ADA Website Lawsuits in 2025: Why eCommerce Retailers Are Hit Hardest
Summary
In 2025, nearly 70% of ADA website accessibility lawsuits targeted eCommerce businesses, particularly small online retailers under $25 million in annual revenue. Common accessibility issues like missing alt text, low color contrast, and inaccessible checkout flows continue to drive legal risk. By testing against WCAG 2.2 standards, publishing an ADA accessibility statement, and using Clym’s accessibility issue reporting tools, eCommerce businesses can proactively reduce risk and improve customer experience.
Accessibility lawsuits are climbing for online retailers. In 2025 alone, 2,019 ADA-related cases were filed by June, with nearly 70% aimed at eCommerce websites. These lawsuits don’t just create legal risk; they directly impact customer trust and sales. Retailers under $25 million in revenue account for most cases, highlighting how smaller businesses are especially exposed.
Why ADA lawsuits are rising for websites in 2025
- Complex purchase flows: From browsing to checkout, every step introduces possible barriers.
- High transaction value: Accessibility issues block purchases, increasing the chance of litigation.
- Consistent targeting: Monthly lawsuit reports show retail at the top.
Real numbers behind the risk
- 2,019 cases filed by mid-2025.
- 69% involve eCommerce businesses.
- 64% of defendants earn less than $25 million annually.
Small businesses, lacking internal accessibility teams, are frequently selected because settlements are faster and less costly than litigation.
Common accessibility failures that trigger litigation
Retail lawsuits most often cite:
- Product images missing descriptive alt text.
- Poor color contrast on calls-to-action.
- Unlabeled icons such as shopping carts or “add to cart” buttons.
- Checkout forms that fail screen reader validation.
- Product videos or live shopping without captions.
Common Barriers Across Retail Journey
Journey stage | Frequent accessibility issues | Litigation risk |
|---|---|---|
Product page | Missing alt text, poor contrast | Customers unable to identify products |
Cart | Unlabeled icons, keyboard traps | Users blocked from adding/removing items |
Checkout | Inaccessible forms, missing captions | Transactions fail, highest legal exposure |
The cost of inaction for eCommerce
- $5,000–$20,000 is the typical settlement range.
- Larger cases, such as Fashion Nova’s $5.15 million settlement, show how costs can escalate (ClassAction.org settlement news).
In addition to financial strain, companies must address code fixes, attorney fees, and reputational damage.
Run a free accessibility scan with Clym to see your accessibility score.
Settlement Cost Ranges
Business size | Typical settlement range | Notable case example |
|---|---|---|
Small retailers (<$25M) | $5,000 – $20,000 | Typical ADA website lawsuits |
Mid-size businesses | $20,000 – $100,000+ | Varies by scope and violations |
Large retailers | $1M+ (class actions) | Fashion Nova – $5.15M |
Why small businesses face outsized exposure
Smaller retailers often:
- Operate on template-driven platforms where updates reintroduce issues.
- Lack legal teams to challenge lawsuits.
- Choose settlement over litigation to save costs.
5 Proactive Steps eCommerce Sites Should Take to Reduce Risk of ADA Website Accessibility Lawsuits in 2025
1. Audit Key User Journeys with WCAG 2.2 Standards
Rather than broad testing, focus on the critical conversion flows:
Homepage → Product Page → Cart → Checkout → Confirmation
Use WCAG 2.2 success criteria for keyboard navigation, color contrast, focus indicators, and form labeling.
Pro Tip: Prioritize issues with Level A and AA failures first — these are most likely to be cited in lawsuits.
Recommended Tools:
WAVE
Google Lighthouse
Clym Scanner (for a full-site accessibility score and prioritized issue report)
2. Fix Accessibility Issues at the Code Level (Not Just with Overlays)
Many lawsuits target sites using accessibility overlays that fail to address the root HTML/CSS/ARIA issues.
Fix semantic markup for headings, landmarks, buttons, and links.
Ensure forms include
aria-labels,forattributes, and correct tab order.Review any dynamic content (e.g., modals, sliders, filters) for proper screen reader behavior.
Key Insight: Overlays do not meet the “effective communication” standard under the ADA; multiple court rulings have emphasized this.
3. Publish an Accessibility Statement and Contact Channel
A clear, visible Accessibility Statement helps:
Show good-faith effort and reduce the likelihood of a lawsuit.
Provide a way for users to report issues before resorting to litigation.
Your statement should include:
Compliance goals (e.g., WCAG 2.2 AA)
Technologies tested
Known limitations (transparency builds trust)
Contact method for accessibility issues
See how Clym’s Accessibility Widget and Accessibility Statement work.
4. Use Feedback Tools to Capture and Resolve Real-World Accessibility Barriers
Automated scans miss up to 70% of usability issues. Add real-time user feedback to your risk mitigation strategy:
Allow users to report problems directly via your accessibility widget.
Route reports to internal workflows or to a centralized system like Clym’s Accessibility Issue Reporting.
Prioritize actionable fixes (e.g., unclickable buttons, missing alt text, modals not closing via keyboard).
This not only limits legal exposure but also improves usability and conversion rates.
5. Retest Accessibility After Site Updates, Promotions, or Theme Changes
Retailers often introduce barriers during:
Holiday campaigns (new banners, timers)
Checkout plugin updates
Theme redesigns or A/B tests
Create a QA checklist that includes:
Retesting the checkout flow after every code or theme update
Verifying contrast and keyboard navigation in all seasonal popups or landing pages
Logging changes in a compliance documentation system
Automate quarterly full-site scans using Clym’s free accessibility scanner to catch regressions early.
How Clym can help eCommerce mitigate the risk of ADA accessibility lawsuits
Clym supports eCommerce businesses with:
- Accessibility issue reporting: helps businesses capture user feedback and prioritize fixes.
- Accessibility widget: provides customizable tools like text resizing and contrast adjustments.
- Centralized management: hosts accessibility statements and contacts in one place.
- Global reach: facilitates compliance with accessibility laws across multiple jurisdictions.
Conclusion
eCommerce faces unique challenges in ADA accessibility lawsuits due to complex transaction flows and rapid design updates. With most cases targeting small retailers, proactive monitoring and remediation are essential. Leveraging feedback tools, publishing accessibility statements, and using solutions like Clym’s reporting and widget features can help businesses reduce risk while supporting customers.
FAQs
Because shopping involves multiple steps where barriers directly block purchases.
Nearly 70% of ADA cases in 2025 were filed against online retailers.
Typical settlements range between $5,000 and $20,000. Some cases, like Fashion Nova, have exceeded $5 million.
Checkout forms, cart icons, product galleries, and color contrast on buttons.
No. Plaintiffs and courts require full code-level fixes, not cosmetic solutions.
By publishing accessibility statements, using customer reporting tools, and focusing on checkout-first fixes.
Clym provides accessibility issue reporting, an accessibility widget, and centralized tools to monitor and address risks.
Yes. Clym’s platform supports regulations in multiple jurisdictions, making it effective for international eCommerce.
Alex is a Content Developer at Clym, where he researches and writes about everything related to data privacy and web accessibility compliance for businesses, helping them stay informed on their compliance needs and spreading awareness about making the web safer and more inclusive. When he’s not writing about compliance, Alex has his nose in a book or is hiking in the great outdoors.
Find out more about Alex