Design & UX

Website Accessibility: Why Small Businesses Get Sued, and What Actually Fixes It

Vandana Bharadwaj
Lead & UI/UX Specialist
· 30 min

Website accessibility lawsuits hit 3,117 in US federal courts in 2025. Most point at the same 6 fixable problems. Here is what the law asks and what actually fixes your site.

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For a lot of business owners, the first time they hear the words "website accessibility" is in a letter from a lawyer. The letter says a customer with a disability could not use the site, names the law it says you broke, and asks you to respond.

That letter is far from rare. According to the count kept by the law firm Seyfarth Shaw, plaintiffs filed 3,117 website accessibility lawsuits in US federal courts in 2025, up 27% from 2,452 the year before. That figure does not include cases filed in state courts, or the demand letters that never reach a courtroom at all.

The good news is that almost every one of those claims points at the same handful of fixable problems. Once you understand what the law asks, what actually blocks people on a website, and what a real fix looks like, you can deal with it properly instead of reacting in a panic.

3,117
Federal website accessibility lawsuits filed in 2025
27%
Rise in those filings over 2024
95.9%
Of the top 1 million home pages had detected failures
96%
Of those detected errors fall into just 6 types

The first 2 numbers come from Seyfarth Shaw's federal court count. The last 2 come from WebAIM's February 2026 scan of the home pages of the top 1 million websites. Put them together and the picture is clear: the problems are everywhere, and they are mostly the same problems.

What the Law Actually Asks of Your Website

The law behind most of these claims is the Americans with Disabilities Act. The part of it that covers businesses open to the public says you must not treat people with disabilities worse than everyone else, and that includes what you offer online.

Does that include your website? The US Justice Department says it does. Its web guidance, published in March 2022, states that the law's requirements apply to all the goods and services businesses offer, "including those offered on the web."

What the law does not give you is a checklist. The same guidance says businesses "have flexibility in how they comply," and that the department "does not have a regulation setting out detailed standards" for business websites. It points instead to existing technical standards as helpful guidance.

The Law, the Guidance, the Standard
3 Layers Decide What "Accessible Enough" Means for a US Business Website
The law sets the duty, the guidance explains it, and a technical standard gives you something concrete to test against.
The Law
The Disabilities Act
Businesses open to the public must not discriminate against people with disabilities. The Justice Department reads this as covering what those businesses offer on the web, from product pages to booking forms.
What it leaves out: which technical standard to meet.
The Guidance
Justice Department, March 2022
Businesses have flexibility in how they comply, but they must comply. It lists common barriers, like poor color contrast, missing image descriptions, missing video captions, and sites that cannot be used with a keyboard.
What it points to: the international accessibility guidelines, and the standards US federal agencies follow.
The Standard in Practice
The Guidelines, Level AA
Written in full, the Web Content Accessibility Guidelines, version 2.1, at the middle of its 3 levels. It is the level the Justice Department named in its own rule for state and local government websites. That rule does not cover private businesses, but it shows where the bar sits, and it is what most accessibility audits test against.
Aiming higher: version 2.2 includes everything in 2.1.
No Checklist in the Law, a Clear Target in Practice
The law never tells a business which standard to meet. In practice, version 2.1 at level AA is what the guidance, the government rules, and the audits all keep coming back to, which makes it the sensible target for your site.

Those guidelines come from the group that sets most of the web's core standards, and their full name is the Web Content Accessibility Guidelines. They come in 3 levels, and the middle one, called AA, is what most organizations aim for. The latest version is 2.2, and anything meeting it also meets the 2 versions before it.

Is every business covered in the same way? Not quite. Courts do not all agree on whether the law reaches businesses that exist only online.

Seyfarth Shaw notes that appeals courts covering California have concluded it does not, and California's federal courts saw only 4 new website accessibility lawsuits in 2025. Over the same period, New York's federal courts saw 1,021 and Florida's saw 961.

Where a Lawyer Comes In

This is general information about US rules, not legal advice. Whether and how this law applies to your website can depend on where you operate and whether you also have a physical location. If you have already received a demand letter, speak to a lawyer who handles these claims, usually called accessibility or disability access claims, before you reply.

