Accessibility compliance is now a legal priority for businesses in 2025. With lawsuits expected to rise by 20% this year and new regulations like the DOJ’s ADA Title II rule and the European Accessibility Act (EAA) coming into effect, organizations face increasing pressure to meet digital accessibility standards. Non-compliance can lead to costly lawsuits, financial penalties, and reputational harm.
Here’s what you need to know:
- Key Standards: WCAG 2.1 AA is the baseline for compliance in the U.S., while WCAG 2.2 and EN 301 549 are gaining traction globally.
- Legal Risks: ADA lawsuits are surging, particularly in New York and California, with state laws allowing monetary damages.
- Common Issues: Missing alt text, poor keyboard navigation, and inaccessible forms are frequent violations.
- Upcoming Deadlines: ADA Title II compliance for state and local governments is required by 2026/2027.
- International Impact: The EAA, effective June 28, 2025, will enforce accessibility for U.S. businesses serving EU customers.
To stay compliant, businesses must integrate accessibility into design, conduct regular audits, document efforts, and protect accessible content from misuse. Tools like ScoreDetect can assist in compliance and safeguarding digital assets. Accessibility is no longer optional – it’s a legal and operational necessity for 2025 and beyond.
Top 3 Digital Accessibility Trends for 2025: AI, ADA Title II, and More
Legal Framework for Digital Accessibility in the United States
In the United States, digital accessibility is governed by a combination of federal and state laws. The primary federal laws include the Americans with Disabilities Act (ADA) and Section 508 of the Rehabilitation Act, while state-level civil rights laws add further requirements. Together, these laws outline the responsibilities for ensuring that websites, mobile apps, and digital documents are accessible to the public. Below, we take a closer look at the key federal laws shaping this framework.
Federal Accessibility Laws
The Americans with Disabilities Act (ADA) serves as the cornerstone of accessibility law in the U.S., with two key sections that impact digital platforms:
- Title II: Covers state and local governments, including public schools, universities, transit systems, and municipal services.
- Title III: Applies to private businesses considered "places of public accommodation", such as retailers, restaurants, banks, healthcare providers, and other consumer-facing entities with public websites or apps.
Although the ADA does not specifically mention websites or set technical standards like WCAG (Web Content Accessibility Guidelines), courts and the Department of Justice (DOJ) have interpreted it to include digital platforms. WCAG 2.0/2.1 Level AA has become the unofficial standard for compliance. The DOJ reinforced this interpretation in its March 18, 2022, guidance on web accessibility, highlighting that even web-only businesses could fall under ADA Title III. This guidance signals stronger enforcement efforts and supports private lawsuits.
Section 508 of the Rehabilitation Act focuses on federal agencies, requiring their digital tools – such as websites, software, and portals – to meet accessibility standards aligned with WCAG 2.0/2.1 Level AA. While Section 508 does not directly regulate private companies, vendors working with federal agencies must demonstrate accessibility compliance through Voluntary Product Accessibility Templates (VPATs) or Accessibility Conformance Reports (ACRs). These documents, especially VPAT 2.5 or later versions, are often required during procurement to confirm that products meet accessibility standards.
At the state level, additional regulations build on these federal laws, introducing unique requirements and penalties.
State-Level Accessibility Regulations
State laws are increasingly being used to enforce digital accessibility, often allowing for monetary damages that federal ADA claims do not provide. Key examples include California’s Unruh Civil Rights Act, New York State Human Rights Law, and Colorado’s HB-21-1110.
In California, courts have interpreted the Unruh Act to apply to websites offering goods or services to California residents. This interpretation allows plaintiffs to seek statutory damages for each violation, significantly raising the financial risks for businesses – even those based outside the state – if their digital platforms serve California users.
In New York, plaintiffs are shifting from federal to state courts, filing claims under the New York State Human Rights Law. These state-level cases often result in broader interpretations of discrimination and allow for damages and attorneys’ fees, making New York a hotbed for digital accessibility lawsuits.
