Digital Accessibility: Both a Risk and an Opportunity for Your Firm

The ABA Business Law Today recently published an article, “Digital Accessibility under Title III of the ADA: Recent Developments and Risk Mitigation Best Practices.” It highlights how the legal and commercial landscape for digital accessibility is continuing to shift in both the United States and the European Union, with new obligations, rising litigation, and enforcement already underway.

Compliance is a Moving Target

In the U.S., ADA Title III litigation continues to climb. According to the ABA, nearly 8,800 ADA Title III lawsuits were filed in 2024, compared with about 8,200 in 2023, and a growing proportion involved digital accessibility. Courts remain split on whether Title III applies to online-only businesses, creating uncertainty that leaves companies exposed to costly claims, settlements, and reputational damage.

In Europe, the European Accessibility Act (EAA) has been in force since June 28, 2025. Unlike in the U.S., where the very question of coverage is still debated, the EAA is clear. Online services, including e-commerce platforms, are explicitly covered, with mandatory standards applying across all EU member states. The focus now is on how those standards will be measured and enforced at the national level. Enforcement has already begun. In France, advocacy groups have taken action against major retailers including Auchan, Carrefour, and E. Leclerc for failing to make online shopping services accessible.

The message on both sides of the Atlantic is clear: accessibility is no longer a one-off technical fix. It is an ongoing legal and reputational risk that needs structured, active, and continuous management.

Proactive Management is a Differentiator

For organizations, this means embedding accessibility into daily operations rather than relying on one-time projects. Continuous monitoring, regular reporting, and quickly addressing issues as they arise are now essential to stay compliant and avoid costly claims.

For law firms, this shift creates a clear opportunity. As ADA cases multiply and EAA enforcement accelerates, clients are looking to their legal advisors not just to defend them, but to help prevent problems before they even start. Firms that integrate accessibility risk assessments into retainers, produce co-branded sector audits, and partner with compliance programs like AAAtraq can deliver structured, ongoing solutions. This strengthens client relationships, creates predictable revenue, and positions firms as proactive partners in risk management.

The Wider Context: Accessibility as Strategy

The legal obligations are only part of the story. Inaccessible websites and digital services can lead to lawsuits and financial penalties. Ignoring accessibility also excludes users, damages brands, and leaves businesses behind. But if we flip the coin, accessibility is, and should be, a positive story. Accessibility strengthens reputation, builds customer trust, and supports inclusivity. Embracing it improves usability for all customers. Often, the same improvements that make a website accessible also make it faster, clearer, and easier to use for everyone. Accessibility also expands markets and demonstrates responsibility in a digital economy where inclusivity is increasingly expected. Brands that lead on accessibility are increasingly seen as more trustworthy and innovative, giving them a competitive edge.

Next Steps

At AAAtraq, we see accessibility as both a compliance obligation and a strategic opportunity. As the ABA article notes, effective compliance requires “comprehensive accessibility audits, ongoing monitoring rather than one-off fixes, and mitigation strategies tailored to each organisation’s operational reality.” A good starting point is to check where your website stands on accessibility. You can do this for free at www.AAAtraq.com/check. This tool provides a quick, independent snapshot that can highlight immediate risks and help you decide your priorities.

If you would like to discuss the results or explore support in more detail, please contact us at sales@aaatraq.com

Further Reading

For a deeper dive into the legal background and case trends, you can read the full ABA article here:

ABA Business Law Today, August 2025

Digital Accessibility under Title III of the ADA: Recent Developments and Risk Mitigation Best Practices

https://businesslawtoday.org/2025/08/digital-accessibility-under-title-iii-of-the-ada-recent-developments-and-risk-mitigation-best-practices/ (opens in a new window)