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EcomBack 2024 ADA Website Accessibility Lawsuit Report: A Wake-Up Call For Small Businesses, Tech, Law, and Policy


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EcomBack

Jan 21, 2025, 10:15 ET

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EcomBack reveals its 2024 Website Accessibility Lawsuits Report, highlighting the thousands of businesses that continue to face ADA legal actions in the digital era

LOS ANGELES, Jan. 21, 2025 /PRNewswire/ -- EcomBack, a trusted digital accessibility company specializing in ADA (Americans with Disabilities Act) compliance for websites, published its much anticipated 2024 Annual ADA Website Accessibility Lawsuit Report.

Thousands of businesses faced legal challenges over website accessibility in 2024, according to EcomBack's new comprehensive report, which reveals granular data on trends and offers actionable insights for website owners.

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Thousands of businesses faced legal challenges over website accessibility in 2024. Read the full report.

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A total of 3,188 ADA website lawsuits were filed in 2024, underscoring the urgent need for website owners and technology providers to prioritize accessibility and for policy makers to stop rampant abuse of the legal system. This analysis covers ADA lawsuits filed between January and December 2024 and comparisons to trends in previous years.

EcomBack's 2024 Annual ADA Website Accessibility Lawsuit Report provides a comprehensive analysis of the plaintiffs filing these cases, the attorneys involved, current legal landscape, including the various strategies that plaintiff firms are currently employing, the industries and platforms that are becoming frequent targets, and higher settlement costs.

"Accessibility is no longer optional," stated Nayan Padrai, CEO of EcomBack. "Our 2024 report is the most comprehensive in the industry, and it shows that businesses need to act now to protect themselves and to ensure equal access for all, while pulling back the curtain on how the legal system is being ab/used for profit. Our report is a wake-up call to prioritize accessibility as a business imperative and a legal necessity."

Key Findings:

  • Who is filing these lawsuits: A concentrated group of 15 law firms were responsible for over 86% of lawsuits, and only 35 plaintiffs filed over 50% of cases, raising concerns about the motive, efficiency and fairness of the current litigation system around accessibility.
  • Widgets: Accessibility plug-ins and widgets prove to be ineffective tools, as they often serve as band-aid solutions that fail to address deeper compliance issues required under WCAG guidelines, leaving businesses vulnerable to litigation.
  • Filing in State Courts as a Legal Strategy: The report reveals a significant shift in the strategy of several plaintiff firms, which are increasingly opting to file ADA lawsuits in state courts rather than federal courts. This tactic complicates the tracking of such lawsuits and provides firms with a path of lesser scrutiny.
  • Demand Letters and the Cost of Non-Compliance: The report highlights the increasing use of demand letters as a strategic pre-litigation tool, enabling private settlement negotiations instead of formal lawsuits. In 2024, many businesses faced significant legal expenses and reputational harm due to accessibility claims. Those targeted by demand letters frequently reported feeling pressured to settle privately, often making payments to avoid the unpredictable and costly nature of litigation. This growing trend underscores the importance of proactively addressing accessibility to mitigate legal and financial risks.
  • Repeat Lawsuits: A Growing Concern: The rising issue of repeat lawsuits underscores the ongoing vulnerability of businesses to ADA litigation. In 2024, at least 2 businesses were sued four times, 26 businesses were sued three times, and 108 businesses were sued twice. This does not include demand letters sent to businesses, which are unaccounted for. This troubling trend reveals that businesses failing to adequately address accessibility gaps remain easy targets for multiple legal actions – public and private.
  • High-Impact Industries: Certain industries, including apparel and restaurant sectors, have been hit hardest by ADA website accessibility lawsuits. The report suggests that businesses in these sectors need to be particularly vigilant about ensuring their digital platforms are fully accessible.

About EcomBack

EcomBack is an expert in helping businesses achieve full compliance with the Americans with Disabilities Act (ADA) for their digital properties. With years of experience in website accessibility audits, compliance strategy, and remediation services, EcomBack is committed to ensuring that businesses can provide an online experience for all users, including those with disabilities.

For additional information on EcomBack's ADA compliance services, or to read the full 2024 Annual ADA Website Accessibility Lawsuit Report, please visit www.ecomback.com.

SOURCE EcomBack

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