eCommerce Accessibility Lawsuits: Why Online Retailers Are Prime Targets

In 2023, over 4,605 federal ADA website accessibility lawsuits were filed in the United States—and eCommerce sites made up the majority of those cases. If you operate an online store, your website is statistically more likely to face legal action than almost any other type of digital property. Understanding why eCommerce accessibility lawsuits have exploded and what triggers them is the first step toward protecting your business.

The digital accessibility landscape has shifted dramatically. What was once considered a "nice-to-have" feature is now a legal requirement that plaintiffs' attorneys actively enforce. For online retailers, the combination of high transaction volumes, broad consumer reach, and constantly changing product catalogs creates a perfect storm of legal vulnerability.

This guide breaks down exactly why eCommerce sites attract accessibility lawsuits, the legal arguments plaintiffs use, what violations trigger legal action, and—most importantly—how to protect your online store from becoming the next defendant.

The Rise of ADA Website Accessibility Lawsuits

Web accessibility litigation has grown exponentially over the past decade. According to data compiled by accessibility law firms, federal ADA website lawsuits increased from just over 800 cases in 2017 to more than 4,600 in 2023. This represents a nearly six-fold increase in just six years.

What's Driving the Lawsuit Surge?

Several factors have converged to create the current litigation environment:

Legal precedent has solidified. Courts have increasingly ruled that websites qualify as "places of public accommodation" under Title III of the Americans with Disabilities Act. While the ADA was written before the commercial internet existed, courts have interpreted its provisions to cover digital spaces where businesses serve the public.

Plaintiff attorneys have specialized. A cottage industry of law firms now focuses exclusively on ADA digital accessibility claims. These firms have developed efficient processes for identifying non-compliant websites and filing complaints at scale.

Awareness has increased. People with disabilities are more aware of their rights and more willing to take action when websites exclude them. Advocacy organizations have also raised visibility around digital accessibility issues.

Technical standards are clear. The Web Content Accessibility Guidelines (WCAG) provide specific, testable criteria that courts reference when evaluating compliance. This clarity makes it easier to demonstrate violations.

Why eCommerce Sites Face Disproportionate Legal Risk

Not all websites face equal lawsuit risk. eCommerce sites are disproportionately targeted for several interconnected reasons that make them attractive to plaintiffs and their attorneys.

High Transaction Volume Means Higher Potential Damages

Online stores process financial transactions that directly impact consumers. When a person with a disability cannot complete a purchase due to accessibility barriers, the harm is concrete and measurable. Courts can quantify damages based on lost purchases, and the pattern of ongoing transactions creates evidence of repeated violations.

A 2023 report from the National Retail Federation shows that U.S. eCommerce sales exceeded $1.1 trillion, representing over 15% of total retail sales. This massive transaction volume means eCommerce accessibility failures affect millions of potential purchases.

B2C Nature Exposes Companies to Broad Consumer Base

Business-to-consumer eCommerce sites serve the general public, which includes the approximately 61 million American adults living with disabilities—roughly 26% of the adult population. Unlike B2B software that serves a limited client base, consumer-facing retail sites interact with a massive pool of potential plaintiffs.

Every person who encounters an accessibility barrier on your site is a potential complainant. With millions of Americans using assistive technology to navigate the web, the statistical likelihood of encountering a frustrated user who decides to take legal action increases dramatically with traffic volume.

High Brand Visibility Invites Scrutiny

Well-known retail brands attract attention from plaintiff attorneys specifically because settlements with recognizable companies generate larger payouts and more publicity. The Target accessibility lawsuit settlement of 2008—which resulted in a $6 million class action payment—established a template that attorneys continue to follow.

If your brand has significant market presence, you're more likely to appear on plaintiff attorneys' radar. They actively scan high-traffic retail sites for accessibility violations, knowing that established brands have deeper pockets and stronger incentives to settle quickly to avoid publicity.

Dynamic Websites Create More Opportunities for Violations

eCommerce sites are inherently dynamic. Product catalogs change constantly, promotional content rotates, new features get added, and seasonal updates happen regularly. Each change creates an opportunity for accessibility violations to slip through.

Consider a typical online store: hundreds or thousands of product images need alt text, filters and sorting mechanisms need keyboard accessibility, shopping carts need to announce updates to screen readers, checkout forms need proper labels and error handling. The complexity compounds with scale.

