Are Web Accessibility Lawsuits a “Money Grab?”

In January 2025, more than 400 web accessibility lawsuits were filed under the Americans with Disabilities Act (ADA) — and as the Milwaukee Journal Sentinel reports, a small number of plaintiffs are responsible for the majority of those cases. 

The Journal Sentinel highlights one plaintiff in particular. Melissa McCabe, who is blind, has filed more than 30 lawsuits since 2023, including several against Milwaukee-area businesses. And in a recent Seyfarth analysis, one law firm was found to be responsible for an astounding 2,598 federal ADA Title III lawsuits in 2024. 

Those types of statistics prompts an obvious question: Are ADA Title III lawsuits motivated by profit, or do they represent a sincere dedication to a more accessible business landscape?

The ADA does not allow plaintiffs to sue for monetary damages, but lawsuits can still be profitable

It’s worth noting that the ADA is specifically written to prevent frivolous lawsuits. Any person with a disability has a right to file a lawsuit and obtain a court order to stop ADA violations, but individual plaintiffs are not permitted to collect monetary damages at the federal level.

Still, state laws may allow for monetary damages. California’s Unruh Civil Rights Act allows for damages of up to $4,000 per offense. New York also has a favorable legal framework for plaintiffs: In 2022, about 70% of federal digital accessibility lawsuits were filed in the Empire State.

For businesses, there are several key points to consider:

• Businesses can be sued for ADA violations, regardless of where they’re physically located. Under the Unruh Act, for example, any business that offers products or services to California customers may face litigation.
• Businesses can face multiple lawsuits at once. Plaintiffs don’t need to wait for litigation to conclude before filing new lawsuits.
• The vast majority of ADA web accessibility lawsuits end in settlements. But even when businesses successfully defend themselves in court, the costs can be substantial. In most cases, courts will not compel plaintiffs to pay the defendant’s legal expenses.

Those factors have made ADA lawsuits profitable for some plaintiffs — and their law firms. In Accessibility.com’s 2023 recap of web accessibility lawsuits, about 69% of all suits were filed by five law firms. 

However, this does not mean that those lawsuits were without merit. The vast majority of websites have serious accessibility barriers that impact users with disabilities; lawsuits are one of the only tools that the disability community can use to fight for a more equitable internet. 

In most ADA lawsuits, the plaintiff’s motivations are irrelevant

While some lawsuits may be profit-driven, businesses ultimately have a legal and ethical responsibility to provide inclusive content. They’ve also got strong business reasons to take that step: Inclusive web content attracts more users, performs better in search engine rankings, and provides a more intuitive experience for all customers. 

Fortunately, there’s a rulebook for accessible design: The Web Content Accessibility Guidelines (WCAG) are the standard for compliance with the ADA, Section 508 of the Rehabilitation Act, the Accessibility for Ontarians with Disabilities Act (AODA), and dozens of international non-discrimination laws. 

Here’s a roadmap for building an ADA digital compliance strategy:

• Learn about the basics. WCAG’s “POUR" principles provide an excellent starting point for building an accessible mindset.
• Test your website against WCAG standards. AudioEye’s free website accessibility checker can test for many common WCAG violations and provide a basis for remediations. 
• Create a strategy for regular testing. AudioEye tests content with each new visitor and resolves many issues automatically. Your strategy should also include regular manual testing performed by people with disabilities. Read about BOIA’s fourt-point hybrid approach to accessibility testing. 
• Develop an accessibility policy. A formal accessibility policy demonstrates your organization's commitment to digital inclusion. This policy should outline your goals, the standards you adhere to (WCAG), and the processes you have in place for achieving and maintaining accessibility. 

Building an accessible digital presence isn't just about avoiding legal risk; it's about expanding your reach and creating a more inclusive experience for everyone.

Whether you're proactively addressing accessibility or responding to a specific concern, the Bureau of Internet Accessibility can help. Send us a message to connect with an expert or get started with a free automated accessibility scan from AudioEye.