Is Your Website Accessible? What US Businesses Need to Know About ADA
Quick answer: Website accessibility lawsuits under the Americans with Disabilities Act number in the thousands each year, with e-commerce a frequent focus for some plaintiff firms, and WCAG 2.1 Level AA is the standard most often referenced. The practical defence is a site that people using screen readers, keyboards and other assistive tools can actually use. This is general information, not legal advice.
The numbers behind the worry
Trackers count these cases differently, but they agree on the direction. One tracker, ADA Quick Scan, reported more than 8,000 website accessibility lawsuits in 2025, roughly 37% more than the 5,840 it counted for 2024. Its figures are not perfectly consistent across the page, so treat the exact total as approximate. The same source lists settlement ranges quoted by various plaintiff firms of roughly $25,000 to $90,000, plus attorney fees, and notes that some plaintiff firms focus specifically on e-commerce and hospitality sites.
That is before the cost of fixing the site, changing vendors or dealing with the distraction. For a small business, even one demand letter is a big deal.
What "compliant" usually means
US law does not spell out a technical checklist for private business websites. In practice, courts, plaintiffs and settlements most often point to the Web Content Accessibility Guidelines (WCAG), usually version 2.1 at Level AA. WCAG 2.2 has since been published and adds a few more checks, so building to 2.2 is a sensible way to stay ahead.
You may also hear about a Department of Justice rule. It applies to state and local government websites, and a 2026 interim rule pushed back its compliance dates to April 2027 for larger entities and April 2028 for others. It does not directly regulate private businesses, which are exposed through civil lawsuits instead, so do not treat the extension as breathing room.
A practical checklist for your site
- Alt text on meaningful images. Describe product photos and informative graphics. Mark decorative ones so screen readers skip them.
- Colour contrast. Normal text should have a contrast ratio of at least 4.5 to 1 against its background. Light grey on white is the usual offender.
- Keyboard access. Everything you can do with a mouse must work with the Tab, Enter and arrow keys, including menus, pop-ups and checkout.
- Visible focus. People need to see where they are on the page.
- Labelled forms. Every field needs a proper label, with clear error messages that explain what went wrong.
- Headings and structure. Use real heading tags in order so screen reader users can navigate.
- Captions and transcripts. Videos need captions, and audio needs a transcript.
- No time traps. Sliders, auto-play carousels and countdown timers should be pausable.
- Accessible PDFs and documents. A scanned image of a price list is not accessible.
- Test checkout end to end. Run through the whole purchase with keyboard only, then with a screen reader.
About quick-fix overlay widgets
Many vendors sell a one-line script that promises instant compliance. Accessibility specialists generally warn that overlays alone do not make a site accessible, because the underlying code and design still have to work. Treat a widget, if you use one, as an extra, not as the fix.
How to approach it without panic
Run an automated scan to catch the easy problems, then do a manual check, because automated tools find only a portion of issues. Fix the pages that matter most first, which are the homepage, product pages, forms and checkout. Publish an accessibility statement with a contact method so people can report problems. Make accessibility part of every new page and update, so you do not slide backwards.
It helps SEO too. Descriptive alt text, logical headings, readable text and fast pages are things search engines like as well, and an accessible site is easier for everyone to use.
FAQs
Does the ADA apply to my small business website?
Lawsuits have been filed against businesses of many sizes. Ask your lawyer how it applies in your state and industry.
Which WCAG version should I follow?
Aim for WCAG 2.1 Level AA at minimum, and build new work to 2.2 where you can.
Will an accessibility overlay protect me?
Not by itself. The site has to be built and tested to work.
Is there a federal rule for private business websites?
The DOJ web rule covers state and local governments. Private businesses face risk mainly through civil lawsuits.
Related reading: Shopify vs WooCommerce vs Custom: Which Ecommerce Platform Should a US Store Choose in 2026?
Want an accessibility review?
Websigntist builds websites and online stores for US businesses with accessibility and performance in mind. If you would like a review of your current site, get in touch.
Source: ADA Quick Scan, ADA Website Accessibility Lawsuit News. This article is general information and not legal advice.
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Written by
Muhammad Adnan
Founder & Director, Websigntist
Muhammad Adnan is the founder and director of Websigntist, a digital solution and global IT consulting company. He has 14+ years of experience working with 120+ clients from 10+ countries helping businesses with website design and development, eCommerce, SEO, digital marketing, branding and custom digital solutions. He's all about building practical, reliable and results-driven solutions that help businesses achieve online growth, as reflected by a 98% client satisfaction rate.
