The short answer
Very likely, if your business sells to the public in the US. The US Department of Justice says the ADA covers the websites of businesses open to the public. There's no official technical standard or deadline for business websites, but lawsuits don't wait for one: more than 3,000 were filed in federal court over websites in 2025 alone.
The short version
- Title III of the ADA covers businesses open to the public. The Department of Justice (DOJ) says this includes what they offer on the web.
- There's no federal rule with a technical standard or deadline for business websites. The DOJ points to the international accessibility standard, WCAG, as helpful guidance.
- The new rule with deadlines in 2027 and 2028 is for state and local governments, not businesses.
- Courts disagree on whether online-only businesses are covered. If you also have physical locations, your website is very likely covered.
- Most claims come from private lawsuits and demand letters, concentrated in New York, Florida and Illinois federal courts, and in New York and California state courts.
Does the ADA cover business websites?
The DOJ says yes for businesses open to the public, and most courts agree at least when the website is connected to a physical location. The Americans with Disabilities Act (ADA) is a US civil rights law from 1990. Its Title III says businesses open to the public, such as shops, restaurants, hotels and banks, must not discriminate against people with disabilities. The ADA was written before most websites existed, so it doesn't mention them.
In its 2022 guidance, the DOJ says that "businesses open to the public" must provide "full and equal enjoyment" of their goods and services, and that this applies to what they offer on the web.
Courts mostly agree, with one open question: what about businesses that exist only online?
- In Robles v. Domino's Pizza (2019), a federal appeals court held that the ADA applies to Domino's website and app, because they connect customers to its physical restaurants. The Supreme Court declined to review the case.
- An appeals court in the Southeast ruled the opposite way in Gil v. Winn-Dixie in 2021, but later vacated that ruling, so it no longer counts.
- For online-only businesses, US courts disagree about whether the ADA applies, and the Supreme Court hasn't settled it. Lawsuits against online-only shops are still filed, especially in New York.
In practice, being online-only doesn't stop a lawsuit from being filed. It may give your lawyer an argument once it is.
Is there a deadline or a technical standard?
Not for businesses. The DOJ's guidance says: "The Department of Justice does not have a regulation setting out detailed standards." Businesses "have flexibility" in how they comply, but must still meet the ADA's general requirements.
The DOJ started work on a website rule for businesses in 2010 and withdrew it in 2017. Nothing has replaced it. What the guidance does say is that existing standards, WCAG and the US government's own Section 508 standards, "provide helpful guidance".
The rule you may have read about is for state and local governments (Title II of the ADA). It was published in April 2024 and uses WCAG 2.1 level AA. In April 2026, the DOJ pushed its deadlines back by a year:
| Who | Original deadline | Current deadline |
|---|---|---|
| State and local governments, 50,000+ people | 24 April 2026 | 26 April 2027 |
| Smaller governments and special districts | 26 April 2027 | 26 April 2028 |
| Private businesses (Title III) | None | None |
The government rule doesn't apply to businesses, but it shows which standard the DOJ picked when it did write one: WCAG 2.1 level AA.
Where do the lawsuits come from?
Mostly from private plaintiffs and a small number of law firms, in a few states. Under the ADA, a private person can sue a business for an inaccessible website. They can ask the court to order fixes, and if they win, the court can award them their attorney's fees. That makes claims attractive to bring, even without damages.
Some numbers:
- 3,117 website accessibility lawsuits were filed in federal court in 2025, up 27% from 2,452 in 2024, according to the law firm Seyfarth Shaw. That's 36% of all federal ADA Title III lawsuits.
- The most were filed in New York (1,021), Florida (961) and Illinois (585). California federal courts had only 4.
- That's because many cases are filed in state courts instead, especially in New York and California. Counting those, UsableNet, a company that tracks these suits, counted more than 5,000 digital accessibility lawsuits in 2025. Its numbers include apps and other digital services, so they don't line up exactly with Seyfarth's.
- UsableNet also found that 45% of federal cases in 2025 targeted companies that had been sued before.
Demand letters that never become lawsuits aren't in these counts, and we didn't find reliable numbers on them.
What can it cost?
