Website accessibility lawsuits are a real risk for small businesses, especially online stores. More than 2,000 were filed in the first half of 2025 alone. The good news: most of what makes a site accessible is basic, well-understood work, and it makes the site better for every visitor. What doesn't work is a one-line overlay widget.

How common are accessibility lawsuits?

UsableNet, a digital accessibility company, counted 2,019 digital accessibility lawsuits in the first half of 2025 and projected a 20% increase on 2024. It found:

  • Ecommerce was the top target, at 69% of lawsuits, followed by food service and healthcare.
  • New York led state-level filings, and Florida was the most active state for federal suits.
  • 36% of companies sued had more than $25 million in revenue, which means most were smaller.

Do accessibility overlays protect you?

No. Overlays are scripts that add an accessibility toolbar to your site and promise instant compliance. In January 2025, the FTC announced a proposed $1 million settlement with accessiBe, alleging the company claimed its widget made websites compliant when, in many cases, it didn't make components like "menus, headings, tables, images, recordings, and more" accessible. The FTC also alleged accessiBe dressed up ads as independent reviews.

Accessibility has to be built into the site's code and content.

What standard should you aim for?

Most accessibility policies, audits and settlements point to the Web Content Accessibility Guidelines (WCAG) 2.1 at level AA. You don't need to memorize it; you need the common failures fixed.

A practical accessibility checklist

Images and media

  • Every meaningful image has descriptive alt text; decorative images are marked as decorative.
  • Videos have captions; audio has a transcript.

Color and text

  • Text has enough contrast against its background, including text on photos and buttons.
  • Information isn't conveyed by color alone (for example, required fields aren't marked only in red).
  • The page still works when text is zoomed to 200%.

Keyboard and focus

  • Every link, button, menu and form works with the keyboard alone.
  • A visible focus outline shows where you are.
  • Pop-ups and menus can be closed with the Escape key and don't trap the keyboard.

Forms

  • Every field has a visible label, not just placeholder text.
  • Error messages say what went wrong and how to fix it.
  • CAPTCHAs have an accessible alternative.

Structure

  • One H1 per page, with headings in order.
  • Links say where they go ("See roofing services," not "Click here").
  • The page language is set and the layout works on small screens.

Where to start if your site is older

  1. Run a free automated check, such as WAVE or Lighthouse, to find the obvious issues.
  2. Try using your site with only a keyboard for five minutes.
  3. Fix the templates (header, footer, forms, product pages) first, since they repeat everywhere.
  4. Publish an accessibility statement with a way for visitors to report problems.

Automated tools catch only part of the problems, so a manual review matters, especially for checkout and contact forms.

Build it in from the start

Every site we build, from contractor websites to home care and clinic sites, uses accessible components, proper labels, keyboard support and tested color contrast. Get a fixed quote for a new site or an accessibility pass on your current one.

This article is general information, not legal advice. Talk to a lawyer about your specific situation.

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