The 2026 Guide to Website Accessibility: Risk, Compliance, and Building Your Business Case

More than 1 in 4 Americans have a disability—and 71% of disabled users leave inaccessible websites immediately. This guide explains your lawsuit risk, what WCAG compliance actually means, and how to build an ROI case for accessibility investment.

TL;DR: Key Takeaways

• 8,800 ADA Title III lawsuits filed in federal courts in 2024; website-specific cases numbered 2,452 (Seyfarth Shaw)
• 77% of lawsuits target ecommerce specifically (TestParty research based on Court Listener data)
• $13 trillion global spending power of people with disabilities (WHO)
• WCAG 2.2 AA is the de facto legal standard for ADA compliance
• Accessibility ROI: Risk avoidance + market expansion + SEO benefits = payback under 12 months

How Likely Is My Website to Get Sued for Accessibility?

If you run an ecommerce business with $1M+ revenue and no documented accessibility efforts, expect a lawsuit—it's "when," not "if."

2024–2025 Lawsuit Statistics

The numbers paint a clear picture of escalating risk. According to Seyfarth Shaw's 2024 year-end report, federal courts saw 8,800 ADA Title III lawsuits filed—a 7% increase from 2023. Of those, 2,452 were specifically website accessibility cases. TestParty research based on Court Listener data shows that ecommerce sites account for 77% of website accessibility cases, widget users represent over 25% of defendants, and repeat lawsuits make up more than 40% of filings.

Risk Assessment: What Increases Your Exposure

Several factors significantly increase your lawsuit risk. Revenue over $1M matters because plaintiff attorneys target companies with ability to pay. Consumer-facing ecommerce is the highest lawsuit category at 77% of cases. Having no accessibility statement signals zero accessibility effort. Using an overlay widget actually attracts some attorneys who specifically target widget users. Previous lawsuits increase risk since 40%+ of cases are repeat filings. High traffic means more potential plaintiffs encountering barriers. Complex catalogs create more pages with more potential violations.

What Reduces Your Risk

On the protective side, documented ongoing remediation shows good faith effort. A published accessibility statement demonstrates awareness and commitment. Regular third-party audits create a defensible paper trail. Actual code fixes (not overlays) address underlying violations. Being responsive to complaints reduces likelihood of escalation to litigation.

Understanding the business case for digital accessibility helps frame risk reduction as a strategic investment rather than a cost center.

Which Companies Get Targeted for ADA Lawsuits?

Plaintiff attorneys are strategic. They use automated tools to identify targets with the highest settlement probability.

Primary Targets (Highest Risk)

The highest-risk targets are ecommerce brands with $5M–$100M revenue—large enough to pay meaningful settlements but small enough to settle quickly without extensive legal teams. Companies using overlay widgets are easy targets because it's simple to prove underlying violations remain and widget installation is visible in source code. Consumer brands with high visibility are more likely to settle to protect reputation and their higher traffic means more potential plaintiffs. Companies with previous settlements are also targeted since settlement records are often public, demonstrating prior vulnerability.

Secondary Targets

Certain industries face elevated risk. Healthcare and wellness brands face extra scrutiny as disability-adjacent industries. Food and beverage companies are targeted due to high ecommerce growth in the sector. Fashion and apparel brands have heavy image use that creates alt text violations. CBD and supplement companies are targeted as emerging markets with less established legal teams.

How Targeting Actually Works

Plaintiff law firms use automated scanning to identify WCAG violations, cross-reference with revenue estimates from traffic data, detect overlay widget installations visible in source code, check for previous lawsuits in public records, and verify absence of accessibility statements. They focus on ecommerce because it represents 77% of successful cases.

The Pattern We See

When we talk to sued companies, common themes emerge: "We're growing fast—accessibility wasn't on our radar." "We thought our widget was handling it." "We had no idea this was even a legal risk." "We got hit right before our big holiday season."

Targeting is not random. High revenue + overlay widget + no accessibility statement = plaintiff attorney target list.

For your industry-specific guide, see e-commerce accessibility compliance.

Why Are Ecommerce Sites Getting Accessibility Lawsuits?

Three converging factors created the current environment: legal precedent, ecommerce explosion, and plaintiff bar professionalization.

