## The Numbers Are Staggering
Over 5,100 federal ADA website accessibility lawsuits were filed in 2025 — a 37% increase from the previous year. Projections for 2026 exceed 5,500 filings. The increase is driven by a small number of serial plaintiffs: just 31 individuals filed more than half of all cases.
Who Gets Targeted
E-commerce sites are the primary target — 69% of accessibility lawsuits hit online stores. But restaurants, healthcare practices, service businesses, and any company with a website are vulnerable. Serial litigants use automated scanning tools to identify WCAG violations at scale, then file complaints targeting the easiest wins: missing alt text, keyboard navigation failures, and inaccessible forms.
Why Overlay Widgets Don't Protect You
The FTC settled with accessiBe in 2024 after finding that their claims of "instant ADA compliance" were deceptive. Courts have consistently ruled that JavaScript overlays do not provide genuine WCAG compliance. Worse, some serial litigants specifically target sites using overlays — the presence of an overlay signals that the site owner knows they have accessibility issues but chose a shortcut instead of real remediation.
The DOJ Is Making It Harder to Settle
In February 2026, the Department of Justice filed a Statement of Interest in the Fashion Nova accessibility case, opposing a proposed class action settlement as insufficient. This signals that the DOJ will not allow businesses to "pay once and be protected forever" through class settlements — each violation can be prosecuted independently.
What WCAG 2.1 AA Requires
The Web Content Accessibility Guidelines (WCAG) 2.1 Level AA is the standard courts use. Key requirements include: text alternatives for images, keyboard navigation for all interactive elements, sufficient color contrast, form labels, error identification, and consistent navigation. The DOJ's April 24, 2026 Title II rule formally requires government websites to meet this standard, which further strengthens its use as the benchmark for private business cases.
What Actually Works
Continuous monitoring — not a one-time audit — is the only sustainable approach. WCAG violations reappear every time you update your website. A timestamped remediation log showing that you identified issues and fixed them over time is the strongest legal defense. Courts evaluate "good faith compliance effort," and a documented audit trail demonstrates exactly that.
The Tax Credit Most Businesses Miss
Small businesses (under $1M revenue or fewer than 30 FTEs) can claim a federal tax credit covering 50% of eligible accessibility expenses, up to $5,000 per year. A $29/month monitoring subscription ($348/year) is fully covered by this credit — the tool effectively pays for itself.