Unlike a simple brochure website that might have 10 static pages, an eCommerce site with 5,000 products has 5,000 opportunities for alt text failures alone—plus category pages, search results, cart functionality, checkout flows, and account management features.

The Legal Arguments Behind eCommerce Accessibility Lawsuits

Understanding the legal framework helps explain why these cases succeed and what courts expect from online retailers.

The ADA "Place of Public Accommodation" Argument

Plaintiffs argue that eCommerce websites are "places of public accommodation" under Title III of the ADA, which prohibits discrimination against people with disabilities in places that serve the public. While the ADA lists physical locations like stores, restaurants, and hotels, courts have increasingly accepted that the law's principles extend to digital spaces.

The legal logic follows this path: if a physical store must provide wheelchair ramps and accessible checkout counters, its digital equivalent must provide keyboard navigation and screen reader compatibility. Denying access to disabled customers online is functionally equivalent to denying them access in person.

WCAG as the Technical Standard

Courts don't write their own technical standards for accessibility. Instead, they reference the Web Content Accessibility Guidelines (WCAG), developed by the World Wide Web Consortium (W3C). Most courts apply WCAG 2.0 or 2.1 Level AA as the benchmark for compliance.

WCAG Level AA includes requirements like:

• Text alternatives for non-text content (images, buttons, icons)
• Keyboard accessibility for all functionality
• Sufficient color contrast between text and backgrounds
• Consistent navigation and predictable page behavior
• Input assistance including labels, instructions, and error identification

When plaintiffs identify WCAG violations, they have objective, industry-recognized criteria to support their claims. This makes accessibility lawsuits easier to argue than cases relying on subjective standards.

Standing and Harm Requirements

To file suit, plaintiffs must demonstrate they personally experienced harm from the accessibility barriers. In eCommerce cases, this typically means showing they attempted to use the website, encountered barriers that prevented them from completing their intended task (usually a purchase), and were effectively denied equal access to the business's goods or services.

Many plaintiffs are regular users of assistive technology who document their attempts to navigate non-compliant websites. Screen recordings, automated scan results, and expert testimony establish the technical failures, while the plaintiff's declaration establishes personal harm.

Common Accessibility Violations That Trigger Lawsuits

Certain accessibility failures appear repeatedly in eCommerce litigation. Addressing these issues proactively significantly reduces your legal exposure.

Missing or Poor Alt Text for Product Images

Product images without descriptive alt text are the most common eCommerce accessibility violation. Screen reader users cannot see images—they rely on alt text to understand what products look like.

The problem: Many sites use generic alt text like "product image," filenames like "SKU12345.jpg," or no alt text at all. This tells a screen reader user nothing useful about the product.

The fix: Write descriptive alt text that conveys the same information a sighted user would get from the image. Instead of "shoes," write "Women's black leather ankle boot with 2-inch block heel and side zipper." Include color, material, style, and distinguishing features.

For sites with thousands of products, this requires systematic processes. Automated accessibility tools can identify missing alt text at scale, and AI-assisted solutions can help generate descriptive text that humans then review and refine.

Inaccessible Navigation and Interactive Elements

Complex navigation menus, dropdown filters, and interactive elements often fail keyboard accessibility requirements. Users who cannot use a mouse must navigate entirely with keyboard commands.

The problem: JavaScript-powered menus that only respond to mouse hover, product filters that cannot receive keyboard focus, modal popups that trap keyboard users, and carousels that cannot be controlled without a mouse all create barriers.

The fix: Ensure all interactive elements are operable via keyboard alone. Users should be able to:

• Tab through all focusable elements in logical order
• Activate buttons and links with Enter or Space keys
• Navigate menus with arrow keys
• Close modals with the Escape key
• Skip repetitive navigation with skip links

Proper ARIA (Accessible Rich Internet Applications) attributes help assistive technology understand the purpose and state of interactive elements.

Poor Color Contrast and Typography

Visual design choices often prioritize aesthetics over readability. Low contrast text, small font sizes, and decorative fonts create barriers for users with low vision or color blindness.

The problem: Light gray text on white backgrounds, trendy thin fonts at small sizes, and color combinations that fail contrast ratio requirements prevent many users from reading content.

The fix: WCAG Level AA requires a contrast ratio of at least 4.5:1 for normal text and 3:1 for large text. Use contrast checking tools to verify your color combinations meet these thresholds. Ensure text can be resized up to 200% without loss of functionality.

