When it comes to digital accessibility, the Americans with Disabilities Act (ADA) is enforced not only by regulators but also by the courts. And if you think lawsuits are only a risk for global giants, think again — e-commerce is a primary target for ADA litigation. Recent tracking shows e-commerce accounts for a majority of website cases.

Over almost 20 years, a series of lawsuits has shaped the meaning of ADA compliance for websites and apps. The lessons are clear: accessibility is a legal, commercial, and reputational necessity.

Here’s what every e-commerce leader should know.

A timeline of key ADA cases

2006: Target sets the precedent

The National Federation of the Blind sued Target over its inaccessible website. The case ended in a $6 million settlement and became the first high-profile example that websites fall under the ADA’s scope. (class settlement press release). What did we learn? Websites are treated like “public accommodations,” and courts will hold online retailers accountable under ADA Title III. Disability Rights Advocates

2011–2015: Education and media come under fire

Captioning lawsuits against Harvard and MIT (settlements approved in 2020) and the NAD v. Netflix case (2012) made it clear: the ADA applies to digital content, not just e-commerce. See the case pages for Harvard/MIT captioning settlements and a summary of NAD v. Netflix. What did we learn? Accessibility applies to all online services, from shopping to streaming. disabilitylawunited.org

2019: Domino’s Pizza fights and loses

A blind customer sued Domino’s after being unable to order via the website/app with a screen reader. The Ninth Circuitheld the ADA applies to websites and apps; the U.S. Supreme Court declined to hear Domino’s appeal, leaving that ruling in place. Read the Ninth Circuit opinion and the SCOTUS cert denial entry. What did we learn? You can’t delay action while waiting for “official” web regs; accessibility is required now. Ninth Circuit Court of Appeals.

2020–2023: Lawsuits surge

Industry tracking shows thousands of ADA digital lawsuits annually, with e-commerce dominating the mix; common issues include inaccessible checkout, missing alt text, and poor mobile compatibility. See the 2024/2025 summaries of lawsuit trends from UsableNet and others. blog.usablenet.com.

Notable examples frequently cited in filings and coverage include:

• Nike (screen-reader issues): sample class-action complaint (PDF). Class Action

• Five Guys (motion to dismiss denied): court order (PDF). Adatitle III

• Warby Parker: federal docket overview on CourtListener. CourtListener

• Beyoncé’s site (alt-text/screen-reader barriers): mainstream news coverage (ABC7 New York). ABC7 New York

What did we learn? Plaintiffs aren’t just targeting global brands; small and mid-sized retailers are frequent targets because their sites often have basic accessibility gaps. (See Seyfarth’s federal-court tracking for context.) Adatitle III

2024–2025: Overlays under attack

Lawsuits increasingly cite accessibility overlays (plugins that claim to “fix” accessibility) as barriers themselves. UsableNet’s mid-year 2025 report shows many suits against sites already using widgets, and advocates maintain overlays don’t remediate code-level problems. See the Overlay Fact Sheet and the UsableNet 2025 Mid-Year PDF. What did we learn? Quick fixes don’t work; true compliance requires code-level accessibility. overlayfactsheet.com

What these trends mean for retailers

1.     E-commerce remains in the spotlight. Online shopping is essential infrastructure, and DOJ guidance underscores the expectation that business websites be accessible. ADA.gov

2.     Once you’re sued, you draw continued scrutiny. Industry monitoring shows a meaningful share of filings involve repeat plaintiffs and repeat defendants — enforcement and private actions tend to cluster. (See trend notes in the 2025 mid-year report.) info.usablenet.com

3.     International retailers aren’t safe. If you sell to U.S. customers (USD pricing, shipping, marketing), you can face U.S. lawsuits. (General counsel advisories and case patterns reflect this exposure.) Seyfarth Shaw - Homepage

How to reduce your risk

·       Audit your site against WCAG. Start with WCAG 2.2 resources: the Quick Reference and the WCAG 2.2 spec. W3C

·       Fix barriers in the code, prioritizing checkout, forms, and media.

·       Avoid overlays; they may increase legal exposure rather than reduce it. See the Overlay Fact Sheet. overlayfactsheet.com

·       Make accessibility continuous using W3C’s planning guidance: Planning & Managing Web Accessibility. W3C

The bottom line

ADA lawsuits are a lasting trend. The businesses that succeed treat accessibility not just as legal hygiene but as a lever for trust, loyalty, and growth — and they align with modern standards and DOJ guidance. ADA.gov.