.1 Level AA. These guidelines are considered the international standard for creating accessible web designs and cover everything from color contrast and keyboard navigation to ensuring images include alt text. Following WCAG 2.1 can help you significantly lower your legal exposure while making your digital spaces more inclusive. 


It’s important to note that while it’s not yet a legal standard in the U.S., you should aim to conform to WCAG 2.2. WCAG 2.2 includes nine additional success criteria that reflect evolving industry needs, including improved keyboard focus states, additional considerations for users with cognitive disabilities, and improvements for mobile devices. Staying ahead of these updates can help you adapt to new changes in accessibility requirements while building a more accessible, compliant experience for your users.

Make Accessibility Part of Your Creation Process

Accessibility shouldn’t be an afterthought — it should be part of your content creation process. Embedding accessibility into your design and development workflows helps you ensure your content is accessible from the start, saving you a significant amount of time and effort later on. 

Here are a few simple, accessible design practices you can add to your workflows:

  • Use clear, descriptive headings to ensure your content is organized logically.
  • Ensure all non-text content, including images, charts, and graphs, have alt text.
  • Choose color combinations that have sufficient color contrast ratios. 
  • Ensure your interactive elements, such as buttons or menus, have visible focus indicators.
  • Provide captions for videos and transcripts for audio content.
  • Ensure all digital content is compatible with assistive technology, including screen readers.

Following these practices can help you create digital content that meets accessibility standards while improving the overall user experience.

Conduct Regular Accessibility Testing

No matter how well you design for accessibility, regular testing is essential to catch issues before they become a problem. Using free tools, like AudioEye’s Web Accessibility Scanner, can help you find common accessibility issues, enabling you to take proactive steps to fix them. 

However, it’s important to note that automated tools can only find common accessibility issues. More complex issues, like how descriptive your alt text is or how user-friendly your site is to screen reader users, are typically missed by automated tools. To ensure these issues don’t slip through the cracks, it’s important to conduct accessibility testing overseen by accessibility experts.

Prioritize Accessibility as a Core Value

Accessibility needs to be more than just a checklist — it should be a core part of your organization’s values and processes. By prioritizing accessibility in every part of your business, you not only reduce your legal risk but also demonstrate a commitment to inclusion that resonates with customers, employees, and the broader community. 

Here’s the bottom line: Accessibility isn’t just a legal obligation; it’s a business opportunity that allows you to build trust and loyalty while making a meaningful impact.

Ready to see AudioEye in action?

Watch Demo

Ready to test your website for accessibility?

Scan your website now.

Share post

Topics:

Keep Reading