ADA website lawsuits explained: who sues, why, and what the law requires

Updated September 21, 2026 · 4 min read

Short answer: Title III of the ADA bars discrimination by businesses open to the public, and courts and the Justice Department have applied it to websites. There is no federal website rule for private businesses, so lawsuits and settlements measure sites against WCAG 2.1 Level AA. Most cases are filed by repeat plaintiffs, mostly in New York, Florida and California.

If you run a website for a US business, you have probably heard that you can be sued if it is not accessible. This guide explains how that works in plain terms: the law behind it, the technical standard everyone uses, who files these cases, and what the open legal questions are. It is general information, not legal advice.

The law: ADA Title III

The Americans with Disabilities Act of 1990 has several parts. Title III prohibits discrimination on the basis of disability by "places of public accommodation," a list of private businesses open to the public: stores, restaurants, hotels, banks, doctors' offices, gyms, schools and many more.

The ADA was written before the commercial web existed, so it does not mention websites. Plaintiffs argue, and many courts agree, that a business's website is part of the goods and services it offers to the public, so it must be usable by people with disabilities. In March 2022, the US Department of Justice published guidance stating its long-held position that the ADA applies to the websites of businesses open to the public.

The standard: WCAG 2.1 Level AA

For private businesses, there is no federal regulation that sets a technical website standard. In practice, everyone uses the Web Content Accessibility Guidelines (WCAG) published by the W3C:

Complaints describe failures that map to WCAG success criteria.
Settlement agreements and court orders usually require conformance with WCAG 2.1 Level AA (sometimes 2.2 AA now).
The Justice Department adopted WCAG 2.1 AA as the standard for state and local government websites under Title II in 2024.

WCAG has three levels: A (the most basic), AA, and AAA. "AA" means meeting every Level A and Level AA success criterion. See the WCAG 2.1 AA checklist for business websites.

Who files these cases

A relatively small number of plaintiffs, often blind or visually impaired people who use screen readers, file a large share of ADA website cases. They are typically represented by a small number of law firms that file cases in volume. Our lawsuit tracker shows how concentrated this is: a handful of repeat plaintiffs account for a large share of tracked federal filings.

Targets are often found with automated accessibility scanners, which is why complaints so often cite machine-detectable problems: missing alt text, unlabeled buttons and form fields, and low-contrast text. E-commerce sites are the most frequent targets, followed by restaurants, hospitality, and consumer services.

Where they are filed

Most federal ADA website cases are filed in New York, especially the Southern and Eastern Districts, and in Florida, with California close behind. Our tracker shows the current split by state and court.

State law raises the stakes in some places. California's Unruh Civil Rights Act treats an ADA violation as a violation of state law and provides minimum statutory damages of $4,000 per violation, which is why many California cases are filed in state court. New York's state and city human rights laws also allow damages claims. The federal ADA itself, under Title III, only allows private plaintiffs to get an order to fix the problem (injunctive relief) plus attorney's fees, not money damages.

Does the ADA apply to my website?

This is where courts disagree:

Some federal appeals courts require a connection (nexus) to a physical place. Under that view, a store or restaurant's website is covered because it relates to a physical location, while an online-only business may not be.
Other courts, notably many federal judges in New York, have held that a website can itself be a place of public accommodation, so online-only businesses are covered too.

Because plaintiffs can often choose where to file, many online-only businesses are sued in courts that take the broader view. The practical takeaway is that businesses selling to the US public online should not assume they are exempt. Talk to a lawyer about your specific situation.

What a typical case looks like

A plaintiff's firm scans websites and a tester visits the site with a screen reader.
A demand letter is sent or a complaint is filed, listing the barriers found.
Most cases settle within months, typically with a payment for attorney's fees and a commitment to remediate the site to WCAG 2.1 AA by a deadline, sometimes with monitoring.
If the site is not actually fixed, the same business can be sued again by a different plaintiff.

If you just received a letter, read what to do in the first two weeks.

Frequently asked questions

Is there a law that says my website must meet WCAG?

Not for private businesses at the federal level. The ADA requires accessibility in general terms, and WCAG 2.1 AA is the benchmark used in lawsuits, settlements and court orders. Some state laws and government contracts reference WCAG directly.

Do small businesses get sued?

Yes. Many ADA website defendants are small and mid-sized businesses, including family-owned restaurants and small online stores. Title III has no small-business exemption.

Can I be sued if my business is not in New York or California?

Yes. Plaintiffs often file in the court where they live and claim they tried to use your website there. A business located anywhere in the US that sells online can end up in a New York or Florida federal court.

Does having an accessibility statement protect me?

A statement on its own does not make a site accessible, but an honest statement with contact information for people who hit a barrier is good practice, and it shows you take requests seriously.

What is the difference between Title II and Title III?

Title II covers state and local governments; the Justice Department's 2024 rule sets WCAG 2.1 AA as their website standard. Title III covers private businesses open to the public and has no equivalent technical regulation yet.

Proof of Access provides technical accessibility assessments. We are not a law firm and nothing on this page is legal advice. If you have received a demand letter or a lawsuit, talk to an attorney.