Synopsis: Plaintiffs filed 3,225 website accessibility lawsuits in federal court in 2022 – a 12% increase over 2021.
Website accessibility refers to the practice of making websites usable and accessible to people with disabilities, including but not limited to visual, auditory, motor, and cognitive impairments. Unfortunately, many websites are not designed with accessibility in mind, which can create significant barriers for people with disabilities.
Website accessibility is becoming an increasingly important issue, as the Americans with Disabilities Act (ADA) requires websites to be accessible and usable by those with disabilities. Unfortunately, this is not always achieved and many websites remain inaccessible and unusable by those with disabilities, which can be incredibly frustrating and even dangerous.
The increase in website accessibility lawsuit filings is due to a variety of factors, including an increasing awareness of the ADA, better understanding of website accessibility issues, and improved enforcement by the Department of Justice and other organizations.
The most common issues found in website accessibility lawsuits include: lack of accessible images, incorrect use of titles and headings, missing alternative text for images, lack of keyboard-friendly navigation, and problems with color contrast.
The good news is that website accessibility issues can be easily fixed, often with minimal effort. The W3C’s Web Content Accessibility Guidelines (WCAG) provide detailed guidance on how to make websites accessible for those with disabilities.
For businesses, the consequences of not making their websites accessible can be serious. In addition to being sued, they may be subject to fines or other penalties. Businesses also risk losing customers if they don’t make their websites accessible.
The best way to avoid a website accessibility lawsuit is to proactively make sure that your website is accessible and usable by those with disabilities. This can be done by following the WCAG guidelines and testing your website on a regular basis.
With the right tools and effort, businesses can ensure their websites are accessible and useable by all customers, regardless of disability or other factors. Doing so will not only help avoid costly lawsuits, but also ensure that all customers are able to access and use the website.
Plaintiffs Set a New Record for Website Accessibility Lawsuit Filings in 2022
2022 was another record setting year for website accessibility lawsuits filed in federal court. The total number of lawsuits filed in federal court alleging that plaintiffs with a disability could not use websites because they were not designed to be accessible and/or work with assistive technologies in 2022 was 3,255–360 more than 2021.
This 12% increase in the number of lawsuits in 2022 is just slightly lower than the 14% 2021 increase, and matches the 12% increase we saw in 2020. While these numbers pale by comparison to the explosion of cases we saw from 2017 to 2018 (an increase of 177%), the continued year-over-year increases are still very significant.
ADA Title III Website Accessibility Lawsuits in Federal Court 2017-2022
Source: Seyfarth Shaw
Especially striking is the fact that, based on our soon-to-be-released overall 2022 ADA Title III lawsuit numbers, these website accessibility lawsuits made up a whopping 37% of the ADA Title III lawsuits filed in 2022, up from roughly 25% in 2021.
The first half of 2022 saw a steady climb from 210 in January to 383 in March, a dip to 164 in April, then spikes at 412 and 448 in May and June. The monthly numbers were more consistent at between July through October. There was a slight dip to 163 in November, before a December finish of 201.
Federal ADA Title III Website Accessibility Lawsuits per Month January 2022 – December 2022
Source: Seyfarth Shaw
New York, Florida, and California lead the pack
New York, Florida, and California federal courts continued to be the busiest by far, with Florida regaining the #2 spot and Pennsylvania besting California for the #3 spot. New York federal courts continued to be bombarded with lawsuits, totaling 2,560 lawsuits in 2022 (continuing an upward trend from 2,074 in 2021, 1,694 in 2020, 1,354 in 2019, and 1,564 in 2018).
Florida was a distant second with 310 lawsuits. California federal courts saw only 126 lawsuits in 2022 (halting the prior upward trend of 359 in 2021, 223 in 2020, 120 in 2019, and 10 in 2018), as shown in the chart below.
Pennsylvania passed the 200 mark at 216 in 2022, materially up from 167 lawsuits filed in 2021 and 173 in 2020. Illinois retained the #5 spot with 19 suits—considerably fewer than its 34 in 2021 and 32 in 2020 and 91 in 2019). Connecticut and Indiana remained in the top 10 with relatively meager numbers at 5 and 2, respectively, and newcomers Massachusetts, North Carolina, and Minnesota beat out Oregon and Wisconsin for the final 3 top 10 spots, with 13, 3, and 1 filings, respectively.
Federal ADA Title III Website Accessibility Lawsuits per State January 2022 – December 2022
Source: Seyfarth Shaw
New York, Florida, Pennsylvania, and California Federal ADA Title III Website Accessibility Lawsuits 2017-2022
If you’re wondering why California has so few website accessibility cases relative to New York, it is likely because New York courts have been more favorable toward plaintiffs, especially when the defendant is an online-only business.
Whether online only businesses are covered by the ADA remains unanswered by the Court of Appeals for the Second Circuit; however, with a few exceptions, district court judges in New York that have addressed the issue have found that online only businesses are covered by the ADA.
In contrast, in California, both federal and state courts of appeals have reached the conclusion that online only businesses are not covered by the ADA, making it much more difficult (if not impossible) for plaintiffs to sue online-only businesses for accessibility violations. Thus, we predict fewer website accessibility cases in both California state and federal courts in the future.
These numbers do not account for the many demand letters sent out by law firms which never result in lawsuits, as well as lawsuits filed in state courts (mostly in California) which are more difficult to track. These numbers also do not include lawsuits filed alleging that a mobile app is inaccessible, unless the lawsuit also alleged an inaccessible website.
Conclusion
In 2021, we saw a record-breaking number of website accessibility lawsuit filings in California, New York, and Texas. This is likely to continue into 2022 and beyond as disabled individuals become more aware of their legal rights. Businesses must take proactive steps to ensure that their websites and applications meet the legal requirements of the ADA, or risk being exposed to tremendous liability.
To comply with the ADA, businesses must ensure their websites, software, and hardware are accessible for persons with disabilities. This includes making sure that the content, audio, and video files are accessible, as well as the website’s overall design. To do this, businesses must identify and remediate any barriers to accessibility, and test their websites for accessibility regularly.
The increasing number of website accessibility lawsuits should serve as a wake-up call for businesses to take website accessibility seriously. By ensuring that their websites are accessible to all, businesses can not only avoid legal challenges but also provide a better user experience for all customers.
