In 2024, digital accessibility became a critical focus for businesses as ADA compliance lawsuits revealed new challenges and risks. While the number of lawsuits stayed high, the strategies behind them shifted in surprising ways. These changes underscored the growing need for businesses to stay proactive, not just reactive, about accessibility.
Whether you’re a business owner, developer, or part of an e-commerce team, understanding these trends can help you avoid legal pitfalls and create a better online experience for everyone. In this article, we’ll explore how ADA compliance lawsuits evolved from 2023 to 2024 and share practical steps to safeguard your business.
The Rise and Shift of ADA Lawsuits for Websites
In 2023, there were more than 4,500 website-related ADA lawsuits—continuing an upward trend from previous years. By 2024, that number stayed significant, with over 4,000 filings. However, the real story lies in how these cases progressed. While federal lawsuits dipped slightly, state-level claims surged, catching some businesses off guard.
But where are these lawsuits happening most often? Understanding the geographic hotspots for ADA litigation can give businesses insight into where compliance is under the most scrutiny—and help them prepare accordingly.
Geographic Hotspots
New York again stood out as a hotspot for ADA lawsuits. Favorable state laws and a high concentration of plaintiff law firms contributed to a spike in litigation there. California remained a close second, largely due to its “physical nexus” requirement that often ties digital accessibility to brick-and-mortar stores. For businesses operating or selling in these states, the message was clear: staying ahead of accessibility standards is crucial to reduce legal exposure.
Widgets and Overlays Don’t Cut It
It came as no surprise in 2024 that accessibility widgets and overlays repeatedly fell short of their promises. Many of these so-called “quick fixes” only mask deeper barriers instead of truly solving them—an approach that inevitably leaves websites vulnerable to lawsuits. Over 1,000 businesses discovered this the hard way last year, getting hit with legal action despite having widgets in place.
Why Do Overlays Fail?
Widget typically offer superficial features like text-to-speech or color contrast settings, but they don’t fix the underlying coding errors—unlabeled buttons, broken forms, or improper heading structures—that truly affect users with disabilities. Plaintiffs and their attorneys have become more vigilant in spotting these shortcomings, and rightfully so. If a website is rife with barriers, a widget can’t make it magically accessible. Instead, a holistic approach that addresses root design and development problems is the only reliable way to ensure your site is inclusive and shielded from legal challenges.
Even beyond the issues with overlays, businesses faced another growing challenge in 2024: repeat lawsuits.
The Growing Challenge of Repeat Lawsuits
One of the most alarming trends of 2024 was the rise in repeat lawsuits. Around 40% of lawsuits targeted businesses that had already been sued. Yup, repeat lawsuits are on the rise, and they’re exposing a common problem.
Many companies settle a case, fix a few issues, and then move on. But if you only patch up one part of your site—or ignore your mobile app and subdomains—you’re leaving the door wide open for another round of ADA lawsuits.
The lesson here is pretty clear: you need a comprehensive approach to accessibility. That means reviewing every part of your online presence, not just the parts that got flagged before.
Why E-Commerce Websites Were the Hardest Hit
Just like in 2023, e-commerce businesses were a favorite target for ADA lawsuits in 2024. It’s not hard to see why.
Online stores change all the time—new products, fresh promotions, and constant updates. But every tweak and addition is an opportunity for accessibility issues to sneak in. If your product images don’t have alt text or your checkout page isn’t screen reader-friendly, you’re putting up barriers for customers.
And here’s the kicker: it’s easy for plaintiffs to prove harm when they can show they couldn’t complete a purchase because of these barriers. That makes e-commerce sites a prime target.
The takeaway? Prioritize accessibility. It’s not just about avoiding lawsuits—it’s about making shopping easier and more enjoyable for everyone.
What You Can Do to Avoid ADA Lawsuits
So, what’s the game plan for staying out of trouble? Here are some practical steps to help you avoid ADA lawsuits:
- Audit Your Site Regularly: Use tools to check for issues like missing alt text, poor keyboard navigation, or inaccessible forms. And don’t stop at automated tools—manual checks are just as important.
- Work With Accessibility Pros: Partner with experts who can guide you through the process of making your site compliant.
- Educate Your Team: Train your developers, designers, and content creators on accessibility best practices. The more they know, the fewer issues they’ll create.
- Involve Real Users: Test your site with people who use assistive technologies. Their feedback is invaluable.
- Ditch the Widgets: Instead of relying on overlays, invest in long-term fixes that address the root of your accessibility challenges.
Accessibility: A Legal Requirement and a Moral Choice
The rise in ADA lawsuits from 2023 to 2024 proves that accessibility isn’t going away. If anything, the pressure to comply will only grow, especially with new guidelines like WCAG 2.2 and increased enforcement from the Department of Justice.
But accessibility isn’t just about avoiding lawsuits. It’s about making the internet a more inclusive space. When your website is accessible, you’re opening your doors to everyone, regardless of ability.
Don’t leave accessibility to chance. At 216digital, we specialize in helping businesses like yours navigate the complexities of digital accessibility. From comprehensive audits to ongoing support and monitoring through our a11y.Radar tool, we’ve got you covered. Let us help you stay compliant, reduce your risk, and create a website that works for everyone.
Take the first step today—schedule your ADA compliance consultation with 216digital. Together, we’ll build a more inclusive digital experience for your business and your customers.