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Your Panelists

Kristina Launey

Partner at Seyfarth

 Kristina is a Partner at Seyfarth and a leader on the firm's nationwide ADA Title III specialty team. With 15+ years defending businesses in Title III and related disability access matters, she brings deep experience across litigation, compliance counseling, and emerging accessibility issues — including plaintiffs' bar dynamics, site inspections, and the practical challenges of applying unclear and evolving standards. 

Jason Taylor

Chief Innovation Strategist and Advisor to the UsableNet CEO

Jason is a global technology leader for multichannel customer engagement. Jason has over 20 years of experience as an active member of the accessibility and usability communities since 2001, which started with leading partnerships between UsableNet, Macromedia (now Adobe), and The Nielsen Norman Group.

2023 ADA digital accessibility lawsuits in numbers

According to UsableNet's 2023 End of Year ADA Digital Accessibility Lawsuit Report:

~4,600

federal and state lawsuits filed against app and web properties in 2023

80–100

new cases filed every week on average

84%

of all cases filed by just 10 plaintiff firms and ~25 repeat plaintiffs

25%

of 2023 defendants had been sued previously for web accessibility

700

lawsuits filed against sites that had an accessibility widget installed

~95%

of plaintiffs used a screen reader or other assistive technology

Top filing states: New York, California, and Florida. State court filings increased as federal filings declined.

“Using a widget absolutely does not insulate you from getting sued.”

— Kristina Launey, Partner at Seyfarth, ADA Title III Specialty Team

What is an ADA website lawsuit?

An ADA website lawsuit is a civil claim alleging that a business's website or mobile app is inaccessible to people with disabilities in violation of Title III of the Americans with Disabilities Act. Most are filed by individuals who use assistive technology such as screen readers.

The underlying legal obligation under Title III is effective communication with individuals with disabilities — not a perfectly accessible website. Courts have consistently pointed to WCAG (Web Content Accessibility Guidelines) as the de facto technical standard for what constitutes an accessible website in the absence of DOJ regulation.

The vast majority of ADA website lawsuits settle before trial. Damages, where recoverable, are typically in the 4–5 figure range; attorneys' fees make up most of the cost of litigation.

Frequently asked questions from the webinar

If my business isn't based in New York, California, or Florida, am I still at risk?

Yes. If you sell or ship to customers in those states, you can be sued in their courts regardless of where your business is headquartered. Jurisdiction is fact-specific, but assuming you're insulated because you're based elsewhere is a mistake.

Does an accessibility widget or overlay prevent ADA lawsuits?

No. According to UsableNet's 2023 report, roughly 700 lawsuits were filed against websites with a widget installed at the time of filing. Widgets do not insulate a site from claims, and some complaints have alleged that widgets made screen reader experiences worse.

We settled an ADA lawsuit last year. Can we be sued again?

Yes. Settlement agreements do not block future lawsuits from other plaintiffs. Approximately 25% of 2023 ADA digital accessibility lawsuits were filed against defendants who had already been sued. Every individual who encounters a barrier has the right to bring a separate claim.

Does a "site under maintenance" or "accessibility updates in progress" banner help?

No. A notice that remediation is in progress is equivalent to posting a "ramp coming soon" sign on a physical store with steps — the person still cannot access the site. The ADA requires an alternative, equally effective means of communication while remediation is in progress.

We have a customer service phone line and chat. Does that satisfy our ADA obligations?

It can help, but only if the alternative channel is as timely and effective as the website itself. Long hold times, untrained agents, or unmonitored inboxes undermine the defense. Effective communication — not a perfectly accessible website — is the underlying obligation under ADA Title III.

Are web development agencies legally responsible for website accessibility?

Not under current law. A 2023–2024 California bill proposed extending accessibility liability to website developers, but the bill was put on ice. Similar proposals are expected to return. Procurement contracts remain the most reliable way to push accountability down the vendor chain.

What actually happens to most ADA website lawsuits?

The vast majority settle quickly. Damages (in states that allow them) are typically minimal; attorneys' fees drive most of the cost. Litigating a case to judgment is expensive for both sides, which is why fast resolution is the norm.

Want more?

Register above to watch Kristina and Jason's full 30-minute discussion on-demand — or skip to the latest numbers in our current report.

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