ADA website lawsuits and penalties
3,117 federal website accessibility lawsuits in 2025, up 27%. Who gets sued, what settling costs, and penalties under federal and state law.
Private sector · Updated October 2026
ADA Title III: website accessibility for businesses
There is no federal regulation with a website deadline for businesses — yet more than 3,000 companies were sued in federal court over inaccessible websites in 2025 alone. Here's why, and what the law actually requires.
What Title III says
Title III of the ADA prohibits discrimination on the basis of disability “in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.” The law was written in 1990, before the commercial web. It lists twelve categories of public accommodations — hotels, restaurants, stores, banks, doctors’ offices, schools, gyms and more — and requires them to provide auxiliary aids and services so communication with people with disabilities is effective.
Courts and the DOJ have applied those principles to websites and apps for more than 15 years.
The DOJ’s position
The Department of Justice has consistently said that the ADA applies to the websites of public accommodations. In March 2022 it published web accessibility guidance confirming that businesses open to the public must make their websites accessible, and pointing to WCAG as helpful guidance. Its settlements with businesses — grocery chains, tax-preparation firms, ticketing platforms, banks — require WCAG 2.0 or 2.1 Level AA conformance, independent audits and training.
The DOJ can bring civil actions for a pattern or practice of discrimination. Courts can impose civil penalties of up to $118,225 for a first violation and $236,451 for a subsequent violation (amounts adjusted for inflation, for penalties assessed after July 3, 2025, under 28 CFR 85.5).
How courts decide whether a website is covered
There is no single national rule. Federal appeals courts have taken different approaches:
| Approach | Where | What it means |
|---|---|---|
| Nexus test | Ninth Circuit (California and the West), Third and Sixth Circuits | The website or app must be connected to a physical place of public accommodation. In Robles v. Domino’s (2019) the Ninth Circuit held Domino’s website and app were covered because they connect customers to its restaurants. |
| Broad view | Many federal district courts in New York; First and Seventh Circuits have signaled support | A website can itself be a place of public accommodation, even with no physical store. |
| Narrow view | The Eleventh Circuit’s 2021 Gil v. Winn-Dixie panel ruling (later vacated as moot) | Websites are not places of public accommodation; only barriers that impede access to the physical store count. |
Because plaintiffs choose where to file, these differences shape where lawsuits happen. In 2025, New York (1,021), Florida (961) and Illinois (585) saw the most federal website accessibility filings, while California saw only four — largely because California plaintiffs file under the state Unruh Act in state court instead.
Who gets sued
Retail and ecommerce lead every year, followed by restaurants and food service, hospitality and travel, banking and financial services, health care, entertainment and education. Most targets are small and mid-sized businesses. Many plaintiffs file dozens or hundreds of cases a year, with testers using screen readers to find barriers such as:
- images and buttons with no text alternative,
- checkout or booking flows that can’t be completed with a keyboard,
- forms with unlabeled fields and unannounced errors,
- pop-ups that trap focus or can’t be closed,
- PDF menus and documents that can’t be read.
Standing: who can sue
A plaintiff must show a concrete injury — usually that they tried to use the website and encountered barriers, and that they intend to return. Federal courts in New York have tightened standing requirements since the Second Circuit’s Calcano v. Swarovski decision in 2022, which is one reason many plaintiffs have shifted to New York and New Jersey state courts. Tighter standing makes individual cases easier to dismiss; it doesn’t reduce the overall volume.
What compliance looks like
- Conform to WCAG 2.1 Level AA at a minimum; aim for WCAG 2.2 AA.
- Test with real assistive technology, not just automated tools — and do not rely on overlays.
- Make your PDFs, videos and third-party tools (booking, chat, payments) accessible too.
- Publish an accessibility statement with a working contact method.
- Re-audit at least annually and after redesigns, and keep records.
If you’ve already received a letter, read how to respond to an ADA demand letter.
Frequently asked questions
Is there an official ADA standard for business websites?
No regulation sets one for Title III. But the DOJ’s March 2022 web accessibility guidance points businesses to WCAG and the Section 508 standards, DOJ settlement agreements consistently require WCAG 2.1 AA, and courts use WCAG to judge accessibility. In practice, WCAG 2.1 or 2.2 Level AA is the standard.
Can I be sued if my business is online-only?
It depends on where. Courts in some circuits require a connection (a ‘nexus’) between the website and a physical place of business; courts in others, including many federal judges in New York, have held that online-only businesses are covered. State laws such as New York’s can apply too. Online-only businesses are regularly sued.
What can a plaintiff win in an ADA Title III website case?
Under federal Title III, a private plaintiff can obtain an injunction (an order to fix the website) and their attorneys’ fees and costs, but not money damages. Damages come from state laws: California’s Unruh Act provides at least $4,000 per violation, and New York state and city human rights laws allow compensatory damages.
Does a small business have to comply?
Title III has no minimum size for public accommodations. Small and mid-sized businesses receive a large share of demand letters because they’re less likely to have been audited.
Find out where you stand, in writing.
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