Websites Are Covered by the ADA
If you tried to use a website or mobile app and couldn't — because your screen reader didn't work, you couldn't navigate with a keyboard, or the site was impossible to use with assistive technology — that may be an ADA violation.
Title III (businesses): The DOJ has confirmed that websites of businesses open to the public must be accessible. Courts have consistently ruled that inaccessible websites violate the ADA when the business has a physical location. Some courts have extended this to online-only businesses as well.
Title II (government): The DOJ's April 2024 rule explicitly requires state and local government websites and apps to meet WCAG 2.1 Level AA. This includes public school websites, court filing systems, benefit applications, voting information, and transit tools.
Website accessibility lawsuits make up roughly 28% of all federal ADA Title III filings. This is one of the fastest-growing areas of ADA enforcement.
Official Standard
DOJ Guidance (March 2022)
"The Department of Justice has consistently taken the position that the ADA's requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web."
Title II Web Rule (April 2024)
The DOJ published a final rule requiring state and local government websites and mobile apps to conform to WCAG 2.1 Level AA. Compliance deadlines: April 2026 (50,000+ population) and April 2027 (under 50,000).
What Counts as a Digital Barrier?
How to Document a Digital Barrier
If you encounter an inaccessible website or app, here's how to document it:
- Screenshot the problem — capture the page, error, or element that's inaccessible. On most computers, use the built-in screenshot tool. On phones, press the power + volume buttons.
- Note the URL — copy the exact web address from your browser's address bar.
- Record the date and time — this establishes when you encountered the barrier.
- Describe what you were trying to do — "I was trying to schedule an appointment" or "I was trying to check out" or "I was trying to read the menu."
- Describe what happened — "My screen reader skipped over the appointment calendar" or "I couldn't select a date because the dropdown was keyboard-inaccessible."
- Note what assistive technology you use — JAWS, NVDA, VoiceOver, ZoomText, keyboard-only navigation, etc.
- Try again and document the retry — if the barrier persists, note that too. This shows it's a systemic issue, not a temporary glitch.
Official Standard
What Courts Look For
In website accessibility cases, courts evaluate whether the plaintiff personally encountered the barrier, whether the barrier prevented meaningful access, and whether the website operator had notice. Screenshots with timestamps and specific descriptions of what failed are the strongest evidence.
What Can You Do About It?
Option 1: Report it to us. Submit a report through ADA Legal Link's intake form. Include your screenshots and description. We'll connect you with an attorney who handles digital accessibility cases. Many of these attorneys work on contingency — you pay nothing out of pocket.
Option 2: Contact the business directly. Some businesses genuinely don't know their website is inaccessible. An email to their customer service or ADA coordinator explaining the barrier may prompt a fix. However, this does not preserve your legal rights the way working with an attorney does.
Option 3: File a government complaint. For government websites: file with the DOJ at civilrights.justice.gov. For business websites: you can file with the DOJ, but individual website complaints rarely result in DOJ action. Private legal action is far more effective.
Option 4: File with the FTC. If a company claims its website is accessible (or uses an "accessibility overlay" widget) but it actually isn't, this may be a deceptive practice. The FTC has taken action against at least one overlay company for misleading claims.
Official Standard
No Pre-Suit Notice Required (Federal)
Under federal ADA law, you do not need to notify the website owner before filing a lawsuit. However, some states (including California under SB 1197) have notice requirements or incentives for website accessibility claims. Your attorney will know the rules in your state.
Website Lawsuits Are Increasing
Website accessibility is one of the most active areas of ADA enforcement. Over 2,400 website-specific ADA lawsuits were filed in federal courts in 2024. When combined with state court filings and demand letters, the number is significantly higher.
The industries most frequently sued include e-commerce, restaurants, hotels, healthcare providers, and financial services. Small businesses are not exempt — the majority of targets have under $25 million in revenue.
Courts have been clear: if your business serves the public and has a website, that website must be accessible. The technical standard most courts reference is WCAG 2.1 Level AA — the same standard the DOJ adopted in its 2024 Title II rule.
The message for website owners is simple: proactive accessibility is far less expensive than defending a lawsuit. The message for users who encounter barriers is equally clear: you have legal rights, and attorneys are actively seeking these cases.
Official Standard
Key Statistics
Website accessibility lawsuits made up approximately 28% of all federal ADA Title III filings in 2024. Over 8,800 total ADA Title III lawsuits were filed in federal courts in 2024 — a 7% increase over 2023. The top three states for filings are California, New York, and Florida.
A Note About 'Accessibility Widgets' and Overlays
If you're a business owner, you may have been sold an "accessibility overlay" — a toolbar widget that claims to make your website ADA compliant with a single line of code. These products (such as accessiBe, UserWay, AudioEye's overlay product, and others) have been widely criticized by the accessibility community, disability advocates, and multiple courts.
In 2024, the FTC ordered one overlay company to pay $1 million for misleading claims about its product's ability to make websites accessible. Overlays do not fix underlying code problems. Screen reader users frequently report that overlays make websites harder to use, not easier.
If you've installed an overlay and believe your website is compliant, it may not be. Consider a professional accessibility audit and code remediation.
Important
If you're a user who encounters a website with an overlay toolbar that still doesn't work for you — that is still an ADA violation and you can still report it.
Think you experienced an ADA violation?
Answer a few simple questions and we’ll show you exactly what applies to your situation — in 60 seconds.
Attorney-connected violation reporting — launching soon.
What ADA Digital Accessibility Requirements Generally Cover
If a screen reader failed, a keyboard couldn't move through a menu, or a form had no labels, that site or app likely wasn't built to current accessibility standards. The ADA generally requires public-facing websites and apps to work for people using assistive technology. Read the full breakdown on the Standards Guide.
Businesses Open to the Public
Under Title III, the Department of Justice (DOJ) has said websites of public-facing businesses generally need to be accessible. Courts have found this applies clearly when a business also has a physical location, and some courts have extended it to online-only businesses too. Whether a given site falls short depends on the specific barriers found and how the site is used.
Government Websites and Apps
Title II now spells this out directly. The DOJ's April 2024 rule requires state and local government websites and apps to meet WCAG 2.1 Level AA. In April 2026 the DOJ extended the deadlines: April 26, 2027 for governments serving 50,000 people or more, and April 26, 2028 for smaller ones and special districts. This covers school sites, court filing systems, benefit applications, voting information, and transit tools.
How to Document a Digital Barrier
If you hit a problem using a site or app, write down what happened as close to the moment as you can:
- What you were trying to do, like checking out, filling a form, or watching a video
- What tool you were using, like a screen reader, keyboard-only navigation, or screen magnification
- What went wrong, such as a button with no label, a trap you couldn't tab out of, or captions that didn't match the audio
- The date, the page, and a screenshot if you can get one
This record is useful no matter what you decide to do next. It helps you describe the barrier clearly, whether you're reporting it, asking the business to fix it, or talking to an attorney.
What To Do Next
Digital barriers show up constantly, and what they mean depends on the site, the barrier, and who runs it. The Standards Guide walks through how Title II and Title III generally apply, with links to the official DOJ text behind each rule.
If you want help sorting through what happened to you specifically, an ADA attorney can walk through the details with you directly.