1. Legal Precedent Established

ADA Title III requires businesses to provide accessible services. Key court cases have established clear precedent. Robles v. Domino's Pizza in 2019 established that websites must be accessible. The Gil v. Winn-Dixie cases set expectations for retailer websites. Thousands of subsequent cases from 2019 to present have built on these precedents.

The DOJ's 2024 Title II rule explicitly requires WCAG 2.1 AA for state/local government sites—signaling clear direction for the private sector too.

2. Ecommerce Explosion During COVID

The pandemic forced rapid digital transformation with quick Shopify and WooCommerce store launches, template themes with baked-in accessibility violations, no accessibility testing during development, and third-party apps adding inaccessible elements.

Speed trumped accessibility. Now companies are paying the price.

3. Plaintiff Bar Professionalization

Accessibility litigation became a volume business. Law firms specialize exclusively in ADA web cases. According to Seyfarth Shaw, California alone saw 3,252 filings in 2024—a 37% increase. Demand letters are templated for efficiency, and settlement amounts are calibrated to encourage quick payment.

The Uncomfortable Truth

Many call these "nuisance lawsuits" or "shakedowns." But here's reality:

Most targeted websites ARE violating the law. Blind users genuinely cannot use most ecommerce sites.

The solution isn't complaining about lawsuits—it's fixing your website so you're not breaking the law and excluding customers.

You can compare different approaches to remediation vs managed services to understand your options.

What Triggers an ADA Website Lawsuit?

Lawsuits are triggered by specific, documented accessibility failures—not random complaints.

Critical Triggers (Almost Always Cited)

Four issues appear in almost every lawsuit. Missing alt text on images (WCAG 1.1.1) means blind users can't understand products. Inaccessible forms (WCAG 1.3.1, 4.1.2) prevent completing checkout. Keyboard navigation failures (WCAG 2.1.1, 2.1.2) block mouse-free users entirely. Screen reader incompatibility causes content to read incorrectly or not at all.

How Plaintiffs Document Violations

A plaintiff (or attorney's investigator) will navigate your site using only a keyboard, use a screen reader (JAWS, NVDA, VoiceOver), document specific pages with barriers, screenshot or video record violations, and correlate findings to specific WCAG success criteria.

The complaint lists violations with WCAG references:

"Defendant's website violates WCAG 2.1 Success Criterion 1.1.1 by failing to provide text alternatives for non-text content on [specific URL]..."

What Usually Doesn't Trigger Lawsuits (Alone)

Minor color contrast issues alone, missing skip links alone, and heading structure issues alone typically don't trigger lawsuits by themselves.

These are violations, but plaintiffs focus on barriers that demonstrably prevent task completion—like purchasing a product.

To address the highest-risk checkout issues, learn how to create accessible forms.

What Is WCAG 2.2 AA Compliance?

WCAG 2.2 AA is the de facto legal standard for ADA website compliance—86 success criteria organized across four principles: Perceivable, Operable, Understandable, Robust.

WCAG Overview

The current version is WCAG 2.2, published in October 2023 and announced by the U.S. Access Board. There are three conformance levels: A (minimum), AA (standard), and AAA (enhanced). Level AA is the legal standard and includes all A plus AA criteria—over 50 success criteria total. The standard is published by the W3C Web Accessibility Initiative.

The Four WCAG Principles (POUR)

Perceivable means users must be able to perceive content. This includes alt text for images, captions for videos, sufficient color contrast, and text resizing without loss of functionality.

Operable means users must be able to operate the interface. This includes all functionality via keyboard, sufficient time to complete tasks, no content that causes seizures, and clear navigation and structure.

Understandable means users must understand content and interface. This includes readable text, predictable behavior, and input assistance with error identification and suggestions.

Robust means content must work with assistive technologies. This includes valid HTML, proper ARIA implementation, and compatibility across screen readers.

WCAG 2.2: What's New

WCAG 2.2 added 9 new success criteria. Focus Not Obscured (Level AA) requires that focused elements must be visible. Dragging Movements (Level AA) requires single-pointer alternatives. Target Size Minimum (Level AA) requires touch targets of at least 24×24 pixels. Accessible Authentication (Level AA) prohibits cognitive function tests like CAPTCHA. Redundant Entry (Level A) prevents requiring users to re-enter information.