For everyone else, the practical question is simpler than the legal one. Can a customer who uses a keyboard instead of a mouse, or software that reads the page aloud, actually find what they need on your site and complete what they came to do?

Your Website Works Fine, Until Someone Uses It Without a Mouse

Most business owners test their website the way they use it: on a screen, with a mouse or a thumb. By that test, the site works. Pages load, buttons click, the checkout goes through.

Now picture the same site used by someone who is blind and relies on a screen reader, software that reads each part of the page aloud and lets them move through it with the keyboard. What they get is only what the code tells the screen reader. If a button has no name in the code, the screen reader has nothing to say about it.

Same Product Page, 2 Experiences
What a Mouse User Sees vs What a Screen Reader Announces
An illustration of a typical product page. The exact words differ between screen readers, but the pattern is the same: controls with no names.
Top, With a Mouse
Product photo
A navy linen shirt
Size picker
S, M, L, XL
Cart icon
Add to cart
Pop-up
Join our list
Outcome: 3 clicks and the shirt is in the cart. Nothing looks broken.
Bottom, With a Screen Reader and a Keyboard
Product photo
"Image, IMG 4471"
Size picker
Skipped, cannot be reached by keyboard
Cart icon
"Button"
Pop-up
"Edit text", no way to close it
Outcome: the customer cannot tell what the product is, cannot pick a size, and gets stuck in a pop-up. They leave, or they call a lawyer.
The Page Looked Finished
Nothing in the top panel hints at a problem. Every failure in the bottom panel lives in the code: an image with no description, a button with no name, a control the keyboard cannot reach, and a pop-up with no way out.

That is why accessibility problems survive for so long. The people who build and approve the site rarely use it the way these customers do, so the gaps stay invisible to everyone who could fix them.

It is also why a demand letter can feel like it came out of nowhere. From your side, the site works. From the side of someone moving through it by keyboard and listening to each element, it may not work at all.

Can you check this yourself? Partly, in a few minutes. Put your mouse aside and try to reach every link, menu, and button on your home page using only the Tab and Enter keys. If you get stuck, lose track of where you are, or cannot close something, a keyboard user will too.

The 6 Failures Behind Almost Every Inaccessible Site

WebAIM, a nonprofit accessibility organization, scans the home pages of the top 1 million websites each year. In its February 2026 report, 95.9% of those home pages had detected failures against the accessibility guidelines, with an average of 56.1 errors per page.

The more useful finding is how repetitive those errors are. According to the same report, 96% of all the errors it detected fall into just 6 categories. Fix those 6 across your site and you have dealt with most of what an automated check will ever find.

Text Too Faint to Read, on 83.9% of Home Pages
Light gray text on white, white text on a pale photo, small print in a soft brand color. People with low vision or color blindness cannot read text without enough contrast, and neither can anyone reading a phone outdoors. The fix is choosing text and background colors with enough contrast between them, which the guidelines set a measurable minimum for.
Images With No Description, on 53.1%
An image needs a short text description in the code, called alt text, so a screen reader can say what it shows or what it does. Without it, a product photo becomes a file name and an image link becomes a mystery. Decorative images should be marked as decorative so they are skipped.
Form Fields With No Label, on 51%
A field that shows "Email" as faint placeholder text inside the box, with no real label attached, is announced as a blank text box. Contact forms, sign-ups, and checkouts are where this hurts most, because they are exactly where a customer is trying to reach you or pay you.
Links That Say Nothing, on 46.3%
A link made from an icon or an image with no text, like a social media logo or a clickable banner, is announced as "link" and nothing else. The customer has to click it just to find out where it goes. Every link needs text a screen reader can read, even when it is hidden from view.
Buttons That Say Nothing, on 30.6%
The magnifying glass that opens search, the cart icon, the arrow on a slider, the X that closes a pop-up. Visually obvious, but each is only "button" to a screen reader unless the code gives it a name. This is usually a small change in a shared template that fixes the problem on every page.
No Page Language Set, on 13.5%
Every page should declare its language in the code, so a screen reader reads it with the right pronunciation. It takes a single line to fix, which makes it the easiest item on this list and a quick signal of whether anyone has checked the site at all.

