ADA website lawsuits: what small business owners should know
Federal website accessibility lawsuits went up 27% in 2025. Most cases were against smaller companies. Here is what the numbers say, and what to do first.
If you run a small business, you have probably heard about a shop or restaurant that got a letter saying its website breaks the Americans with Disabilities Act. Maybe you thought it only happens to big brands. The 2025 numbers say otherwise.
The numbers from 2025
Seyfarth Shaw, a law firm that has counted ADA cases for years, reports that 3,117 website accessibility lawsuits were filed in US federal courts in 2025. In 2024 the count was 2,452. That is a 27% increase in one year. Website cases made up 36% of all ADA Title III lawsuits in federal court, up from 28% the year before.
Those are federal cases only. Seyfarth notes that demand letters and state-court cases are outside that count. UsableNet counted 5,114 digital accessibility lawsuits in 2025 in federal courts and in the state courts of New York and California. Demand letters are outside that figure too.
Where were people sued? In federal court, New York led with 1,021 cases, then Florida with 961, then Illinois with 585. UsableNet also names Pennsylvania, Minnesota and Missouri as meaningful contributors.
Most cases were against smaller companies
This is the number most owners do not expect. UsableNet found that companies with less than $25 million in yearly revenue were the defendants in 64% of the 2025 cases. Companies above $25 million accounted for the other 36%.
Two more findings from the same report are worth knowing:
About 70% of the cases were against e-commerce sites. If customers can buy from you online, you are in the group that gets sued most.
1,427 cases were against companies that had already been sued before. A past case does not mean there will not be another one.
Does the ADA really cover my website?
The US Department of Justice says it does for businesses that are open to the public. Its guidance says the ADA's requirements apply to all the goods and services of those businesses, "including those offered on the web." Courts have not all ruled the same way on every detail, and this article is not legal advice. But the DOJ's position is clear, and lawsuits keep getting filed.
Will an accessibility widget protect me?
Not by itself. UsableNet's report says plainly that accessibility widgets did not slow litigation in 2025, and sites with widgets were sued every month of the year. A widget can help visitors with things like larger text, contrast and keyboard use. It is a step toward ADA compliance, not a guarantee, and no single tool can promise compliance.
What a small business can do first
You do not need to fix everything this week. A sensible order looks like this:
Check your home page and checkout with a keyboard only. Can you reach every button and finish an order without a mouse?
Add text descriptions to images that carry meaning, such as product photos and menus.
Make sure text has enough contrast against its background, especially on buttons and prices.
Label form fields, so a screen reader says "Email" and not just "edit text".
Write down what you changed and when. If you ever get a letter, a record of real work helps.
For a full review, you need a person who tests the site, not only an automated scan. Scans miss things like confusing page order or a checkout that traps keyboard users.
If a demand letter arrives
A demand letter usually names a few problems on your site and asks for a payment to settle. It can feel urgent, and that is the point. A few plain steps help:
Do not ignore it, and do not reply in anger. Note the date you received it.
Talk to a lawyer who handles ADA cases before you pay or sign anything.
Keep a copy of your site as it was that day. Screenshots with dates are enough to start.
Start fixing the problems the letter names, and keep notes of what you fixed.
Adding a widget the same afternoon is not a defense on its own. Real fixes, and a record of them, put you in a better position.
Money: a tax credit that may apply
This is not tax advice. The federal Disabled Access Credit (IRS Form 8826) lets an eligible small business claim 50% of eligible access spending above the first $250, on up to $10,250 of spending, so the credit is at most $5,000 a year. A business is eligible if, in the preceding tax year, its gross receipts did not exceed $1 million, or it had no more than 30 full-time employees (the form counts someone as full-time at 30 or more hours a week for 20 or more weeks). Website accessibility work may qualify. Whether a cost qualifies is for your accountant to decide.
Not sure where your site stands? Book a free web accessibility check with TJ. He will look at your site with you and tell you what to fix first.
Access Heroes may earn a commission if you buy a tool we recommend. You pay the tool's maker directly, and we always tell you before you sign up. This article is general information, not legal or tax advice.
Sources
Seyfarth Shaw LLP, "Federal Court Website Accessibility Lawsuit Filings Bounce Back in 2025", ADA Title III blog, 25 March 2026. https://www.adatitleiii.com/2026/03/federal-court-website-accessibility-lawsuit-filings-bounce-back-in-2025/
UsableNet, "2025 Year-End Digital Accessibility Lawsuit Report". https://info.usablenet.com/2025-year-end-digital-accessibility-lawsuit-report-plain-text
US Department of Justice, "Guidance on Web Accessibility and the ADA", 18 March 2022. https://www.ada.gov/resources/web-guidance/
IRS, Form 8826, Disabled Access Credit (Rev. September 2017). https://www.irs.gov/pub/irs-pdf/f8826.pdf
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