Colorado’s HB-21-1110 requires state and local government websites and digital assets to meet accessibility standards. Experts predict that similar laws will emerge in other states by the end of 2025, creating a patchwork of state-specific regulations that businesses must navigate.
2025 Legal Developments
One of the most significant developments in 2025 is the DOJ’s April 2024 final rule for ADA Title II compliance. This rule mandates that state and local governments ensure their digital platforms, including websites, mobile apps, and documents, meet WCAG 2.1 AA standards. Deadlines for compliance are set for April 2026 for larger entities (serving 50,000 or more people) and 2027 for smaller jurisdictions. This marks the first binding federal regulation with clear technical standards for digital accessibility, prompting public entities to audit and upgrade their digital services.
Vendors providing tools like content management systems or learning platforms to public entities must now meet WCAG 2.1 AA standards. This often involves submitting VPATs or ACRs and agreeing to contracts that include accessibility warranties and penalties for noncompliance. Although a similar rule for private businesses under ADA Title III has yet to be finalized, many experts see the Title II rule as a preview of stricter standards for commercial websites. As a result, private organizations are increasingly adopting WCAG 2.1 AA as a proactive measure.
The stakes for businesses are clear: failing to meet WCAG 2.1 AA standards can lead to costly lawsuits. In 2025, nearly 5,000 digital accessibility lawsuits are expected – a 20% increase from 2024 [7][3]. Federal ADA cases typically seek injunctive relief and attorneys’ fees, while state-level claims, such as those under California’s Unruh Act or New York’s Human Rights Law, can result in statutory damages and additional remedies, escalating financial risks for businesses.
Tools like ScoreDetect can assist organizations in maintaining digital accessibility while they work toward full compliance with WCAG standards.
Enforcement and Penalties in 2025
In 2025, the legal landscape for digital accessibility has become more unforgiving, with a sharp rise in enforcement actions and penalties for non-compliance. Unlike previous years, enforcement now leans heavily on private lawsuits rather than federal oversight. This shift has left businesses across industries grappling with the growing costs of failing to meet accessibility standards, as the financial consequences stretch well beyond initial settlements.
Lawsuit Trends and Data
The numbers tell a clear story. By mid-2025, 2,019 lawsuits had already been filed, putting the year on track to hit nearly 4,975 cases – a 20% jump from 2024’s total of 4,150 cases [7][3]. This surge highlights the increasing role of private litigation, as reduced federal involvement has emboldened plaintiff firms.
Geographically, New York has taken center stage as the most active state for digital ADA lawsuits. Plaintiffs are increasingly favoring state courts over federal ones, finding them more accessible and often more sympathetic to their claims [7][2]. State courts offer more options, more judges, and interpretations of accessibility laws that are often seen as more plaintiff-friendly. Meanwhile, federal courts are showing signs of fatigue, with the same plaintiffs and attorneys repeatedly appearing.
Florida has also seen a resurgence in activity. In May 2025 alone, 170 federal lawsuits were filed against e-commerce companies [7]. E-commerce remains the most targeted sector, making up 69% of all digital accessibility lawsuits this year. Food services and healthcare follow at 18% and 4%, respectively, with fitness and wellness businesses accounting for 3% [7]. Larger companies with complex digital platforms – like those with intricate checkout processes, video content, or mobile apps – are particularly at risk [3][4].
While traditional hotspots like California, Florida, and New York continue to dominate, the shift toward state courts in New York has introduced new uncertainties for businesses trying to gauge their exposure [3][4]. These trends underline the escalating risks for companies that fail to prioritize compliance.
Financial Penalties and Legal Consequences
The financial fallout from these lawsuits is substantial. The impact varies depending on whether cases are filed under federal or state law. Under federal ADA Title III, plaintiffs cannot claim statutory damages. Instead, businesses typically face court orders requiring them to fix accessibility issues, along with legal fees and the costs of bringing their platforms into compliance [1][3][4][5].
