The Rise of ADA Website Lawsuits
ADA compliance is probably the last thing on your mind when it comes to running a business. But lately, we’ve been seeing firsthand what happens when a small business gets caught in the crossfire of an ADA lawsuit, and it’s not pretty.
We’ve been working closely with a consultant, helping businesses improve their website’s accessibility, and let’s be real—most of them never thought they’d need it. But when the lawsuits start rolling in, the lack of compliance becomes a major liability.
What’s worse? Many of these lawsuits aren’t about genuine accessibility concerns. Instead, they’re part of a legal loophole that some law firms are exploiting to shake down small businesses for settlements. These firms aren’t targeting big corporations like Amazon or Facebook. They’re going after local businesses that don’t have the legal firepower to fight back.
The reality is, ADA compliance isn’t just about avoiding lawsuits. It actually benefits your users and makes your website more accessible for everyone. And in many cases, a simple accessibility fix can prevent a costly legal battle.
So let’s break this down:
- Why are small businesses being targeted?
- What does ADA compliance even mean for websites?
- How can a simple, affordable accessibility tool protect you from lawsuits?
If you own a business and have a website, this is something you need to know, before you become the next target.
Understanding ADA Website Compliance & Lawsuits
The Americans with Disabilities Act (ADA) was created to ensure that people with disabilities have equal access to businesses, services, and digital spaces, including websites. In theory, this is a great initiative. In reality, vague compliance standards and legal loopholes have turned ADA website compliance into a goldmine for opportunistic lawyers.
Why Are Small Businesses Being Targeted?
The Pattern is Clear:
- A small business owner receives a demand letter out of nowhere.
- The letter claims their website is not accessible to someone with a disability.
- The plaintiff, often working with a law firm specializing in ADA lawsuits, demands up to $75,000 for the first violation and $150,000 for each additional violation.
- The business owner, unaware of any violations, is suddenly facing an expensive legal battle.
- Most business owners settle for $10,000–$20,000 because it’s cheaper and easier than hiring a lawyer and going to court.
Here’s the kicker: Many of these lawsuits aren’t filed in good faith. They come from law firms that mass-produce these claims, targeting businesses that lack the legal budget to fight back. Instead of going after corporations, they blanket local businesses with lawsuits, knowing most will settle quickly to avoid the hassle.
ADA Compliance is Ambiguous; And That’s the Problem
Unlike physical accessibility (wheelchair ramps, braille signs), ADA web compliance is vague. There’s no single, official checklist for what makes a website compliant. Instead, businesses are expected to follow Web Content Accessibility Guidelines (WCAG), which are complex, evolving, and open to interpretation.
A website could be flagged for:
✅ Text contrast not being high enough.
✅ Buttons not having clear labels.
✅ Navigation not being fully keyboard-accessible.
✅ Images missing detailed alt text descriptions.
✅ Third-party integrations (like booking tools or payment processors) not being accessible.
The problem? No website is 100% compliant, not even Google, Amazon, the court systems handling these cases, and here’s the kicker.. Most of the law firms filing the cases have the worst ADA compliant websites. But only small businesses get sued.
In one recent case, we seen a law firm filed several lawsuits in one week against local businesses in their city. That’s not accessibility advocacy; it’s a shakedown.
Case Study: How One Business Beat an ADA Lawsuit
While many businesses choose to settle, some fight back, and win. A recent court case, Erkan v. David A. Hidalgo, MD, P.C., set an important precedent by recognizing an AI-powered accessibility solution as a valid measure for compliance.
The Case: Erkan v. Hidalgo
Dr. David Hidalgo, a plastic surgeon, was hit with an ADA lawsuit claiming that his website was inaccessible. The lawsuit followed the usual pattern:
- A plaintiff claimed they were unable to access certain features of his site.
- A law firm filed a formal complaint, demanding damages.
- Dr. Hidalgo now faced the difficult choice of settling or fighting back in court.
However, unlike many business owners, Dr. Hidalgo had already taken steps to improve accessibility by installing accessWidget; an AI-powered tool designed to help websites meet ADA compliance standards.
The Court’s Ruling: Compliance Measures Matter
When the case went to court, Dr. Hidalgo was able to provide:
✅ Audit reports showing ongoing accessibility improvements.
✅ An accessibility statement demonstrating compliance efforts.
✅ Proof that accessWidget was actively enhancing usability for disabled users.
The judge ruled that these efforts were sufficient to dismiss the lawsuit, stating that “the site’s use of an accessibility widget” was enough to prevent further claims.
This case is a game-changer for small businesses. It proves that proactive accessibility efforts can protect businesses from lawsuits, and that AI-powered solutions like accessWidget are being recognized by the courts as legitimate compliance tools.
The Role of AI in Web Accessibility & Legal Protection
With ADA lawsuits skyrocketing, small businesses need affordable, effective compliance solutions, and that’s where AI-powered tools come in.
How AI Accessibility Tools Work
Traditional accessibility audits are expensive and time-consuming, often costing thousands of dollars and requiring manual fixes. AI-driven tools like accessWidget offer an affordable alternative by:
✅ Automatically scanning and fixing accessibility issues in real time.
✅ Adjusting text, color contrast, and navigation to meet WCAG standards.
✅ Providing an accessibility interface so users can customize their experience.
Instead of waiting for a lawsuit, businesses can proactively improve accessibility at a fraction of the cost.
Why Businesses Shouldn’t Ignore Accessibility
Many business owners assume ADA compliance won’t affect them, until they get sued. But accessibility isn’t just about avoiding lawsuits; it’s also about:
- Better user experience for all visitors.
- Improved SEO rankings (Google favors accessible websites).
- Increased conversions & engagement from a more inclusive audience.
At the end of the day, accessibility isn’t just a legal checkbox; it’s a business advantage.
What Businesses Can Do to Avoid Lawsuits
If you own a website, taking proactive steps now can save you thousands in legal fees later. Here’s what you can do:
✅ 1. Install an AI-Powered Accessibility Solution
- Tools like accessWidget provide instant accessibility improvements.
- Recognized by the courts as a valid compliance measure.
- Affordable alternative to costly manual audits.
✅ 2. Perform Regular Accessibility Audits
- Use free accessibility checkers or hire an expert.
- Fix common issues like missing alt text, contrast errors, and navigation barriers.
✅ 3. Ensure Third-Party Plugins & Integrations Are Compliant
- Many shopping carts, booking systems, and payment processors aren’t fully accessible.
- Make sure all third-party tools meet WCAG guidelines.
✅ 4. Offer Alternative Contact Options
- If users struggle to navigate your website, make it easy for them to call, email, or use a chat feature.
Final Thoughts: Protect Your Business Before It’s Too Late
ADA compliance is becoming a bigger issue every year, and waiting until you get sued is a losing strategy.
We know this isn’t a priority for most businesses, but we’ve seen firsthand what happens when small businesses get caught up in frivolous lawsuits. Many never expected to be targeted, and by the time they realize the risk, it’s too late.
The good news? There’s an easy, affordable solution.
Get ADA Compliant Today, Risk-Free Setup!
- Install accessWidget now and protect your business from predatory lawsuits.
- Contact us for free setup assistance; we’ll handle everything for you.
By taking action now, you’re not just protecting your business, you’re also making the web more accessible for everyone.
