ADA Compliance: A Rising Necessity as US Lawsuits remain High in the Second Half of 2024

As 2024 winds down, it’s time to take a step back and look at what’s been happening in the world of ADA compliance—or, in many cases, non-compliance.

Using monthly figures from UsableNet, which documents ADA-related lawsuits filed under the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act, at AAAnow.ai, we’ve analyzed trends from the latter half of the year. While UsableNet provides invaluable monthly data, our analysis draws together key observations to emphasize the importance of prioritizing accessibility.

Let’s dive into the numbers and see what they tell us about the current state of digital accessibility—and why it matters now more than ever.

A Steady Climb in Lawsuits

From July to November 2024, the number of ADA-related digital accessibility lawsuits rose significantly, increasing from 233 in July to 363 in November—a staggering 56% rise. August saw a sharp spike, with 317 lawsuits filed, and November recorded the highest total for the period. This surge signals growing legal scrutiny and heightened awareness of accessibility rights among consumers. For businesses, this is a clear wake-up call: the cost of non-compliance is only rising.

State-by-State Breakdown: New York Leads the Charge

New York: The Epicenter of Lawsuits

New York continues to lead the way with the highest number of ADA lawsuits, doubling its total from July (119 lawsuits) to November (249 lawsuits). The sharpest rise occurred between September (222 lawsuits) and November. This trend underscores not just the legal challenges businesses face in New York but also the pressing need for robust accessibility measures. If there’s one takeaway for companies operating in the Empire State, it’s this: compliance cannot wait.

California: Lower Numbers Yet Concerning

The state peaked at 34 lawsuits in August and September before decreasing to just 9 in October before rebounding to 28 lawsuits filed in November. While these numbers may seem smaller compared to New York, the financial and operational burden for businesses caught in these lawsuits remains significant.

Florida: Consistent but Troubling

Florida maintained steadier figures, with a peak of 84 lawsuits in October and a slight decline to 68 in November. While its numbers are not as dramatic as New York, Florida’s consistent contributions to the total signal an ongoing risk for businesses that fail to address accessibility requirements.

Across the US: No Company is Immune

In the second half of 2024, the "Others" category (lawsuits filed outside of California, New York, and Florida) shows a troubling trend. With a high of 42 lawsuits in September alone, businesses across the U.S. are increasingly vulnerable to ADA compliance lawsuits. This underscores the urgent need for organizations nationwide to prioritize digital accessibility and compliance, as no region appears immune to legal scrutiny.

Repeat Defendants: A Lingering Issue

In July, 102 defendants with previous ADA lawsuits reappeared in court—the highest number during this period. By August, that number dipped to 79, before settling around 96 in November. This highlights a persistent issue: many businesses fail to address compliance gaps even after legal action. The lesson? Accessibility isn’t a one-time fix; it’s an ongoing commitment. For these repeat offenders, failure to address accessibility risks continues to leave them vulnerable and out of pocket.

Widgets: A False Sense of Security

Third-party accessibility widgets have gained popularity as a quick-fix solution, but the data tells a different story. The number of lawsuits involving defendants using widgets rose steadily, peaking at 84 in September, and dipping only slightly to 71 in November. This data underscores a critical problem— widgets alone are often insufficient for true ADA compliance. Businesses relying solely on widgets or overlays are frequently finding themselves targets of lawsuits, proving that accessibility requires more comprehensive solutions.

The Bigger Picture: Why Compliance Matters

1.Rising Legal Risks: The consistent increase in lawsuits demonstrates that accessibility violations are not going unnoticed. As legal awareness grows, so too does the likelihood of facing litigation for non-compliance.

2.New York’s Warning: With its lawsuit numbers more than doubling, New York serves as a prime example of why businesses must proactively address accessibility. The state's strict legal environment means companies cannot afford to delay compliance measures.

3.Ineffectiveness of Quick Fixes: The persistent lawsuits against companies using widgets highlight the limitations of band-aid solutions. Accessibility requires a holistic approach—comprehensive audits, adherence to WCAG standards, the use of automation, and ongoing updates.

4.Protecting Brand Reputation: Beyond legal costs, failing to meet ADA standards can damage a company’s reputation, alienate customers, and hinder growth in an increasingly accessibility-conscious market.

Looking Ahead: Actionable Steps for Businesses

The statistics from the second half of 2024 paint a clear picture: digital accessibility compliance is not optional—it's a legal and moral imperative. As lawsuits continue to rise, businesses that fail to prioritize accessibility face mounting risks. However, for those willing to act, the rewards are significant: improved customer experiences, enhanced brand loyalty, and a future-proof position in an increasingly inclusive world. Take the first step on the journey and ensure 2025 is litigation-free, inclusive, and profitable!

Visit us today at https://aaatraq.com/check/ (opens in a new window) to receive an unbiased understanding of your website’s accessibility position and learn how to achieve ADA compliance while creating a more accessible future for everyone.

For further information, contact Laura Shilstone, Chief of Staff, at l.shilstone@aaanow.ai