Accessibility also improves how AI agents navigate your site—a topic explored in preparing for the agentic revolution.

How Much Does an ADA Website Lawsuit Cost?

Total lawsuit costs typically range from $25,000 to $75,000+ when accounting for all expenses—not just settlement.

Settlement Amounts by Revenue

Settlement amounts scale with company revenue. Companies under $1M typically settle for $3,000–$8,000. The $1M–$10M range sees settlements of $5,000–$15,000. Mid-market companies at $10M–$50M face $10,000–$25,000 settlements. The $50M–$100M range settles for $20,000–$40,000. Companies over $100M can face settlements of $30,000–$100,000 or more.

Hidden Costs Companies Forget

Beyond settlement payments, companies face substantial hidden costs. Legal fees for your own attorney typically run $3,000–$15,000. Internal staff time—often 80+ hours—costs $4,000–$10,000 in diverted productivity. Emergency remediation adds $5,000–$20,000. Required ongoing monitoring for 1–3 years costs $1,000–$3,000 per month. Insurance premium increases add variable additional costs.

Total real cost: $25,000–$75,000+

The Repeat Lawsuit Multiplier

Companies using inadequate remediation often get sued again. Over 40% of lawsuits are repeat filings (TestParty research based on Court Listener data). Each lawsuit carries its own costs, and we've seen customers sued 2–3 times before finding proper remediation.

To understand quality assurance vs remediation approaches, compare different platform capabilities.

Who Are People with Disabilities? (Market Opportunity)

More than 1 in 4 Americans—over 70 million adults—have a disability. This represents trillions in global spending power.

Disability Statistics

The numbers reveal a massive market. According to CDC data from 2024, 28.7% of US adults have a disability—that's over 70 million people. Globally, the World Health Organization reports that approximately 1.3 billion people—about 16% of the global population—experience significant disability. The global disability market represents $13 trillion in annual spending power. Additionally, 71 million Baby Boomers increasingly need accessibility features as they age.

User Behavior Reality

Understanding how disabled users interact with websites is critical. 71% leave inaccessible sites immediately rather than struggle. According to the WebAIM Million report, 94.8% of home pages fail automated accessibility testing. The WebAIM Screen Reader Survey shows that 67.7% of screen reader users navigate primarily by headings. And 100% of users benefit from accessibility improvements—not just those with disabilities.

Types of Disabilities

Different disabilities affect different percentages of the US adult population and require different accommodations. According to CDC statistics, cognitive disabilities are most prevalent at 13.9% and require clear language and predictable behavior. Mobility disabilities affect 13.7% and require keyboard navigation. Independent living disabilities affect 6.8% and typically involve multiple accessibility needs. Hearing disabilities affect 5.9% and require captions and transcripts. Vision disabilities affect 4.6% and require screen reader compatibility and proper contrast.

The bottom line: Accessible sites reach more customers and generate more revenue.

Explore the business case for digital accessibility for detailed ROI calculations.

How to Build a Business Case for Accessibility

Frame accessibility as risk mitigation, market expansion, SEO improvement, and brand values—not just compliance.

The Four-Pillar Business Case

Pillar 1: Risk Mitigation (Defensive) — Average lawsuit costs run $25,000–$75,000. Annual risk for companies with $1M+ revenue is significant. Overlay protection is nonexistent since 25%+ of lawsuits target widget users. DOJ enforcement is increasing attention to digital accessibility.

Frame it as: "We're exposed to significant annual probability of a $40,000+ expense. Proper remediation reduces this to near-zero."

Pillar 2: Market Expansion (Revenue) — 28.7% of Americans have a disability (over 70 million people). Global disability spending power totals $13 trillion per year. Bounce rate on inaccessible sites is 71%. The aging population includes 71 million Baby Boomers with increasing accessibility needs.

Frame it as: "We're losing potential revenue by excluding customers who can't use our site."

Pillar 3: SEO and Performance (Efficiency) — Alt text improves image search rankings. Proper headings improve page structure signals. Clean semantic code improves site speed. Overlay removal improves LCP and Core Web Vitals.

Frame it as: "Accessibility improvements have measurable SEO benefits. Many sites see LCP improvements after removing overlay widgets."

