Three separate distributors have confirmed to PPAI Media in 2025 that they have been named in lawsuits alleging that one or more of their websites do not meet proper compliance of the American Disabilities Act (ADA).

  • An attorney for one of the distributors described the characterized the plaintiff’s lawsuits as aggressive interpretations of the law.
  • Still, at least two distributors agreed to pay five-figure settlements rather than dedicate the time and costs associated with defending their cause in court.
  • One distributor told PPAI Media that, according to an attorney, the plaintiff had filed eight nearly identical lawsuits in the same day.


One distributor told PPAI Media, “We ended up settling for $11,000, not including attorney’s fees. Even though we disputed the claims and the harm, the cost and time to defend this in New York with the outcome uncertain made settlement a purely financial decision.”

Realistically, many businesses – particularly small businesses – are likely vulnerable to similar lawsuits. Amendments to the ADA this century aim to ensure that websites, having become a ubiquitous place of commerce, should be accessible to people with disabilities the same way a physical location should be accessible. In many cases, this means implementing accommodations for people with visual impairments.

  • Court battles with high profile corporations resulted in victory for plaintiffs such as the National Federation of the Blind, alleging the defendants’ websites were discriminatory.
  • Over time, this created a road map for small businesses to be targeted with similar suits by law firms representing individuals with disabilities.


“Lawyers have latched onto this because they know there’s court precedent out there,” says Peter Jewett, CEO of Accessible Web, which consults businesses on accessibility issues with their websites. “They know they can sue, and if it goes to court, which is expensive, you’re almost certainly going to lose.”

ADA compliance is a critical consideration for businesses and should be approached thoughtfully. In addition to potential legal risks, companies should exercise care when selecting services that claim to assist with website accessibility. Some offerings may not fully meet recognized compliance standards in practice, leaving businesses vulnerable despite their good-faith efforts.

It is important to note that the law does exist to ensure fair practices. Making your website accessible for all is worthy, independent of theoretical lawsuits.

Jewett says, “Twenty percent of people have disabilities. Doing an accessibility audit and upgrades helps your SEO. It helps your site’s useability. A lot of people are under the false impression that nobody with a disability uses their website.”

Why Are These Lawsuits Happening?

Title III of the ADA states that people with disabilities have the right to access your goods and services. There are a number of steps that can be taken to make a website accessible to people with different forms of disabilities. However, it is often rare for a website to be 100% accessible.

Jewett confirmed that, in his experience, there are law firms that operate like what he considers “farms” searching for businesses likely to agree to a financial settlement rather than go through the trouble of going to court.

What’s more, after these companies commit unbudgeted money toward a settlement, if they do not address the issue in question, they leave themselves vulnerable to be sued again.

“The challenge is just that you get in this cycle where all the money is going to the lawyers,” Jewett says. “So, you’re aggravated, you think this whole thing is a scam. And by the time you’ve paid everyone, there’s no money left to actually do the fixes.”

  • The ADA lawsuits targeting distributors who spoke to PPAI Media were all filed in New York state, which allows the plaintiffs to sue for damages in addition to legal fees, creating an even greater risk for a business opting to take the case to court.
  • Recently, the Department of Justice reduced ADA compliance guidelines, acting on an executive order by President Donald Trump, but website accessibility is not clearly stated as one of the removed guidelines.

Beware of ‘Overlays’

Complex regulatory environments can sometimes give rise to additional challenges. One distributor who spoke with PPAI Media reported having implemented a website accessibility tool, commonly referred to as an “overlay,” prior to receiving notice of the lawsuit. While overlays are marketed as quick solutions, industry experts caution that they may not always ensure full compliance with established accessibility standards.

  • In some cases, an overlay is an often-low-cost service that implies it is improving a business website’s accessibility (sometimes by implementing a toolbar) but is not actually making the site reasonably ADA compliant, leaving it vulnerable.
  • Jewett went as far as to refer to them as “nearly snake oil.”

Member companies can reference this Overlay Fact Sheet already signed by nearly 1,000 accessibility experts or persons with disabilities. Among other helpful information, the fact sheet provides a list of examples of overlays.

Jewett speculates that certain overlays do more than just leave a business vulnerable. Some might actually put a target on the businesses that use them, as law firms could see those businesses as easy cases.

“I think they probably have software that crawls the web and looks for the overlay script,” Jewett says.

How Should You Protect Yourself?

Even if you believe 100% accessibility is out of reach for your website, considering it not even worth the effort is perhaps the most likely way to leave your business exposed to a lawsuit.

  • The most common reference for ADA compliance is the Web Content Accessibility Guidelines which is a technical standard maintained by the World Wide Web Consortium.
  • More specifically, WCAG 2.2 AA is considered conforming to ADA standards.

PPAI member companies are encouraged to consult with The A11Y Project’s WCAG compliance checklist. Companies should work toward implementing practices such as alt text for images on their websites. An accessibility page with details on measures taken and a commitment to accessibility is encouraged, similar to the “Privacy Policy” page on many websites.

  • Companies are also encouraged to diligently document the improvements they make to their website’s accessibility, which might be prudent in the case of a lawsuit.

Jewett, who offers services concerning website accessibility, admits that seeking consultation can seem complicated given the circumstances.

“The best thing to do is get ahead of it with a reputable company,” Jewett says. “Take the steps to do it the right way, which can be confusing because the overlay is saying ‘we’re the right way.’

“The thing that you don’t want to do is drag things on, because they can sue for legal fees.”

Jewett says, “[These lawsuits] delude the real reason that we’re trying to do this is to make great experiences for people with disabilities.”