Notice what these 6 have in common. None of them needs a redesign. Each one is a detail in the code, and most live in shared templates like the header, the product page, or the form layout, so a single fix can clear the same error across hundreds of pages.

Does fixing these 6 make a site fully accessible? No. Automated checks are good at catching these patterns, but some problems only show up when a person tries a real task with a keyboard or a screen reader, like a menu that opens but cannot be closed, or a checkout step that loses the cursor. That is where manual testing comes in, and it is covered in the steps below.

Why an Accessibility Widget Will Not Get You Out of Trouble

Search for a quick fix and you will find accessibility widgets, sometimes called overlays. You add a line of code, a small icon appears on your site, and the product promises to make the site accessible or compliant automatically.

It is an appealing promise, because it asks nothing of your site's actual code. That is also the problem. A widget sits on top of the site. The unnamed buttons, missing labels, and keyboard traps underneath are usually still there.

The US Federal Trade Commission has already acted on claims like these. In April 2025, it approved a final order against accessiBe, a widget maker, that bars the company from claiming its automated products can make any website meet the accessibility guidelines, or keep meeting them over time, unless it has evidence to support that claim.

Widget vs Real Fix
A Widget Changes What Sits on the Page. A Real Fix Changes the Page.
A Widget Added on Top
What it changes. A toolbar the visitor can use to enlarge text, change colors, or pause motion.

Missing descriptions and labels. Guessed automatically, if at all, by software that does not know what your buttons do.

Keyboard problems. Menus and pop-ups that trap the keyboard usually stay exactly as they were.

Screen reader users. Many already use their own tools, which read your code, not the widget.

If you are challenged. You can show that you installed a product, not that your site works.
Fixes Made in the Site Itself
What it changes. The code every visitor and every assistive tool actually reads.

Missing descriptions and labels. Written by someone who knows what each image shows and each button does.

Keyboard problems. Fixed in the shared templates, so every page behaves the same way.

Screen reader users. Their own tools finally have real names and structure to read.

If you are challenged. You can show what was tested, what was fixed, and how you keep checking.
Evidence Beats a Badge
A widget can give you a badge to display. A real fix gives you a record of the work, and a site that customers with disabilities can actually use. Only the second answers the question a demand letter is really asking.

Is there any place for these tools? Some visitors like being able to enlarge text or switch colors, and there is nothing wrong with offering that. The mistake is treating a widget as the fix, and relying on it as your answer if someone says your site does not work for them.

That order concerned a single company, but the lesson carries across the whole category. No product added on top of a site can know what your images show, what your buttons do, or whether your checkout works by keyboard. Someone has to look at the site itself.

What Else Improves When Your Site Opens Up

It is easy to treat accessibility purely as legal protection. That undersells it. Most of the fixes that help customers with disabilities also make the site better for everyone else, and for the software that reads your site on their behalf.

Is accessibility only about people with disabilities? No. Good contrast helps anyone reading a phone in bright sunlight, and captions help anyone watching a video on mute in a waiting room. Clear labels and error messages help every customer finish a form on the first try, and a site that works by keyboard also works better for people who simply prefer it.

It also helps with search. Image descriptions, clear headings, named buttons, and a declared page language are exactly the structure search engines and AI assistants rely on to understand a page. A page that a screen reader can make sense of is usually a page that software can make sense of too.

If you want to see how your site reads to that software, run your site through the free AI search readiness checker. Many of the items it flags, like missing image descriptions and weak heading structure, overlap directly with the accessibility fixes above.

And then there are the customers themselves. Older buyers with fading eyesight, people with a temporary injury, customers with a disability who would happily buy from you if the site let them. Every one of them who gives up is a sale that went somewhere else.

