Digital Accessibility Lawsuits: Trends, Risks, and How to Avoid Them

In today's digital-first world, ensuring online accessibility isn't just about compliance—it's a fundamental business necessity. As organizations increasingly rely on digital platforms to serve their customers, the imperative to make these platforms accessible to all users has never been more critical. This article looks at the current state of digital accessibility, explores recent legal developments, and provides actionable insights for organizations seeking to enhance their accessibility compliance.

What is digital accessibility? 

Digital accessibility refers to the practice of designing and developing digital content and technologies that can be used by people with various disabilities - visual, auditory, motor, cognitive, or temporary disabilities. This includes websites, mobile applications, documents, and other digital tools that must be perceivable, operable, understandable, and robust for all users. 

The implementation of digital accessibility isn't just about meeting technical requirements—it's about ensuring that all users can effectively access and interact with digital content, regardless of their abilities or preferred methods of technology interaction. This approach aligns with both legal obligations and the growing expectation for inclusive digital experiences.

The current state of digital accessibility lawsuits

The digital accessibility landscape is experiencing significant evolution, particularly in terms of legal compliance and regulatory requirements. While U.S. organizations navigate an increasingly complex web of ADA-related litigation, Europe is preparing for a major shift in its regulatory framework with the introduction of the European Accessibility Act (EAA) in June 2025. This legislation will establish unified accessibility standards across EU member states, affecting various digital sectors from e-commerce to banking services.

In 2023, 2,281 web accessibility lawsuits were filed in federal and state courts, marking a slight 4% decrease from 2022. However, this minor decline doesn't indicate reduced risk—instead, it likely reflects an increase in pre-litigation settlements. Additionally, Accessibility.com estimates an 18% rise in demand notices compared to the previous year.

These developments highlight a crucial message for organizations: proactive accessibility implementation is no longer optional. Companies that prioritize accessibility compliance not only protect themselves from potential legal challenges but also gain significant advantages in terms of brand reputation and user experience.

The most affected industries

Based on the 2024 midyear report from UsableNet, certain industries have emerged as primary targets for web accessibility lawsuits:

E-commerce

• Common accessibility issues: Online retail platforms face widespread challenges with product catalogs, shopping carts, and checkout processes. The high volume of dynamic content and complex user interactions create significant barriers for users relying on assistive technologies.
• Key accessibility requirements: Websites must implement screen reader compatibility across all shopping functions. Product listings require detailed alternative text, accessible pricing information, and keyboard-navigable interfaces. Cart systems and checkout processes need clear error handling and status updates for all users.

Food service industry 

• Common accessibility issues: Digital menus, online ordering systems, and location-based services frequently present accessibility barriers. Time-sensitive offers and promotional content often lack accessible alternatives. Mobile ordering apps commonly have compatibility issues with screen readers.
• Key accessibility requirements: All menu items must include screen reader-compatible descriptions. Ordering platforms need simplified navigation and clear feedback mechanisms. Location services must be accessible through multiple input methods, with alternatives for map-based interfaces.

Education and entertainment

• Common accessibility issues: Both sectors struggle with multimedia content accessibility, including video players and interactive elements. Educational platforms face challenges with course materials and assessment tools, while entertainment services often lack proper media player controls and content discovery features.
• Key accessibility requirements: All video and audio content must include captions and transcripts. Interactive elements need keyboard navigation support and clear instructions. Content must be accessible through multiple pathways, with alternatives for complex interactions.

Emerging concerns in other industries

These industries include healthcare, travel/hospitality, fitness and wellness, real estate, automotive, insurance, and banking/finance.

• Common accessibility issues: These sectors face unique challenges with specialized tools and services, such as booking systems, financial calculators, and health monitoring platforms. Complex forms and secure transactions often create barriers for users with disabilities.
• Key accessibility requirements: All interactive tools must support multiple input methods and provide clear feedback. Secure processes need to maintain accessibility without compromising security. Industry-specific features require careful consideration of accessibility standards and alternative access methods.