State-level claims, however, carry much steeper financial risks. For instance, New York’s Human Rights Law and Civil Rights Law allow for damages unavailable under federal law, making state courts a preferred venue for plaintiff firms [2][3][4]. For large e-commerce sites with extensive digital content, penalties can quickly climb into the hundreds of thousands of dollars.
Settlements in 2025 often include long-term compliance commitments that go well beyond initial remediation efforts. Businesses are commonly required to meet WCAG 2.1 Level AA standards within 6–12 months, conduct annual third-party audits, implement accessibility policies, train staff, and publish public accessibility statements [1][3][4]. Many consent decrees also mandate compliance monitoring for three to five years, adding significant long-term costs [1][3][4].
When you factor in legal fees, settlement amounts, remediation expenses, audits, and training, the total cost of a single lawsuit can range from tens of thousands to hundreds of thousands of dollars. For companies operating across multiple states, the financial risks multiply due to varying state-specific requirements and penalties [3][4].
Common Compliance Violations
Certain accessibility issues continue to surface in lawsuits, creating predictable patterns of non-compliance. Common violations include:
- Missing alternative text: This prevents screen reader users from understanding images.
- Inadequate keyboard navigation: Issues like focus traps, missing skip links, and inaccessible interactive elements block users who rely on keyboards.
- Poor color contrast: Frequently found in navigation menus and call-to-action buttons, this makes content hard to read.
- Incomplete form labels: Missing labels in checkout or registration forms prevent assistive technologies from functioning properly.
- Inaccessible CAPTCHAs: These remain a major barrier, particularly in e-commerce checkout flows.
Video content also poses significant risks. The absence of captions, transcripts, and audio descriptions often triggers lawsuits, especially in industries like education, healthcare, and media. Mobile apps face their own challenges, such as poor screen reader support, unlabeled interactive elements, and dynamic content that doesn’t notify assistive technologies of changes. These issues are especially problematic in banking apps, healthcare portals, and e-commerce platforms where users need to perform sensitive tasks [1][3][4].
Businesses that document their compliance efforts – through third-party audits, VPATs (Voluntary Product Accessibility Templates), training records, and remediation plans – are more likely to be seen as acting in good faith by courts [1][2][4]. This documentation can help reduce the likelihood of lawsuits and minimize penalties if a claim is filed.
For organizations managing vast amounts of accessible digital content, tools like ScoreDetect provide an added layer of protection. By using blockchain-based checksums, these tools help safeguard intellectual property while offering verifiable proof of compliance.
The enforcement landscape in 2025 leaves little room for error. Digital accessibility is no longer optional – it’s a critical business requirement to avoid severe legal and financial repercussions.
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International Accessibility Laws Affecting U.S. Businesses
U.S. businesses with international operations now face accessibility laws that extend beyond the domestic requirements of the Americans with Disabilities Act (ADA). As companies expand their digital presence globally, they must navigate a patchwork of legal frameworks that, while often built on similar technical standards, differ in how they’re enforced and penalized. This shift highlights the need for businesses to incorporate international compliance standards into their overall strategies.
The European Accessibility Act (EAA)
The European Accessibility Act (EAA) is set to become a key regulation for U.S. businesses starting June 28, 2025. This law, applicable across all European Union member states, establishes uniform accessibility requirements for products and services sold in the EU market[1].
The EAA’s scope is broader than many U.S. companies might expect. It applies to websites, mobile apps, ATMs, ticketing machines, e-books, and more. For U.S.-based businesses, this means that industries like e-commerce, banking, transportation, media, and telecommunications must ensure their offerings meet EAA standards if they cater to EU customers.
The technical standard underpinning the EAA is EN 301 549, which aligns with WCAG 2.1 Level AA. This alignment benefits U.S. companies already adhering to WCAG for ADA compliance, as it reduces the need to juggle multiple standards. However, the EAA introduces additional layers of accountability, such as mandatory compliance assessments and public reporting in some EU countries.