Inaccessible Forms and Checkout Processes

The checkout process is where accessibility failures cause the most direct harm. If a user cannot complete a purchase, they've been denied the primary purpose of the website.

The problem: Form fields without labels, unclear error messages, CAPTCHAs without alternatives, payment forms that time out too quickly, and address auto-complete that doesn't work with screen readers all block purchases.

The fix: Every form field needs a programmatically associated label. Error messages must identify which field has an error and how to fix it. Provide alternatives to visual CAPTCHAs. Allow sufficient time to complete forms or provide options to extend time limits.

Missing or Inadequate Video Captions

Product videos, tutorials, and promotional content without captions exclude deaf and hard-of-hearing users.

The problem: Auto-generated captions are often inaccurate. Many videos have no captions at all. Live streams and user-generated content frequently lack accessibility features.

The fix: Provide accurate synchronized captions for all video content. For important videos, also provide audio descriptions for users who cannot see visual content. Review auto-generated captions for accuracy, especially for product names and technical terms.

The True Cost of eCommerce Accessibility Lawsuits

Understanding the financial impact helps build the business case for proactive accessibility investment.

Direct Settlement and Judgment Costs

Accessibility lawsuit settlements typically range from $10,000 to $250,000 or more, depending on the severity of violations, the company's size, and whether similar complaints have been filed before. Class action cases involving multiple plaintiffs can result in multi-million dollar settlements.

The Winn-Dixie accessibility case, decided in 2017, resulted in a judgment requiring the grocery chain to remediate its website and pay the plaintiff's legal fees—a total cost exceeding $100,000 for what the company had assumed was a minor technical issue.

Legal Fees and Defense Costs

Even if you successfully defend against a lawsuit, legal fees add up quickly. ADA accessibility cases typically require specialized attorneys, expert witnesses to testify about technical standards, and detailed technical documentation. Defense costs of $50,000-$150,000 are common even for cases that settle early.

Remediation Under Court Supervision

Defendants who lose or settle accessibility lawsuits typically face mandatory remediation requirements with court oversight. This means completing accessibility improvements on the court's timeline, not your own, often with regular progress reports and potential penalties for missed deadlines.

Court-supervised remediation is significantly more expensive than proactive accessibility work because it happens under time pressure, requires legal coordination, and may involve hiring external auditors approved by the plaintiff.

Reputation and Customer Trust Damage

Beyond direct financial costs, accessibility lawsuits generate negative publicity. News coverage of ADA violations can damage brand perception among the 26% of Americans with disabilities—plus their friends, family, and advocates who may choose to shop elsewhere.

Social media amplifies these stories. A single viral post about a company's accessibility failures can reach millions of potential customers. Conversely, brands known for accessibility earn loyalty from a community that actively shares positive experiences.

How to Protect Your eCommerce Site from Accessibility Lawsuits

Proactive accessibility work is dramatically less expensive than reactive litigation response. Here's how to reduce your legal exposure.

Conduct a Comprehensive Accessibility Audit

Start by understanding your current state. A thorough accessibility audit combines automated scanning with manual testing by accessibility experts.

Automated tools identify technical violations like missing alt text, color contrast failures, and missing form labels. However, automated testing catches only about 30% of accessibility issues. Manual testing by experts using assistive technology reveals usability problems that automated tools miss.

TestParty's AI-powered accessibility scanning identifies WCAG violations across your entire site and provides prioritized remediation guidance, helping you focus on the issues most likely to trigger legal complaints.

Prioritize High-Impact Fixes

Not all accessibility issues carry equal legal weight. Focus first on:

1. Critical user paths: Homepage, product pages, cart, checkout, account login
2. WCAG Level A violations: The most fundamental requirements
3. Issues affecting core functionality: Anything that prevents completing a purchase
4. Patterns that repeat site-wide: One template fix can resolve thousands of page-level issues

Implement Continuous Monitoring

Accessibility isn't a one-time project. With dynamic eCommerce sites, new violations can appear with every product upload, content update, or feature release. Continuous monitoring catches new issues before they accumulate into lawsuit-worthy barrier patterns.

Integrate accessibility checks into your development workflow. Run automated scans as part of your CI/CD pipeline so violations are caught before code reaches production. Schedule regular full-site scans to catch issues that slip through.