Notable accessibility lawsuits and settlements

The reality of accessibility litigation becomes clearer when examining high-profile cases that have shaped the current legal landscape. These cases demonstrate both the financial and reputational stakes involved in accessibility compliance.

Domino's Pizza case

A case involving Domino's Pizza highlights the complexity of digital accessibility requirements. When a visually impaired customer filed suit over inaccessible website and mobile app interfaces, the case reached the Supreme Court. The Court's decision to allow the case to proceed sent a clear message: digital accessibility isn't optional, even for major corporations.

Target settlement

Target faced a $6 million settlement after the National Federation of the Blind challenged their website's accessibility. Similarly, Winn-Dixie faced a $6 million lawsuit when their website failed to accommodate visually impaired users – a clear indication of the substantial financial risks involved in non-compliance.

Parkwood entertainment lawsuit

The entertainment industry isn't immune either. Parkwood Entertainment, owned by global superstar Beyoncé, faced a class-action lawsuit over website accessibility issues, particularly concerning alternative text for images and proper link headings. The undisclosed settlement, believed to be in the millions, demonstrates that brand recognition offers no protection against accessibility requirements.

How to solve accessibility issues?

Effective accessibility compliance requires an ongoing approach. Organizations should begin with accessibility audits of their digital properties. These audits should combine automated testing tools with manual expert review and, ideally, include testing by individuals with disabilities who can identify practical accessibility barriers that automated tools might miss.

Vendor management represents another important component of accessibility compliance. Organizations must establish clear contractual obligations with third-party service providers, requiring them to meet specific accessibility standards. Regular audits of third-party components and clear timelines that ensure that all aspects of the digital experience maintain accessibility compliance.

Best practices for maintaining accessibility compliance

1. Adhere to the latest accessibility standards. Follow the Web Content Accessibility Guidelines (WCAG) 2.2 at the AA level, even though some jurisdictions still reference WCAG 2.1. By staying up to date with the latest standards, organizations can reduce risk, as these guidelines are increasingly cited in both demand letters and lawsuits.
2. Integrate accessibility early in the development process. Accessibility should be embedded in every phase of development, from design to deployment. Educate designers, developers, and content creators on accessibility best practices so they understand how to create inclusive digital experiences from the start.
3. Implement continuous testing. Regular audits are essential for identifying and addressing accessibility issues. Start with a thorough audit of your digital properties, using both automated tools and manual testing. Schedule periodic testing to keep up with evolving WCAG guidelines, technology updates, and user needs.
4. Collaborate with third-party vendors. Many digital accessibility issues arise from third-party tools or services, so it's essential to work closely with vendors to ensure their products meet WCAG standards. Establish clear contractual obligations for accessibility compliance and require vendors to provide ongoing proof of compliance.
5. Establish clear accessibility policies and goals. Create a formal digital accessibility policy that outlines your organization's commitment to accessibility and defines measurable goals for compliance. This policy should include timelines, key performance indicators, and guidelines for internal and external compliance.

Looking ahead: 2024 and beyond

As we look ahead, several key trends are likely to shape the accessibility landscape in 2024 and further. Industry experts anticipate a 10% increase in overall lawsuit filings and predict that 25% of cases will reference the WCAG 2.2 standards. Perhaps most significantly, with the continued increase in mobile device usage, a 300% surge in mobile-related accessibility lawsuits is expected. These developments emphasize the importance of implementing comprehensive accessibility measures, particularly in mobile applications and interfaces, to meet both legal requirements and user needs effectively.

The bottom line

Making your digital content accessible isn't just about following the law, it's about making smart business decisions in the digital world. When organizations commit to accessibility, they gain several key advantages. First, they reach a wider audience by ensuring their content works for everyone, whether they use screen readers, keyboard navigation, or other assistive technologies.

Companies that make accessibility a priority also show they care about their social impact, which builds trust with customers and strengthens their brand. Best of all, when you design with accessibility in mind, you often create better experiences for all users, making your digital spaces easier to navigate and more user-friendly for everyone who visits them.

Are you looking to ensure your digital properties meet accessibility requirements? Schedule a consultation to learn how we can help protect your organization while creating more inclusive digital experiences.