Pillar 4: Brand and Values (Qualitative) — Public accessibility commitment aligns with DEI initiatives. It demonstrates genuine customer care and differentiates from competitors using widgets. Employees and customers increasingly expect ethical practices.

Frame it as: "This is the right thing to do, and our customers notice."

The W3C's business case for accessibility provides additional research and frameworks.

What Is the ROI of Website Accessibility?

Accessibility investment typically pays back within 12 months through risk avoidance, market expansion, and efficiency gains.

ROI Calculation Framework

Cost Avoidance: Lawsuit probability over 3 years is approximately 20% for high-risk companies. Average lawsuit cost is $40,000. Expected lawsuit cost is therefore $8,000. Annualized, that's $2,667 per year. Add internal compliance anxiety time at $2,000 per year. Annual risk cost totals approximately $4,667.

Revenue Opportunity: For a company with $10 million annual revenue, the disability population represents 28.7% potential customers. The bounce rate for disabled users is 71%. Capturing approximately 30% of that market through accessibility opens significant additional addressable market.

Efficiency Gains: Monthly hours spent on accessibility worries average 5 hours at $75 per hour, costing $4,500 annually. Site speed improvement from overlay removal averages 15%+. Conversion rate improvement of 2%+ delivers measurable additional value.

Combined Annual Returns

Risk avoidance saves $4,667+. Market expansion adds significant revenue potential. Efficiency gains contribute through improved conversion. With annual investment of $24,000, payback period is typically under 12 months.

This is conservative. Many companies see faster returns through SEO improvements and word-of-mouth from the disability community.

For real-time monitoring approaches, see how different platforms compare.

How to Get Budget for Accessibility Remediation

Use language that resonates with each stakeholder—CFO cares about risk, CMO cares about market, CEO cares about differentiation.

Stakeholder-Specific Language

For CFO: "We have quantifiable legal exposure of $X per year. This investment eliminates that exposure and has measurable SEO benefits with 12-month payback."

For CMO: "28.7% of Americans have a disability. We're currently providing a broken experience for this market segment worth trillions annually."

For CEO: "Our competitors use widgets that don't work. We can differentiate by doing accessibility properly, reduce legal risk, and demonstrate genuine customer commitment."

For Legal/GC: "Overlay widgets have been rejected by courts and the FTC. Our current solution provides no legal protection. This investment creates a defensible compliance position."

Tactical Approaches

First, frame as risk management, not charity—present lawsuit probability and cost data, show examples of similar companies sued, and position accessibility as insurance. Second, connect to existing initiatives including DEI programs (which often have accessibility blind spots), customer experience improvements, and brand reputation management. Third, start with a proof of concept—request budget for a 2-month pilot, choose one high-traffic area, and use results to justify broader investment. Fourth, show competitor vulnerability by scanning competitor sites for violations, noting if they've been sued (public records), and demonstrating differentiation opportunity. Fifth, bring external validation through a professional audit and use findings to justify remediation budget—third-party findings carry significant weight.

For organizing your accessibility program, explore the RACI matrix for accessibility success.

Cost of Accessibility Compliance vs Lawsuit Settlement

Proper remediation costs more upfront—but becomes dramatically cheaper if you get sued even once.

Three-Year Cost Comparison

Option A: Do Nothing — Direct costs are $0 per year, but expected risk cost is $8,000 annually. Cumulative expected cost: $8,000 in year one, $16,000 by year two, $24,000 by year three. Plus continued customer exclusion, ongoing anxiety, and reputation risk.

Option B: Overlay Widget — Widget costs $1,500 per year. Risk cost remains the same at $8,000 annually since widgets don't reduce lawsuit probability. Cumulative cost: $9,500 in year one, $19,000 by year two, $28,500 by year three. Plus site speed degradation, false sense of security, and elevated repeat lawsuit risk.

Option C: Proper Remediation — Remediation costs $24,000 per year. Risk cost drops to near $0. Cumulative cost: $24,000 in year one, $48,000 by year two, $72,000 by year three. But you get actual compliance, a defensible position, customer inclusion, SEO benefits, and peace of mind.

The Crossover Point

If you get sued once, the math flips. Option A after one lawsuit: $40,000 direct costs plus $24,000 still needed for remediation equals $64,000 total. Option B after one lawsuit: $41,500 direct costs plus $24,000 for remediation equals $65,500 total. Option C: $24,000 total with remediation already included.

