What Businesses Must Know Now
Lawsuits Are Rising Sharply
By mid‑2025, 2,019 digital accessibility lawsuits had been filed across the U.S., according to UsableNet’s 2025 mid-year report. If this pace continues, the year will likely close with approximately 4,975 lawsuits, marking a 20 percent increase over the 4,187 filed in 2024. This sharp increase highlights the growing urgency for businesses of every size to address digital accessibility.
Lawsuits Shifting from Federal to State Courts Increases Risk for Businesses
In previous years, the majority of digital accessibility lawsuits were filed in federal courts. In 2023, 67% of cases were federal. However, recent trends reveal plaintiffs are now filing more accessibility lawsuits in state courts, especially in New York, Florida, and California. This is due both to a pullback in federal enforcement, as well as the fact that some state laws tend to be more favorable to plaintiffs.
- Monetary damages are available in state cases. Unlike federal ADA claims that only allow injunctive relief and attorney’s fees, state laws such as California’s Unruh Civil Rights Act and New York’s human rights statutes permit financial damages.
- Plaintiffs are refiling dismissed federal cases in state courts. Some federal cases have failed due to procedural issues, leading plaintiffs to seek more favorable outcomes in state systems.
- State courts often offer faster proceedings and potentially more plaintiff-friendly interpretation. This increases pressure on businesses to respond quickly and may result in faster case resolutions against them.
- Jurisdiction reaches further than expected. A business based outside a particular state may still face litigation if its digital services are accessed there.
These trends highlight that while the ADA sets the baseline for digital accessibility, state laws can increase legal risk by offering additional enforcement tools and remedies. Businesses must prioritize compliance with established accessibility standards (Web Content Accessibility Guidelines 2.2, level AA) to reduce their overall exposure and ensure equal access for all users.
Key Trends: Who Is Being Targeted Now
- E-commerce sites dominate the lawsuits, accounting for 69 percent of cases, followed by food service, healthcare, and fitness. While it’s a strong majority of the lawsuits, this number has been steadily decreasing as other industries are rising.
- Large companies are increasingly at risk. In 2025, 36 percent of defendants have annual revenues over $25 million, up from 33 percent in 2024. However, this means that 64 percent of lawsuits target small and mid-sized businesses. This shows that smaller organizations remain a primary focus for plaintiffs, making proactive accessibility compliance just as critical for them as it is for larger enterprises.
- Accessibility widgets are not safe. From January to June 2025, companies using these overlays faced lawsuits every month, with 132 widget-related cases in February alone.
Who Must Comply with Accessibility Laws
Most businesses that offer goods or services to the public are required to comply with digital accessibility laws. Compliance is not limited to large corporations or specific industries. Here’s who must meet accessibility standards:
- Businesses considered “public accommodations” under the ADA. This includes retailers, restaurants, banks, healthcare providers, hotels, and many others. Their websites and digital services must be accessible to people with disabilities.
- Businesses subject to state accessibility laws. States like California and New York have laws that often expand enforcement and allow monetary damages. These laws apply broadly to businesses serving customers in those states.
- Organizations receiving federal funding. Such entities must comply with Section 504 of the Rehabilitation Act, which includes digital accessibility requirements.
- Small and mid-sized businesses with a public online presence. Unless a business operates entirely privately or without any public-facing digital services, it must ensure those services meet accessibility standards.
In short, if your business interacts with the public through a website, app, or digital platform, it likely needs to comply with accessibility requirements to avoid legal risk and serve all users equally.
What Businesses Should Do Now
- Conduct a full digital accessibility audit in line with WCAG 2.2 AA standards.
- Fix accessibility issues at their source, not with overlays or widgets.
- Train design, development, and content teams on accessibility best practices.
- Embed accessibility into workflows, so updates do not introduce new barriers.
- Monitor compliance continually, adapting to evolving legal standards and technologies.
Conclusion
The surge in digital accessibility lawsuits in 2025 sends a clear message: no business is immune from legal risk if their websites and digital services are not accessible. Both large companies and small businesses face increasing scrutiny under the ADA and state laws, and the shift toward state courts means that the consequences of noncompliance can be more severe and faster-moving than ever before.
Prioritizing digital accessibility is not only a legal obligation but also a vital step toward inclusivity and better customer experience. By aligning your digital presence with WCAG standards, you reduce legal exposure, open your brand to a wider audience, and demonstrate a commitment to serving all users fairly.
Taking action now to audit, fix, and maintain accessibility is the best way to protect your business and foster a more equitable digital world.
