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  • Judge Pushes Back on Serial ADA Plaintiffs

    The Americans with Disabilities Act (ADA) was enacted in 1990 to prohibit discrimination against people with disabilities. Over the years, it’s helped make public spaces—including digital environments—more accessible to everyone. However, the rise of serial ADA plaintiffs—individuals who file dozens or even hundreds of lawsuits—has raised serious concerns among business owners and judges alike. Some of these cases appear less about securing genuine accessibility improvements and more about generating quick financial settlements.

    Recently, a federal judge pushed back against this growing trend, signaling that the courts are beginning to question the motives and tactics of some serial ADA plaintiffs. This shift could mark a turning point for businesses frustrated by opportunistic lawsuits. But it doesn’t mean business owners can relax when it comes to ADA compliance—especially online.

    In this article, we’ll explore what serial ADA litigation looks like, why businesses risk non-compliance in the first place, how a recent judge’s ruling might change the game, and what proactive steps businesses can take to protect themselves. We’ll also show how partnering with a firm like 216digital can ensure your digital properties are accessible and legally compliant.

    What Are Serial ADA Plaintiffs?

    A serial ADA plaintiff is someone who files multiple lawsuits under the ADA, often targeting small businesses for alleged accessibility violations. While the ADA is a civil rights law that rightly empowers individuals to hold businesses accountable, these serial filings usually follow a pattern:

    • Rapid-fire lawsuits: Dozens of complaints are filed in a short period, often by the same attorney.
    • Low-hanging claims: Plaintiffs target minor infractions, such as font contrast issues or missing alt text on websites.
    • Settlement-focused: Lawsuits are usually resolved with monetary settlements rather than actual accessibility improvements.

    These actions put a financial strain on small and mid-sized businesses, many of which settle to avoid legal fees—even if they were unaware of the issues or were actively working toward compliance.

    Why Do Businesses Risk ADA Non-Compliance?

    Many business owners want to do the right thing, but digital accessibility often falls through the cracks for a few reasons:

    • Lack of awareness: Some companies don’t realize ADA applies to their websites, not just physical locations.
    • Complex regulations: Accessibility laws and standards like WCAG (Web Content Accessibility Guidelines) can be difficult to interpret without expert guidance.
    • Limited budgets: Small businesses may not have the resources to hire in-house accessibility experts.
    • Inconsistent enforcement: Until recently, the legal system’s tolerance for serial plaintiffs made compliance seem like an expensive guessing game.

    Unfortunately, ignorance of the law doesn’t exempt businesses from lawsuits—especially when aggressive litigants are actively seeking out violators.

    Judge Cogan Pushes Back: A Turning Point?

    In a recent case, federal Judge Cogan of California dismissed multiple web accessibility lawsuits brought by a serial plaintiff, citing a lack of standing and evidence of genuine harm. The court noted that the plaintiff had filed over 50 nearly identical lawsuits against small businesses, often without ever intending to visit or interact with them in any meaningful way.

    Judge Cogan questioned whether the plaintiff had suffered real injury or was simply using the ADA as a tool to generate settlements. The ruling emphasized that the purpose of the ADA is to promote meaningful access, not to enable exploitative litigation.

    This decision doesn’t make digital accessibility any less important—but it sends a clear message: the courts are starting to scrutinize the intentions behind ADA lawsuits. It’s a warning to serial plaintiffs and an opportunity for businesses to address compliance proactively rather than react to legal threats.

    Practical Steps to Avoid Being Targeted

    Whether or not the courts are curbing serial litigation, businesses should take real accessibility seriously. Here are steps to protect your brand, reduce legal risk, and create better experiences for all users:

    1. Conduct a Professional Accessibility Audit

    Start by identifying what accessibility issues exist on your website. Automated tools can catch some problems, but a full audit—especially one that includes manual testing with assistive technologies—is the gold standard.

    2. Fix the Most Common Accessibility Errors

    Serial plaintiffs often target:

    • Missing alt text on images
    • Poor color contrast
    • Inaccessible navigation menus
    • Improper heading structures
    • Forms that can’t be completed with a keyboard

    Addressing these issues can significantly lower your risk of being sued.

    3. Document Your Accessibility Efforts

    Even if your site isn’t perfect, showing that you’re making active efforts can make a difference in court. Keep records of audits, remediations, and ongoing updates.

    4. Stay Informed on Legal Requirements

    Accessibility standards evolve. Staying up to date on WCAG guidelines and DOJ updates to ADA interpretations is essential to maintaining long-term compliance.

    5. Implement Ongoing Monitoring

    Accessibility isn’t a one-and-done project. Use tools like a11y.Radar, offered by 216digital, to continuously monitor and address new issues before they become problems.

    How 216digital Helps You Stay Accessible—and Lawsuit-Proof

    At 216digital, we specialize in helping businesses of all sizes navigate the often-confusing world of digital accessibility. We go beyond automated scans and generic checklists to provide comprehensive, real-world accessibility services that keep you compliant and reduce your legal exposure.

    Our Services Include

    • Phase 1 Risk Mitigation: We identify and fix the most high-risk accessibility issues that could attract serial ADA plaintiffs.
    • Phase 2 Real-World Accessibility: We use screen readers, keyboard-only navigation, and other assistive technologies to test your site like real users do.
    • a11y.Radar Monitoring: Our proprietary service provides ongoing accessibility monitoring and alerts, ensuring your site stays compliant even as content changes.
    • Accessibility Consulting and Training: We don’t just fix your website—we empower your team with the knowledge and tools to maintain accessibility long-term.

    By working with 216digital, you’ll avoid frivolous lawsuits and create a better online experience for all your users, including those with disabilities.

    Final Thoughts

    The recent judicial scrutiny of serial ADA plaintiffs is a promising development for business owners who feel trapped between doing the right thing and defending against exploitative lawsuits. But make no mistake: web accessibility still matters—and compliance is still your responsibility.

    Rather than playing defense after a lawsuit hits your inbox, you can take a proactive approach that protects your business, supports your customers, and aligns with the original spirit of the ADA.

    Let 216digital help you stay compliant, reduce risk, and deliver a more accessible web experience for everyone.

    Need help getting started?

    Contact 216digital today for a professional web accessibility audit and find out how we can help you safeguard your digital presence from serial ADA plaintiffs.

    Greg McNeil

    April 10, 2025
    Legal Compliance
    Accessibility, ADA Lawsuit, Web Accessibility, Website Accessibility
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