Document Your Accessibility Efforts

If you do receive a demand letter or lawsuit, documented good-faith efforts to improve accessibility can influence outcomes. Maintain records of:

• Accessibility audits and their findings
• Remediation work completed
• Accessibility policies and standards you follow
• Training provided to development and content teams
• Accessibility testing processes

Courts and plaintiffs view ongoing accessibility programs more favorably than companies that ignored the issue until sued.

Publish an Accessibility Statement

An accessibility statement demonstrates your commitment to accessibility and provides a channel for users to report issues before escalating to legal action. Include:

• Your accessibility standards (e.g., WCAG 2.2 Level AA)
• Known limitations and your plans to address them
• Contact information for accessibility feedback
• Date of last accessibility review

The W3C provides guidance on writing accessibility statements that effectively communicate your commitment.

Respond Promptly to Accessibility Complaints

Many lawsuits begin with a demand letter giving you an opportunity to remediate before litigation. Respond quickly and substantively. Demonstrating immediate action to fix identified issues can sometimes resolve complaints without court involvement.

Establish a process for handling accessibility feedback. Designate someone to receive and triage complaints, set response time expectations, and track resolution of reported issues.

The Business Opportunity in Accessibility

While this article has focused on legal risk, accessibility also represents significant business opportunity. The disability community controls substantial spending power—over $490 billion in disposable income in the United States alone.

When you make your eCommerce site accessible, you're not just avoiding lawsuits—you're opening your business to customers who will reward your inclusion with loyalty. People with disabilities often research which businesses accommodate their needs and actively recommend accessible options to others.

Accessibility improvements also benefit all users. Captions help people watching videos in noisy environments. Keyboard navigation helps power users who prefer not to use a mouse. Clear typography helps everyone read faster. High contrast helps users on mobile devices in bright sunlight.

FAQ: eCommerce Accessibility Lawsuits

How much does an eCommerce accessibility lawsuit cost?

Most eCommerce accessibility lawsuits settle for $10,000 to $250,000, with additional costs for legal defense ($50,000-$150,000 typical) and mandatory remediation. Total costs frequently exceed $200,000 for cases that go to settlement, making proactive accessibility investment significantly more cost-effective.

Can accessibility overlay widgets protect my eCommerce site from lawsuits?

No. Many accessibility lawsuits have specifically named sites using overlay widgets as defendants. Overlays don't fix source code accessibility issues—they attempt to patch over problems without addressing root causes. Courts and plaintiffs increasingly view overlays as inadequate substitutes for genuine remediation.

What accessibility standard should my eCommerce site follow?

Most courts reference WCAG 2.1 Level AA as the benchmark for accessibility compliance. The Department of Justice has indicated WCAG is the appropriate standard for web accessibility under the ADA. For maximum protection, aim for WCAG 2.2 Level AA, the current version of the guidelines.

How often should I audit my eCommerce site for accessibility?

Conduct comprehensive manual audits at least annually, with automated scanning running continuously or at minimum monthly. Any significant site update—new features, redesigns, platform migrations—should trigger additional accessibility review before launch.

Is my eCommerce site legally required to be accessible?

Yes, if your business serves the public in the United States. Courts have consistently ruled that commercial websites are places of public accommodation under Title III of the ADA. Additionally, if you sell to customers in the European Union, the European Accessibility Act establishes accessibility requirements for eCommerce that take full effect in June 2025.

Take Action Before You Receive a Demand Letter

eCommerce accessibility lawsuits show no signs of slowing down. The combination of clear legal standards, motivated plaintiffs, specialized attorneys, and the inherent complexity of online retail creates ongoing risk for every online store.

The good news: accessibility is achievable. With the right tools, processes, and commitment, you can make your eCommerce site accessible to all users while significantly reducing your legal exposure.

Start with a free accessibility scan of your site. TestParty's AI-powered platform identifies WCAG violations across your entire store and provides actionable remediation guidance—helping you fix issues at the source code level before they become legal problems.

Get your free accessibility scan →

Originally customer-exclusive research from TestParty, we're publishing this openly. We want this information indexable, shareable, and usable—by developers, businesses, screen readers parsing the web, and AI models alike.

This article reflects TestParty's human-AI collaboration. AI assisted with drafting; humans ensured accuracy and nuance. We share our methodology openly and encourage you to approach this information thoughtfully—or connect with us for personalized accessibility guidance.

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• Automated vs. Manual Accessibility Testing: Finding the Right Balance