Since 2018, UsableNet has been tracking digital accessibility lawsuits across the United States. “Digital” accessibility extends beyond website accessibility lawsuits, and also covers mobile apps, video content and other digital content. The information they gather is very valuable in helping us understand the scope and magnitude of the digital accessibility legal landscape. And since they’ve been tracking this information for the past six years, we have a wealth of data to refer to that can help guide us into 2025. UsableNet just released their 2024 Year End Report, and here are some of the highlights.
Digital Acessibility lawsuits are thriving
In 2018, there were roughly 2,300 digital accessibility lawsuits filed in state and federal courts. That number increased every year, reaching a peak of 4,630 in 2023. 2024 wasn’t quite as active but there were still more than 4,000 lawsuits filed. And that is a substantial number. But these are undoubtedly easy suits to file and easy to prove. One quick test can tell you immediately if a company’s website or app is not compliant with ADA and WCAG standards.
Lightning can strike twice (or more)
Close to 1,000 website accessibility lawsuits in 2024 targeted companies who had been sued previously. This really emphasizes the notion that WCAG compliance is not something you achieve and then forget about it. Many companies don’t realize that accessibility requires constant work and diligence. Websites are constantly changing and updating with new content. And as such, the website manager must ensure that are religiously adhering to best practices and thoroughly understand WCAG criteria. Additionally, it’s wise to perform regular accessibility audits on your website. Every six months (or quarterly if you publish a lot of content), perform an audit on all new pages to identify any new issues.
ECommerce is a major target
ECommerce properties account for the vast majority of website accessibility lawsuits. In 2024, 77% of lawsuits were eCommerce sites. This is actually lower than it’s been in previous years. It’s usually well over 80%. Food service comes in a distant second at 11%. Be warned, though, if your business is neither eCommerce or food service, that does not mean you’re off the hook. It just means that you’re not the easiest target. But any business can be a target.
Small businesses are not safe from lawsuits
Businesses with an annual revenue of $25m or less account for 2/3 of all website accessibility lawsuits in 2024. Of course there are far more small businesses in the US than large, so it would make sense that there would be a higher volume. But some people might be under the false assumption that because they’re a small business, they’ll fly under the radar and not be a target for lawsuits. And as we see from these statistics, they would be very wrong.
Accessibility widgets do not protect you from getting sued
You’ve probably come across one of these on any number of sites. A little blue icon in the lower corner of your screen with a person in a wheelchair or something else signifying accessibility. When you click this icon, it brings up a panel that allows the user to adjust the appearance of the website to accommodate a number of disabilities. These widgets have been marketed as an easy and affordable way to make your site accessible and compliant with ADA requirements. The trouble is, they don’t. In fact, they may actually be making your site a target for lawsuits. Because that little icon is a telltale sign that the underlying code of your website is not compliant. And it’s suggested that the widgets are not fully accessible or compliant either.
Summary
We are seeing that digital accessibility lawsuits are fertile ground and will continue for the foreseeable future. Website managers should not view accessibility as an optional add-on or something they can ignore. It is critical that businesses prioritize the accessibility of their websites and apps. This means not taking shortcuts like accessibility widgets. Instead, conduct a manual accessibility audit and perform the necessary remediation work to bring your site into compliance with WCAG standards. And then make sure you’re continually following best practices to maintain an accessible website. And if you have questions or need recommendations, please don’t hesitate to ask us. We’re always happy to help!