How to Make Your Site Accessible, 1 Template at a Time

Fixing accessibility does not usually mean rebuilding your website. It means testing it the way real customers use it, fixing problems where they start, and keeping the site that way as it changes.

The order below works for most business websites, from a service company's 20 pages to an online store with thousands of products.

The Fix Order
5 Steps From "We Got a Letter" or "We Might" to a Site That Stays Accessible
1
Test the Pages Customers Actually Use
Home page, main product or service pages, contact and booking forms, and the full checkout. Run an automated checker on each, then try every one with only a keyboard.
2
Fix the Templates Before the Pages
The header, menu, footer, product layout, and form design are shared across the site. A fix there clears the same error everywhere at once, which is where most of the progress comes from.
3
Test Real Tasks With a Screen Reader
Find a product, choose an option, add it to the cart, and pay. Send a contact form. Book an appointment. If a task cannot be completed without looking at the screen, it is not fixed yet.
4
Publish an Accessibility Statement
A short page saying which standard you aim for, what you have done, and how a customer can reach you if something does not work. It gives people a route to you before they look for a lawyer.
5
Check Every Change Before It Goes Live
New pages, new plugins, new campaigns, and new features each get the same keyboard and screen reader check. Keep a simple record of what was tested and fixed each time.
Step 5 Is the One That Lasts
Steps 1 to 4 fix the site you have today. Step 5 keeps it fixed, because every new page and plugin is a fresh chance to bring the same 6 failures back.

Do you need to fix every page by hand? Rarely. On most sites, the bulk of the errors come from a small number of shared templates. Content editors then handle the rest as they go, like writing a description for each new image they upload.

Which pages come first? The ones where a customer is trying to do something: buy, book, sign up, or contact you. Those are the pages that matter most to the people locked out, and the pages a demand letter is most likely to describe.

Whoever does this work for you, whether it is your own team, your current web developer, or an outside specialist, the same 4 questions tell you quickly whether the job will be done properly.

Which Standard Will You Test Against?
The answer should name a version and a level: the Web Content Accessibility Guidelines, 2.1 or 2.2, at level AA. A vague promise to make the site "legally compliant", with no standard named, is a warning sign, because there is nothing concrete to check the work against.
Will a Person Test It, Not Just a Scanner?
Automated checks find the common patterns. A person using a keyboard and a screen reader finds whether a customer can actually complete a purchase or send a form. Good work includes both, and says clearly which tasks were tested.
Will You Fix the Templates or Patch Pages?
Patching page by page looks busy and leaves the source of the problem in place. Fixing the shared templates clears errors everywhere and stops new pages from repeating them. Ask where each fix will be made.
What Will I Have to Show for It?
You should end up with a report of what was tested, what was found, what was fixed, and what is still open, plus a plan for checking future changes. That record is what shows your effort is real if anyone ever questions it.

That last question matters more than it looks. In Jones v. Moscot.com, decided in the federal court for the Southern District of New York and reported by Seyfarth Shaw in April 2026, the business showed it had worked with an accessibility consultant, had an audit report, had fixed what the audit found, and had a plan for ongoing checks. The court dismissed the case as moot, and the plaintiff offered no evidence to the contrary.

Seyfarth Shaw notes that the dismissal was without prejudice, so the plaintiff could try again, and it does not guarantee the same result anywhere else. Its takeaway is still a useful one: businesses that invest in website accessibility are better placed to defend against copy-and-paste lawsuits.

Where the Legal Risk Does Not Fully Go Away

A properly fixed site puts you in a far stronger position. It does not make you untouchable. These are the areas worth keeping an eye on after the main work is done.

Tools You Embed but Do Not Control
Chat windows, booking calendars, payment pages, review widgets, embedded maps, and video players often come from other companies. To your customer, they are part of your site. Ask each vendor how their tool handles keyboards and screen readers, and prefer the ones that can answer clearly.
Every New Page and Every New Campaign
A new landing page with faint text, a banner image with no description, a pop-up with no close button. Accessibility slips back in through ordinary updates, which is why the check has to be part of how new content gets published, not a clean-up done once.
A Letter Can Still Arrive
Fixing your site does not stop someone from sending a letter. What it changes is your answer. A documented audit, a list of fixes, and a process for checking changes give your lawyer something concrete to work with, which a widget subscription never will.
Customers Outside the US
Other places have their own rules. The European Accessibility Act, for example, lists e-commerce among the services it covers, so a store selling to consumers in the EU has a separate set of requirements to check. An adviser in each market is the right person to confirm what applies.

