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Lawsuits targeting businesses for ADA website non-compliance are on the rise, and it's hitting merchants hard.
The root of these claims?
Website accessibility.
Small features—like missing alt text on images can lead to hefty legal battles.
One business recently got sued for $75,000 because their site wasn’t accessible to a customer with disabilities.
After a year of fighting, they won the case but not without spending $15,000 in legal fees.
So, what’s going on, and how can you avoid this?
Source: Reddit / Shopify Channel
Why Merchants Are Being Targeted
Under the ADA, businesses must ensure their websites are accessible to people with disabilities.
This includes everything from proper alt text to clear navigation for users who rely on screen readers or keyboard-only access.
The problem?
These guidelines can be vague, leading to lawsuits, often from firms looking for quick settlements.
Many businesses don’t even get a heads-up before they’re hit with a lawsuit—leaving them blindsided and scrambling to either settle or defend themselves.
Lessons from Recent Cases
Settlement Offers Can Escalate Fast - What starts as a small demand can quickly snowball. One business offered to settle for $3,000, but the plaintiff came back asking for $20,000. Ultimately, they decided to fight it all the way and saved themselves from an inflated settlement—but still faced significant legal fees.
Defense Matters - In one successful defense, the business used a legal precedent that the plaintiff hadn’t reached out to them before suing. This technicality helped get the case dropped. Knowing your rights and finding a strong legal strategy is crucial.
Legal Fees Add Up - Even when you win, fighting these lawsuits can be expensive. One business spent $15,000 on legal defense, proving that while victory is possible, it’s still costly. You need to weigh the costs of settling versus fighting.
How to Protect Your Business
Know the ADA Guidelines - The Web Content Accessibility Guidelines (WCAG) are your blueprint. Here’s what you should focus on:
Audit Your Website Regularly - Don’t wait for a lawsuit to tell you what’s wrong with your site. Conduct regular audits to find and fix accessibility issues. Document every update you make—this could help defend your case if you're ever sued.
Don’t Rely on Quick-Fix Widgets - While third-party accessibility tools and plugins can help, they’re not a complete solution. Your site’s core functionality needs to meet accessibility standards.
Get Legal Help Early - If you receive a lawsuit or demand letter, don’t ignore it. Reach out to a lawyer who specializes in ADA compliance right away. Some lawsuits can be dismissed if you weren’t contacted about the issue beforehand—but you’ll need a solid defense to make that case.
Consider Settling Carefully - Not all cases should go to trial. Sometimes settling quickly makes sense, but as we’ve seen, holding firm and negotiating can save you money in the long run. Weigh your options based on the specifics of your case.
Bottom Line
ADA website lawsuits are here, and they’re not going away anytime soon. The best thing you can do?
Be proactive.
Web Content Accessibility Guidelines (WCAG) 2.1
Audit your site, stay compliant with WCAG, and document everything. You’ll lower your risk of getting sued—and if it happens, you’ll be ready.
Hello,
This is a final reminder that your store’s accessibility compliance issues are still outstanding. As previously mentioned, your website does not fully adhere to the accessibility standards required under the Americans with Disabilities Act (ADA).
You now have just 2 days remaining to take corrective action. Failing to do so could lead to significant consequences, including potential legal action, fines of up to $75,000 per violation, reputational harm, and even the suspension of your Shopify store. Additionally, non-compliance may negatively impact your store’s SEO rankings.
To avoid these risks, we strongly encourage you to begin addressing these issues.
Thank you for addressing this urgent matter promptly.
Hello, This is a final reminder that your store’s accessibility compliance issues are still outstanding. As previously mentioned, your website does not fully adhere to the accessibility standards required under the Americans with Disabilities Act (ADA). You now have just 2 days remaining to take corrective action. Failing to do so could lead to significant consequences, including potential legal action, fines of up to $75,000 per violation, reputational harm, and even the suspension of your Shopify store. Additionally, non-compliance may negatively impact your store’s SEO rankings. To avoid these risks, we strongly encourage you to begin addressing these issues. Thank you for addressing this urgent matter promptly.
Web Development Lead @ Loop Earplugs | Ecommerce Specialist
1yLennart Vandoorne Catalin Setraru
Head of eCommerce - Granite Digital. Building eCommerce since 1999. Views and opinions are my own.
1yVery informative - excellent lesson shared.