The new wave of ADA lawsuits hitting online stores

If you’re a Shopify merchant in the U.S., there’s a growing legal risk you can’t afford to ignore - accessibility lawsuits filed under the Americans with Disabilities Act (ADA).

Thousands of small business owners have been sued for websites that allegedly fail to meet accessibility requirements. Most never get a warning - there’s no "notice and cure" period to fix the problem before litigation begins.

The ADA was built to promote inclusion. In recent months, some law firms have weaponized it, targeting small merchants with vague claims about missing alt text, poor color contrast, or inaccessible menus - all for settlement revenue.

The worst part? In many cases, the money doesn’t go toward making websites more accessible but just funds the lawsuit cycle.

TL;DR

• ADA-based accessibility lawsuits against small online businesses are rising fast in the U.S.
  
• Many Shopify merchants are being sued with no warning - often just to extract quick settlements.
  
• There’s still no unified federal web standard or "grace period" to fix accessibility issues before legal action.
  
• Merchants can protect themselves by running accessibility audits, implementing WCAG 2.2 best practices, and maintaining strong compliance documentation.

The Shopify merchant perspective

Shopify store owners are particularly exposed. Most stores use ready-made themes and third-party apps that don’t always meet WCAG 2.2 accessibility standards. Even a single plugin or embedded script can cause issues - and merchants often don’t realize it until it’s too late.

"We got no warning. The letter arrived out of nowhere. The settlement was cheaper than going to court - but it wiped out our ad budget."

This kind of story is now common, especially in California, New York, and Florida, where most ADA website lawsuits are filed.

Why this is happening

1. No universal web standard.
   The ADA doesn’t specify what "accessible" means online. Courts often use WCAG 2.2 AA as a benchmark, but it’s not officially law.
   
   
2. No remediation period.
   Businesses can be sued instantly, with no chance to address the issue first.
   
   
3. High-volume plaintiffs.
   More than 80 % of cases are filed by the same handful of plaintiffs or law firms.
   
   
4. Small businesses as soft targets.
   Independent Shopify stores rarely have in-house legal or compliance teams, making settlements easier.

Accessibility laws timeline: U.S. vs Europe

To understand the urgency, it’s worth noting when accessibility laws officially took effect on both sides of the Atlantic.

In the United States, the Americans with Disabilities Act (ADA) was originally signed into law on July 26, 1990, creating a nationwide framework to prevent discrimination against people with disabilities.

More recently, the U.S. Department of Justice (DOJ) published a new final rule on web and mobile accessibility under Title II of the ADA on April 24, 2024.

While this specific rule applies to public entities, it signals a clear direction for broader enforcement that will also affect private businesses in the near future.

• Large public entities (population over 50,000) must comply by April 24, 2026.
  
• Smaller public entities have until April 26, 2027 to meet the new web accessibility standards.
  

In the European Union, the European Accessibility Act (EAA) (Directive 2019/882) was adopted in 2019, with Member States required to transpose it by June 28, 2022.

The Act becomes fully enforceable on June 28, 2025, requiring e-commerce websites, apps, and digital services operating in the EU to meet accessibility standards aligned with WCAG 2.2.

For Shopify merchants, these dates mark the transition from optional to essential - accessibility is no longer a “nice to have,” but a compliance requirement tied directly to both user experience and legal protection.

The emotional and financial cost

For small entrepreneurs, these lawsuits are a drain on both resources and morale.

Instead of investing in stock, marketing, or staff, they’re forced to pay settlements or rush accessibility fixes under stress. Some even stop updating their sites altogether, fearing that any change could trigger another lawsuit.

That’s not progress - that’s punishment.

What true accessibility means

Accessibility is not just a legal checkbox - it’s good business.

When your Shopify store follows WCAG 2.2 AA principles, you make it easier for everyone to use your site - not just users with disabilities.

Here’s what it covers:

✅ Clear, descriptive alt text on all images

✅ Strong color contrast for text and buttons

✅ Keyboard navigation for all interactive elements

✅ Screen-reader compatibility for product pages and checkout flows

✅ Error messages and labels that are understandable and easy to fix

Better accessibility means fewer drop-offs, better UX, and a more inclusive brand.

How merchants can take back control

Here’s how Shopify merchants can protect themselves and their customers:

1. Run an accessibility audit.
   Use automated checkers and manual reviews to find problem areas (especially on checkout and mobile).
   
   
2. Fix quick-impact issues.
   Add missing alt text, fix color contrast, test navigation with only a keyboard, and ensure headings follow logical order.
   
   
3. Document your efforts.
   Keep records of audits, updates, and code fixes. If you ever face a claim, proof of good-faith improvement goes a long way.
   
   
4. Make accessibility part of every update.
   Treat it like SEO or security - built into every new feature, theme change, or marketing campaign.
   
   
5. Enable an accessibility widget.
   Many Shopify merchants are starting to adopt accessibility widgets to give users easier control over text size, contrast, and navigation. These small tools can make a big difference in usability - and in the near future, they’ll become a standard part of compliance across modern stores.

The bigger picture: from fear to progress

There’s growing support for "notice and cure" legislation, which would give small businesses time to fix accessibility issues before facing lawsuits. But until that becomes law, merchants can’t rely on it.

The reality is clear: accessibility isn’t optional anymore - and it’s worth the effort.

At Consentmo, we believe compliance and growth go hand in hand.

Accessibility is the next natural step in the privacy-first journey we help merchants build - one based on trust, transparency, and user respect.

Conclusion

By acting now, Shopify merchants can:

✅ Reduce legal exposure
✅ Improve store usability
✅ Strengthen brand trust
✅ Show customers they care about inclusion
✅ Open their stores to a wider audience

More than 107 million people in the EU and over 60 million in the U.S. live with some form of disability, representing an enormous and often overlooked customer base

Shopify merchants who lead with compliance and empathy build stronger relationships, more loyal customers, and more sustainable businesses.

At Consentmo, we’ll keep helping merchants stay one step ahead of evolving laws - turning compliance from a challenge into a competitive advantage.