Options A and B are only "cheaper" if you're lucky. With 77% of lawsuits targeting ecommerce, luck is a poor strategy.

Writing Your Accessibility Statement

Every website needs a published accessibility statement. It demonstrates awareness, provides user recourse, and strengthens legal position.

Required Components

Your accessibility statement should include five key components: a commitment statement expressing your organization's accessibility commitment, standards reference specifying WCAG 2.2 AA or specific criteria you're targeting, known limitations with honest disclosure of current issues, contact information showing how users can report barriers, and a last updated date kept current with quarterly updates.

Example Structure

Your statement should open with your company's commitment to ensuring digital accessibility. Specify that you aim to conform to WCAG 2.2 Level AA standards. Describe your current status including regular scanning and ongoing compliance program. Honestly disclose any known limitations with remediation timelines. Provide feedback contact information including email and phone. Note when the website was last assessed and what tools or methods were used. Date the statement and update it regularly.

What NOT to Do

Don't claim "full WCAG compliance" unless professionally audited. Don't hide the statement—put it in the footer. Don't use inaccessible PDFs for your statement. Don't ignore feedback received through the contact channels you provide.

For regulatory guidance, see the DOJ's web accessibility rule.

European Accessibility Act (EAA): Global Compliance

If you sell to EU customers, the European Accessibility Act requires accessibility compliance as of June 28, 2025.

EAA Requirements

The EAA uses EN 301 549 as its standard, which aligns with WCAG 2.1/2.2 AA. The effective date was June 28, 2025. It applies to e-commerce, banking, transportation, and other sectors. According to the European Commission, penalties can be significant and include potential market removal.

Who Must Comply

The EAA covers e-commerce websites selling to EU customers, banking and financial services, transportation booking services, communication services, and e-books and e-readers.

Even non-EU companies must comply if serving EU customers.

Practical Implications

If your ecommerce site accepts orders from EU customers, you must meet WCAG 2.1/2.2 AA standards, publish an accessibility statement, document compliance efforts, and respond to user complaints.

Doing accessibility once for ADA covers you globally. WCAG 2.2 AA satisfies both US and EU requirements.

Frequently Asked Questions

Does the ADA apply to websites?

Yes. Courts consistently interpret ADA Title III to cover websites of businesses offering goods/services to the public. WCAG 2.1/2.2 AA is the accepted technical standard.

What's the difference between WCAG 2.1 and 2.2?

WCAG 2.2 (October 2023) adds 9 new success criteria focused on cognitive disabilities, mobile users, and authentication. It's backward compatible—2.2 AA includes all 2.1 AA criteria plus new requirements.

How long does compliance take?

Most ecommerce sites can achieve WCAG 2.2 AA compliance in 2–4 weeks with proper source code remediation. Complex sites (large catalogs, custom apps) may take 4–8 weeks.

Do I need an accessibility audit?

Yes. Automated tools catch only 30–40% of issues according to WebAIM research. Professional audits include manual testing with screen readers and keyboard navigation.

Can I use an overlay widget for compliance?

No. Overlay widgets do not provide legal protection. Over 25% of lawsuits target sites with widgets installed. The FTC fined accessiBe $1M for false compliance claims.

What to Do Right Now

For risk assessment:

1. Run a free accessibility scan (axe DevTools, WAVE)
2. Check your lawsuit probability factors
3. Determine if you're using an overlay widget
4. Calculate your potential exposure

For building a business case:

1. Calculate your risk cost (probability × average lawsuit cost)
2. Estimate your market exclusion (28.7% × bounce rate × revenue)
3. Document your current accessibility status
4. Present to leadership with stakeholder-specific framing

For getting started:

1. Get a professional accessibility audit
2. Prioritize high-risk issues (forms, images, keyboard nav)
3. Create a remediation timeline
4. Publish an accessibility statement

Ready to see how source code remediation creates lasting compliance? Schedule a TestParty demo to get started.

This guide synthesizes data from CDC, WHO, Seyfarth Shaw, W3C, WebAIM, the European Commission, TestParty research based on Court Listener data, and conversations with enterprise accessibility teams as well as mid-market ecommerce brands navigating compliance for the first time.

Last updated: December 2025