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12 Jan, 2024
Two developers discussing code on a computer screen, representing the importance of ADA compliance in web development.

What is Happening with ADA Legislation Now?

With more lawsuits and wider industry effects, the landscape of Americans with Disabilities Act (ADA) legislation in the US illustrates how the legal environment is changing. The number of cases concerning inaccessible websites has seen an uptick in volume and an increase in scope across jurisdictions, regions, and industries. This trend, which was especially noticeable in 2023, represents a rising understanding of adherence to ADA requirements in the digital sphere, affecting a wide range of businesses of different sizes.

ADA Legislation in the US Sees a Sharp Increase

There has been a noticeable increase in the number of federal ADA cases filed, particularly in states like Florida and New York. For instance, relevant federal lawsuits filed in Florida increased to 228 in the first half of 2023, exceeding the numbers from the previous year.

All Industries Have Been Impacted

As the need for web accessibility has increased, so has the need to rely on litigation to enforce existing regulations. The increasing engagement of plaintiffs’ law firms specializing in ADA lawsuits signals how important it is for companies to ensure that everyone can use their digital platforms- without exception. While the impacts of this increased litigation have been experienced across all industries, broadly areas like e-commerce, food service, and education have been the focus of much of the recent push.

Nearly 90% of all cases pertaining to digital accessibility target the e-commerce industry, which remains the industry leader. Second place goes to food service, especially in the state of Florida. And the education sector rounds out the top three, ranking third among industries targeted by ADA lawsuits.

Both Large and Small Companies Are Being Brought Into Compliance

In the first half of 2023, ADA lawsuits were filed against an impressive 13% of the top 500 e-commerce companies, marking an increase from the previous year. However, that means that 77% of ADA lawsuits during that same period were filed against smaller businesses, which are those with yearly revenue under $25 million. This means that lagging compliance has resulted in increased legal exposure for large and small retailers nationwide. It is crucial for companies of all sizes to prioritize and comply with digital accessibility standards to lessen litigation risks.

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