Digital accessibility lawsuits: How inaccessible content is costing major brands millions

Nike, Harvard, Amazon, Lego, Walmart, Netflix, Domino’s Pizza, and Target have faced lawsuits for insufficient digital accessibility on their websites in recent years. In 2023 alone, several companies paid totally over $100 million in settlements; this signals that web accessibility is no longer just a best practice — it’s a legal obligation.

In this article, we examine the common accessibility issues that lead to lawsuits and discuss how businesses can protect themselves from legal risks.

Some general stats to know

To understand the scope of digital accessibility lawsuits, here are some recent statistics:

1. In 2023, in the U.S. alone, 4,060 lawsuits were filed for digital accessibility violations.
2. 97% of these lawsuits targeted websites, not offline stores.
3. 77% were filed against organizations with an annual revenue of under US$25 million, dispelling the myth that only large enterprises face legal risks.
4. 97% of the lawsuits were settled before reaching trial.
5. The average settlement was around US$25,000.
6. 96.8% of existing websites failed to meet ADA compliance standards.
7. 99.97% of emails have accessibility issues, highlighting a critical area that is often overlooked.

Overview of current accessibility laws for digital compliance 

Several active laws require businesses to follow accessibility standards:

1. Americans with Disabilities Act (ADA)

Since 2018, the U.S. Department of Justice has required websites in U.S. territories to meet Americans with Disabilities Act standards, effectively making WCAG compliance mandatory for digital accessibility.

2. European Accessibility Act (EAA)

Released in 2018, the EAA outlines content accessibility requirements based on the WCAG, mandating that companies operating in the EU mandating have achieved compliance by 2022. Although enforcement currently lacks legal penalties, starting June 28, 2025, people with disabilities and impairments will be permitted to file lawsuits against companies whose websites have accessibility issues.

3. Accessible Canada Act (ACA)

Aligned with the WCAG, the Canadian Act requires organizations to ensure digital accessibility across every province, with fines up to US$250,000, depending on the severity of noncompliance.

4. Equality Act 2010

In the UK, the Equality Act 2010 mandates accessibility to websites and mobile apps, requiring all public and private service providers to ensure digital inclusivity for individuals with disabilities. Compliance with the WCAG is essential to meeting these standards.

Understanding regional accessibility laws is crucial for global brands. While most countries base requirements on WCAG standards, compliance levels vary from A to AA or AAA.

Major digital accessibility requirements for web content

According to the WCAG, four key principles ensure content accessibility:

• perceivable: Make content accessible to website users with visual impairments, color blindness, and hearing loss;
• operable: Ensure navigation is accessible via keyboard and other input methods, not just a mouse;
• understandable: Provide clear, predictable, and straightforward content to support users with cognitive and sensory impairments, such as those with dyslexia; and
• robust: Ensure content is compatible with current and future technologies, including screen readers and assistive devices.

You can find all requirements and guidelines in detail on the official WCAG website.

Key types of content to optimize accessibility

Let’s review the types of content that need accessibility optimization, as accessibility also applies to mediums other than websites:

• websites, including checkouts
• videos
• audio files
• on-site pop-ups
• mobile apps
• PDFs and attachments
• forms
• emails

Each content type has unique accessibility requirements. You can find more details on the WCAG website.

You might also like

Email accessibility guidelines: Standards and best practices

Common causes of digital accessibility lawsuits

Below are some of the most common digital accessibility issues (with real-world examples) that have led to lawsuits:

1. Missing alt text for images: Alt text enables screen readers to describe images for visually impaired users. Related lawsuits: Domino’s Pizza, Walmart, and Amazon were sued for omitting alt text on their sites.
2. Improper link labeling: Descriptive links clarify web destinations for users, especially those using screen readers. Related lawsuit: Walmart faced legal action over vague link descriptions.
3. Missing video captions and audio descriptions: Captions aid deaf and hard-of-hearing users, while audio descriptions narrate visuals for the blind. Related lawsuit: Netflix was sued for lacking captions.
4. Missing audio subtitles: Audio without a transcript excludes deaf or hard-of-hearing users. Related lawsuit: Harvard settled a lawsuit of over $1.5 million for missing captions.
5. Incompatibility with assistive technologies: Compatibility with tools, such as screen readers, is essential for accessibility. Related lawsuit: Winn-Dixie was sued for screen-reader incompatibility.
6. Inadequate keyboard navigation: Many users rely on keyboards alone, making mouse-dependent elements a barrier. Related lawsuit: Parkwood Entertainment (Beyoncé’s company) faced a lawsuit due to keyboard navigation issues.
7. Poor color contrast: Low-contrast text is hard for users with visual impairments to read. Related lawsuit: Nike was sued over poor color contrast, affecting readability.

Where should you start to make your digital content accessible?

Basically, if your content meets WCAG guidelines and requirements, you’re safe to say that your content is optimized.

To ensure that your content meets WCAG standards:

1. Audit your website/email/app: Use an accessibility tool, or consider hiring an agency for this task.
2. Fix accessibility issues: Address errors directly or via a professional; however, avoid relying solely on overlays and accessibility widgets, as they often underperform. Notably, 30% of lawsuits have involved sites that use overlays; in 2023, lawsuits against sites with accessibility widgets increased by 62% from the previous year.
3. Reaudit and adjust: Run another audit to verify improvements and make any necessary fixes.
4. Run real-life tests: Invite users with disabilities to test your website, and conduct your own checks using assistive tools, such as a screen reader or keyboard-only navigation.
5. Maintain accessibility standards: Regularly update and monitor your content to keep it accessible.

This process will help you stay aligned with WCAG guidelines and maintain accessibility compliance. 

You might also like

Why digital accessibility is important and how to get started on it

Wrapping up

Ensuring digital accessibility isn’t just about compliance; it’s a commitment to inclusivity that can benefits people with disabilities. Beyond this positive impact, cases involving entities such as Netflix, Walmart, and Harvard illustrate that even minor accessibility gaps can lead to a costly lawsuit.

Align your digital content with WCAG standards to protect your brand from potential litigation and to improve everyone’s online experiences.