ADA Web Accessibility Lawsuit Trends: 2024 in Review

As we wrap up another year, it’s time to dive into the annual reports that shed light on the state of web accessibility and ADA compliance. While Seyfarth’s annual report remains pending, UsableNet’s 2024 Year-End Digital Accessibility Lawsuit Report provides a wealth of data to consider. Here is the summary and key points.

2024 Accessibility Lawsuit Totals

2024 saw over 4,000 lawsuits filed in state and federal courts, representing only a slight increase from 2023’s total of 4,061 lawsuits. This year’s breakdown: 2,400 lawsuits filed in federal courts and 1,600 in state courts—a notable increase in state-level filings in New York and California, which collectively accounted for 40% of all cases.

Federal vs. State Lawsuits: Shifting Venues

While federal lawsuits remain significant, state-level cases are growing in prominence. This shift is particularly evident in New York and California, where state laws and court precedents support ADA litigation. However, a recent decision in New York's highly active southern district (federal) in Mejia v. High Brew Coffee Inc. may disrupt this trend. The court ruled that web-only businesses without physical locations are not covered under the ADA, diverging from earlier SDNY rulings. This decision could lead to a decrease in federal filings and an increase in state court cases, as serial plaintiffs and their attorneys seek more favorable venues. Additionally, there has been an uptick in using anti-discrimination laws specific to New York State and even New York City to pursue accessibility cases, further shifting the landscape of ADA litigation. Such shifts highlight the evolving nature of ADA litigation strategies in New York. So instead of any down-tick in cases in New York, I expect we'll simply see them continue so to shift from federal to state courts.

Returning Targets: Lawsuits Against Repeat Offenders

A notable 961 lawsuits—41% of federal filings—were against companies that had already faced ADA litigation. This trend highlights the importance of taking comprehensive action post-litigation to prevent additional suits.

Widgets, Overlays, and Legal Exposure

One of the most glaring trends that has been building over recent years is the continued growth of lawsuits targeting websites using accessibility overlays or widgets. According to UsableNet, 25% (1,023) of all lawsuits in 2024 explicitly cited such widgets as barriers rather than solutions. Widgets are often marketed as quick fixes for ADA compliance, but in practice, they frequently introduce new barriers while leaving underlying WCAG violations unaddressed.

Such providers have long been criticized for false advertising, and in January 2025 the Federal Trade Commission fined a leading overlay provider accessiBe $1M for false advertising and paid reviews that pose as real customers. Of course, AccessiBe is not alone in these deceptive practices, which are necessary because their services simply do not work.

Industry Breakdown: Who’s Being Targeted?

As in previous years, eCommerce websites remain the primary target, representing 77% of lawsuits. Other industries affected include food service (11%), education (2%), and healthcare (2%). The vulnerability of eCommerce sites stems from their complexity and frequent updates, which make maintaining accessibility a significant challenge.

Small businesses continue to bear the brunt of these lawsuits. Nearly 67% of lawsuits targeted companies with less than $25 million in annual revenue, reinforcing the need for accessible design at all levels of the market.

Geographic Trends: New York Leads the Way

Unsurprisingly, New York remains ground zero for ADA lawsuits, with more filings than California and Florida combined. The state’s courts accept cases against any website visited by a New York resident, regardless of the company’s physical location.

Key Lessons for Businesses in 2024

1. Skip the Widgets: Accessibility overlays are a legal risk rather than a solution. Businesses using these tools have been disproportionately targeted, with lawsuits often citing the widget itself as a barrier.
2. Invest in Manual WCAG Audits: Automated tools can detect only 30% of WCAG issues. Comprehensive manual audits by experienced professionals remain the gold standard for achieving and maintaining compliance.
3. Act Quickly After a Lawsuit: Companies that address accessibility issues after their first lawsuit are less likely to face additional legal action.
4. Prepare for State-Level Litigation: Businesses operating in or serving customers in states like New York and California need to pay special attention to local laws and precedents.
5. ECommerce Is High-Risk: If your business falls into this category, accessibility must be a priority. Complex functionality and frequent updates require ongoing monitoring and remediation.

How to Avoid ADA Lawsuits in 2024

Ensuring your digital properties are ADA-compliant is the best way to avoid lawsuits. Here are actionable steps businesses can take:

• Conduct Comprehensive MANUAL WCAG Audits
  Begin with a detailed WCAG-compliant audit, but first know that even the best software can only detect a fraction (3%-40%) of WCAG issues. Ensure the audit is conducted manually by seasoned accessibility professionals who can identify nuanced issues that automated tools miss, and provide custom vs canned remediation guidance.
• Remediate with Expertise
  Address the findings of the audit promptly. If your team lacks the necessary skills, partner with experts who specialize in WCAG remediation (visit Propeller).
• Avoid Overlay Widgets
  Resist the temptation of quick fixes like accessibility overlays, as they frequently lead to more lawsuits rather than preventing them.
• Train Your Team
  Provide accessibility training for developers, designers, and content creators to integrate accessibility best practices into your workflow.
• Monitor and Maintain Accessibility
  Accessibility is an ongoing process. Use automated tools for routine monitoring and schedule annual manual audits to ensure continued compliance as your website evolves.
• Document Your Efforts
  Keep detailed records of your accessibility audits, remediation efforts, and policies. This documentation can demonstrate your commitment to accessibility in case of legal challenges.

The Benefits of Accessibility: Tapping into Economic Opportunity

Investing in accessibility goes beyond compliance—it’s a chance to enhance your business’s reach and impact. Here are the key benefits:

1. Reach a Growing Market: With 61 million Americans living with disabilities and 71 million Baby Boomers, accessible design opens your digital doors to a significant demographic with an estimated $548 billion in discretionary spending. Seniors and individuals with disabilities often face overlapping barriers, making accessibility a must to tap into this market.
2. Enhance Usability for Everyone: Accessibility features like clear navigation, larger text, and better color contrast benefit all users, improving your site’s overall user experience.
3. Boost SEO and Traffic: WCAG-compliant websites naturally align with SEO best practices, enhancing your visibility in search results and even AI-driven platforms.
4. Improve or Protect Brand Reputation: Demonstrating a commitment to inclusivity fosters goodwill and strengthens your brand image, resonating with customers, partners, and employees alike.
5. Reduce Legal Risk: Proactively addressing accessibility issues not only avoids lawsuits but also positions your business as a leader in digital inclusivity.

Wrap Up: Avoid Becoming a Statistic in 2025

The path to ADA compliance and web accessibility is clear but requires a proactive approach. Begin with a WCAG-compliant manual audit conducted by experts who understand both code and accessibility. Avoid overlay solutions, invest in remediation, and plan for regular audits to maintain compliance.

Accessibility is not only a legal requirement but also a business opportunity. With 61 million Americans living with disabilities and 71 million Baby Boomers increasingly relying on accessible digital experiences, the ROI of accessibility is undeniable. Let’s work together to make 2025 a year of inclusion—and fewer lawsuits.

For help navigating your accessibility journey, contact our team of pros.