What if you simply cannot fix everything at once? Few businesses can, and nobody expects perfection in a single pass. Start with the tasks that matter most, fix the templates, publish your statement with a real contact route, and keep a record as you go. Visible, steady progress is far better than a site nobody has looked at.

If you are planning a redesign anyway, that is the ideal moment to build accessibility in from the start. A guide to what actually matters in design and usability treats accessible design as a default rather than an extra, which is exactly where it belongs.

Frequently Asked Questions

Does the Americans with Disabilities Act apply to my business website?
The US Justice Department's guidance says the law applies to the goods and services that businesses open to the public offer on the web. Courts do not all agree on businesses that operate only online, and the answer can depend on where you are and whether you have a physical location. This is general information, not legal advice, so confirm your own position with a lawyer who handles accessibility claims.
What accessibility standard should my website meet?
The law does not name a technical standard for business websites. In practice, the usual target is the Web Content Accessibility Guidelines, version 2.1 at level AA. That is the level the Justice Department named in its rule for state and local government websites, and the level most audits test against. Version 2.2 is the latest, and anything meeting it also meets 2.1.
Will an accessibility widget or overlay make my site compliant?
Not on its own. A widget sits on top of your site, while most accessibility problems live in the code underneath, like images with no description, buttons with no name, and menus the keyboard cannot reach. In April 2025, the US Federal Trade Commission approved a final order barring 1 widget maker from claiming its automated products can make any website meet the accessibility guidelines without evidence to support it.
How do I check if my website is accessible?
Start with 2 quick checks. Run a free automated accessibility checker on your main pages, then put your mouse aside and try to use each page with only the Tab and Enter keys. For a full picture, someone should also complete real tasks, like buying or booking, with a screen reader, because some problems only appear during a real task.
What should I do if I get a legal letter about my website being inaccessible?
Do not ignore it, and do not rely on installing a widget as your answer. Take it to a lawyer who handles website accessibility claims before you reply. Alongside that, get your site properly tested and start fixing what is found, keeping a clear record of the work, because documented effort is what gives your lawyer something concrete to point to.
Do accessibility rules apply if I sell to customers in Europe?
They can. The European Accessibility Act lists e-commerce among the services it covers, so a store selling to consumers in the EU has its own requirements to meet, separate from the US rules. The details, including who is covered, are best confirmed with an adviser in the EU markets you sell to.
Can Entexis audit and fix our website for accessibility?
Yes. Accessibility is part of how we build every website, working to the accessibility guidelines at level AA, which covers keyboard navigation, screen reader support, and verified color contrast. For an existing site, we test the pages that matter most by hand and with automated checks, fix problems in the shared templates, and give you a clear record of what was tested and fixed. We are not a law firm, so on anything legal we work alongside your lawyer.

If your site is a product rather than a brochure, the design mistakes that quietly kill software products covers accessibility alongside the other quality bars users notice.

And to see where accessibility fits in the way we design and build, from the first wireframe to launch, visit how we work.

A demand letter tells you what one customer could not do on your site. The better move is finding that out first. Test your site the way these customers use it, fix the problems where they start, and you end up with a site that more people can use and a record that shows you took it seriously.

Worried a Lawyer's Letter About Your Website Is Coming?

At Entexis, we test and fix websites the way real customers use them: with a keyboard, with a screen reader, and against the accessibility guidelines at level AA. We fix problems in your shared templates so every page improves at once, and we give you a clear record of what was tested, fixed, and still open. If you want to know where your site stands before a letter tells you, let us walk you through a no-pressure discovery session. Start the conversation with Entexis.

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