ADA Title III Web Accessibility
The Americans with Disabilities Act applies to your website. 3,117 federal lawsuits were filed in 2025, a 27% increase. This guide covers what you need to know.
ADA Lawsuit Trend (2017-2025)
| Year | Federal Lawsuits | YoY Change |
|---|---|---|
| 2017 | 814 | Baseline |
| 2018 | 2,258 | +177% |
| 2019 | 2,256 | 0% |
| 2020 | 2,523 | +12% |
| 2021 | 2,895 | +15% |
| 2022 | 3,255 | +12% |
| 2023 | 2,794 | -14% |
| 2024 | 2,452 | -12% |
| 2025 | 3,117 | +27% |
Source: Seyfarth Shaw ADA Title III Litigation data. Federal district court filings only; state court filings add significantly to total.
2026 data will be added once full-year federal filing figures are published by Seyfarth Shaw's ADA Title III tracker (this table's source). Early indicators: UsableNet's 2026 midyear report (filings tracked Jan 1 to Jun 14, 2026) projects digital-accessibility lawsuit volume will set a new full-year record, up roughly 20% over 2025. However, that figure uses a broader multi-court methodology than the federal-only counts above, so it is not directly comparable and is not included as a table row.
Who Does the ADA Cover?
Private Businesses
Businesses that are places of public accommodation: retail, restaurants, hotels, banks, healthcare providers, gyms. Title III has no minimum number of employees. Whether a website on its own is covered depends on the court (see below).
E-commerce Sites
Online stores, subscription services, and any site facilitating commercial transactions are routinely targeted in ADA litigation.
Government Entities
Federal agencies (Section 508), state and local governments (ADA Title II DOJ Final Rule, compliance due 2027-2028).
Apps & Software
Courts have applied Title III to apps as well as websites, for example Robles v. Domino's (9th Cir. 2019), where the app was connected to physical restaurants.
ADA Digital Accessibility Timeline
ADA Enacted
Americans with Disabilities Act signed into law. Covers physical places of public accommodation.
DOJ Letter to Sen. Harkin
A DOJ letter to Senator Tom Harkin says Titles II and III of the ADA cover web communications. First signal of digital scope.
Web Rulemaking Notice
DOJ publishes an advance notice of proposed rulemaking on website accessibility (later withdrawn in 2017).
Supreme Court: Domino's
Supreme Court declines to hear Domino's appeal. Website accessibility lawsuits surge.
DOJ Guidance Issued
DOJ issues web accessibility guidance pointing to WCAG and Section 508 as helpful references, without mandating a specific standard for businesses.
DOJ Title II Final Rule
Final rule mandates WCAG 2.1 AA for state and local government websites and apps (compliance dates extended to 2027-2028).
3,117 Federal Lawsuits
Federal ADA Title III website lawsuits rise to 3,117, up 27% on 2024 (Seyfarth Shaw).
Top 10 ADA Violation Types
These issues come up often in ADA website complaints. AccessiSight's automated checks look for each of them, though some (such as caption quality or keyboard operability) also need a person to confirm.
| # | Violation | WCAG | Level | Impact |
|---|---|---|---|---|
| 1 | Missing image alternative text | 1.1.1 | A | Critical |
| 2 | Insufficient colour contrast | 1.4.3 | AA | Serious |
| 3 | Missing form labels | 1.3.1 / 4.1.2 | A | Critical |
| 4 | Inaccessible keyboard navigation | 2.1.1 | A | Critical |
| 5 | Missing page title | 2.4.2 | A | Serious |
| 6 | No skip navigation link | 2.4.1 | A | Moderate |
| 7 | Video without captions | 1.2.2 | A | Critical |
| 8 | Links with no discernible name | 2.4.4 / 4.1.2 | A | Serious |
| 9 | Focus not visible | 2.4.7 | AA | Serious |
| 10 | ARIA roles misused or missing | 4.1.2 | A | Serious |
How to Reduce ADA Litigation Risk
No approach guarantees zero lawsuits, but this programme covers the strongest available defences.
- 1
Audit against WCAG 2.1 AA
Run a comprehensive automated scan (AccessiSight) plus manual screen reader testing. Document findings.
- 2
Publish an Accessibility Statement
A public statement showing commitment, current conformance level, known issues, and a contact method for feedback.
- 3
Create a remediation roadmap
Prioritise Level A violations first, then AA. Set dates. Track progress. Document everything, which helps show good faith.
- 4
Add a working feedback mechanism
A clearly labelled accessibility feedback link (typically in header/footer), answered promptly, with a way to get the information or service by other means while fixes are in progress.
- 5
Never use overlays as your only defence
Overlays don't fix the underlying code, and the FTC has acted against an overlay vendor over its compliance claims. Fix issues at the source.
- 6
Generate and publish a VPAT/ACR
An Accessibility Conformance Report (based on the VPAT template) documents your conformance and is often requested in enterprise and government procurement.
- 7
Integrate accessibility into your SDLC
Run automated accessibility checks in CI/CD, conduct quarterly audits, and train developers. Ongoing conformance is the strongest long-term defence.
Frequently Asked Questions
Legal Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Accessibility laws and their enforcement evolve. Consult a qualified attorney for legal compliance advice specific to your organisation and jurisdiction.
Find Your ADA Exposure Now
Scan your site against WCAG 2.1 AA, the standard most often referenced in ADA website settlements.