Under the ADA itself, a private plaintiff can get a court order to fix the site plus attorney's fees, not damages. But state laws can add money:
| Who brings the claim | What they can get |
|---|---|
| Private person, under the ADA | A court order to fix the site, plus attorney's fees and costs |
| Private person, under California's Unruh Act | At least $4,000 per offense, plus attorney's fees |
| Private person, under New York's Civil Rights Law | $100 to $500 per violation, and damages under the state Human Rights Law |
| US Department of Justice | Damages for the people affected, and civil penalties up to $118,225 for a first violation and $236,451 after that |
Settlement amounts aren't public in a way we could verify, so we don't quote them.
What if my business is outside the US?
If you sell to US customers, you can be sued in the US. Whether a court will hear the case depends on how much you target customers in that state, so ask a US lawyer about your situation. We didn't find a clear ruling on foreign online-only sellers. If you're an EU business selling in the US, you have two sets of rules: the European Accessibility Act at home and the ADA in the US. WCAG is the standard the EU relies on and the one the DOJ's guidance points to, so one round of fixes can serve both.
| EU: European Accessibility Act | US: ADA | |
|---|---|---|
| Who it covers | Certain services sold to consumers, like online shops and banking | Businesses open to the public |
| Small business exemption | Yes, micro-enterprises | No size exemption |
| Technical standard | WCAG, through the European standard | None for businesses. DOJ calls WCAG helpful guidance |
| Deadline | Applies since 28 June 2025 | None for businesses |
| Who enforces | National regulators, like the ACM in the Netherlands | Mostly private lawsuits, sometimes the DOJ |
What to do next
- Check whether you sell to people in the US, and in which states. New York, Florida, Illinois and California see the most claims.
- Find out where your site stands against WCAG level AA. That's the standard both the DOJ's guidance and the EU point to.
- Fix what stops people from buying or booking first, and keep a record of what you fixed and when.
- Publish an accessibility statement with a way for people to report problems.
- If you'd like an outside view of your key journeys, an accessibility review is one way to get it.
FAQ
Is there an ADA certification for websites?
No. The DOJ has said it doesn't approve products or designs as ADA compliant, and there's no official ADA badge for websites. Be careful with anyone who sells one.
Will an accessibility widget protect me?
No. Lawsuit trackers keep counting suits against sites that have one. In 2025 the FTC ordered one widget vendor to pay $1 million over claims that its tool could make any website compliant. See our guide on accessibility widgets.
Does the ADA apply to small businesses?
Title III has no exemption based on the number of staff, so a small shop can be sued like a large one.
What is WCAG?
The Web Content Accessibility Guidelines: the international accessibility standard published by the W3C. Level AA is the level that laws and rules usually refer to.
Sources
- Guidance on Web Accessibility and the ADA · US Department of Justice
- Fact Sheet: New Rule on the Accessibility of Web Content and Mobile Apps Provided by State and Local Governments · US Department of Justice
- Extension of Compliance Dates (Interim Final Rule, 20 April 2026) · Federal Register
- Notice of Withdrawal of Four Previously Announced Rulemaking Actions (2017) · Federal Register
- Robles v. Domino's Pizza, LLC (9th Cir. 2019) · US Court of Appeals for the Ninth Circuit
- Docket 18-1539 (Domino's Pizza v. Robles) · US Supreme Court
- Gil v. Winn-Dixie Stores (11th Cir., vacated 2021) · FindLaw
- 42 U.S.C. § 12188 (enforcement) · Cornell Legal Information Institute
- 28 CFR § 85.5 (civil penalty amounts) · Cornell Legal Information Institute
- California Civil Code § 52 · FindLaw
- New York Civil Rights Law § 40-D · New York State Senate
- Federal Court Website Accessibility Lawsuit Filings Bounce Back in 2025 · Seyfarth Shaw
- 2025 Year-End Digital Accessibility Lawsuit Report · UsableNet
- Federal judge in New York rules that an online-only website is not a place of public accommodation · Hinshaw & Culbertson
- DOJ technical assistance letter on ADA consultants and product approval (1993) · US Department of Justice
This guide explains the law in plain words. It isn't legal advice. We sell accessibility reviews, so we're not neutral, but every claim above links to its source.