E-commerce, overwhelmingly
About 70% of 2025 digital accessibility suits targeted e-commerce and retail. If you sell online in the US, you are in the group being filed against.
Website accessibility litigation in the United States is not a risk on the horizon. It is a routine, high-volume industry: 3,117 suits in federal court in 2025, up 27% on the year before, and about 70% of them aimed at e-commerce and retail. This finds out where you stand before a demand letter does.
About 70% of 2025 digital accessibility suits targeted e-commerce and retail. If you sell online in the US, you are in the group being filed against.
The filings are volume work. A business does not need to be famous to receive a demand letter; it needs a website with findable failures.
In the first quarter of 2026 the top ten plaintiff firms accounted for 82.55% of all website filings. This is a process, and processes look for the easiest targets.
Florida led the country in early 2026. Where your customers are matters as much as where you are.
Federal website filings rose 27% from 2024 to 2025, and 401 new suits were filed in July 2026 alone.
Sites are identified by automated scanning for the same handful of failures. Those are exactly the failures this audit measures.
Website accessibility claims in the United States are brought under the Americans with Disabilities Act, and although the ADA itself does not name a technical standard for websites, courts and settlements have converged on WCAG as the yardstick. That is the standard measured here.
What matters practically is that most filings begin with automated scanning. Nobody browses the web looking for inaccessible sites; software finds the same short list of machine-detectable failures at scale, and a letter follows. Fixing that short list removes you from the easiest tier of target.
Three of those are in the free tool on this site and you can run them right now, on any public page, without paying or leaving an email.
The plug-in promising instant ADA compliance from one line of JavaScript does not deliver it. Disabled users report widely that overlays make browsing worse, and sites running them have still been sued. If you have one installed, the audit will tell you what it is actually doing rather than what the vendor says it does.
Demonstrating that you identified problems and acted on them is a materially different position from having no record at all. That document is worth far more before anything happens than after.
There is a great deal of confident and wrong writing about the FTC's "click to cancel" rule, so here is what actually happened. The rule was finalised, and then the Eighth Circuit vacated it in 2025 on procedural grounds. The FTC has since revived the rulemaking, submitting a draft advance notice on 30 January 2026.
Neither "it is the law" nor "it was struck down so it does not matter" is true. The FTC continues to act against deceptive subscription practices under Section 5 of the FTC Act, and around 30 states have their own automatic-renewal statutes, some of them stricter than the vacated federal rule. If your business renews automatically, the requirements have not gone away; they have moved.
The design questions are the same either way: is what the customer is agreeing to clearly disclosed before they agree, and is cancelling as straightforward as subscribing was. Both are measurable, and both are behaviour questions rather than legal ones.
| Position | |
|---|---|
| A lawyer | No. This is measurement against a technical standard. For anything with real exposure you want both, and having the measurement makes the legal advice cheaper |
| A certification body | No such thing exists for the ADA. Anybody selling you a compliance badge is selling you their own paperwork |
| An overlay vendor | No, and I will tell you if yours is making things worse |
| A guarantee against being sued | Nobody can offer that. What is offerable is a site without the failures scanners look for, and a record showing you acted |
Because passing a checker and being usable are different things, and only one of them is a software question. A page can technically satisfy a standard and still be impossible to complete. Judging that is a behavioural question, and it is the same discipline that decides whether anybody buys anything on the page at all.
Which is the other reason to do this work: almost every accessibility failure is also a conversion failure. Low contrast loses the customer reading outdoors. A keyboard trap loses the customer in a hurry. Fixing accessibility properly is one of the very few compliance jobs that pays for itself.
Three of the failures automated scanning looks for — contrast, missing image descriptions and broken heading structure — are in the free tool. Run it on your own site now.
Run the free audit toolContracted through Shahzeb Speaks LLC, Denver, Colorado. Fixed price, fixed scope, invoiced in dollars.
$499 /site
Where you stand, in writing
$999 /site
Both US exposures in one piece of work
$1,999 /project
Measured, repaired, re-measured
The ADA does not name a web standard in its text, which is why this is argued about. In practice courts and settlements have converged on WCAG as the yardstick, and the volume of filings means the practical answer for a US business selling online is yes. I am not a lawyer and this is not legal advice.
The filings are volume work identified by automated scanning, and about 70% of them target e-commerce and retail rather than large famous brands. Being small is not protection; having no findable failures is.
No. Overlays do not fix labels, structure or keyboard order, disabled users widely report they make things worse, and sites using them have still been sued. If you have one, the audit will tell you what it is really doing.
No — the Eighth Circuit vacated it in 2025 on procedural grounds. But the FTC revived the rulemaking on 30 January 2026, it continues to enforce under Section 5, and around 30 states have their own automatic-renewal laws. The obligations moved rather than disappeared.
No, and nobody can. What is offerable is a site without the failures scanners look for and a dated record showing you identified and fixed them, which is a materially better position than having neither.
Yes. Work is contracted through Shahzeb Speaks LLC, registered in Denver, Colorado, and invoiced in dollars.
Measured against the standard, ranked by who it affects, written down with a date on it.
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