Non-compliance carries steep penalties. While fines vary by country, they can reach tens of thousands of euros per violation or take the form of a percentage of a company’s annual revenue for repeated offenses. Beyond financial repercussions, businesses risk losing access to EU markets, facing corrective actions, and suffering reputational harm.
Industries such as e-commerce, financial services, and travel are particularly affected. For example, U.S. fintech companies offering online banking to EU residents or travel platforms selling flights and accommodations in Europe must ensure every aspect of their digital experience – from browsing to checkout – meets these standards.
To tackle these challenges, adopting WCAG 2.1 Level AA as the baseline for global compliance is a smart move. This approach not only satisfies ADA and EAA requirements but also simplifies compliance management. Businesses should conduct thorough gap analyses to identify areas where their digital platforms fall short of EN 301 549. Prioritizing high-risk areas like e-commerce sites and mobile apps while maintaining detailed documentation of remediation efforts can help streamline compliance.
Other International Accessibility Requirements
Outside Europe, other regions are also enforcing strict digital accessibility laws, many of which align with WCAG 2.1 Level AA. These laws impact U.S. companies operating globally, creating both challenges and opportunities.
In Canada, accessibility is governed by both federal and provincial laws. The Accessible Canada Act (ACA) applies to federally regulated entities, while provincial laws like Ontario’s Accessibility for Ontarians with Disabilities Act (AODA) mandate accessible websites and apps.
In the United Kingdom, the Equality Act 2010 addresses accessibility in both public and private sectors. Additionally, the Public Sector Bodies (Websites and Mobile Applications) Accessibility Regulations require public sector websites and apps to comply with WCAG 2.1 AA. Private organizations, especially in regulated sectors like finance, healthcare, and education, are also facing growing expectations.
Australia’s Disability Discrimination Act 1992, paired with web accessibility standards, aligns with WCAG 2.0 and 2.1 Level AA. While enforcement has historically been less aggressive in Australia, there is increasing pressure on government services and large private organizations to prioritize digital accessibility.
Though enforcement mechanisms, reporting requirements, and penalties vary across regions, a unified accessibility strategy can address these challenges effectively. Many U.S. companies are adopting a global approach, where compliance with the strictest applicable law serves as the standard for all digital properties. For instance, a U.S.-based e-commerce company serving customers in the EU, UK, and Canada might align its accessibility efforts with WCAG 2.1 AA, conduct both automated and manual testing, and publish tailored accessibility statements for each region. This approach not only reduces legal risks but also improves usability for all users.
For businesses managing accessible digital content across multiple markets, safeguarding that content is becoming increasingly important. Tools like ScoreDetect offer solutions by using invisible watermarking, targeted web scraping, and automated takedown workflows to protect digital assets. ScoreDetect also leverages blockchain to create verifiable proof of ownership, helping companies prove authorship and maintain compliance records without storing sensitive assets directly.
The push for international accessibility compliance is gaining momentum. U.S. companies can no longer treat accessibility as a domestic issue alone. Instead, those with global operations must integrate international standards into their broader compliance and risk management strategies. By viewing accessibility as a core business priority rather than a checklist, organizations can not only meet legal obligations but also enhance the user experience for a diverse global audience.
Compliance and Risk Mitigation Strategies
Preparing for accessibility requirements in 2025 means creating digital systems that work for everyone. Recent statistics highlight the urgency of adopting strong compliance measures, which not only meet regulations but also reduce legal risks. Here’s a look at how businesses can weave accessibility into their operations, document their efforts, and protect the accessible content they produce.
Building Accessibility into Digital Operations
The best way to meet accessibility standards is to make them an integral part of your digital processes rather than an afterthought. Instead of relying solely on periodic audits, businesses should aim for systems where accessibility is built-in from the start.
A layered approach to audits is key. Combine automated tools, manual expert reviews, and real user testing to catch a wide range of issues. Tools like axe, WAVE, or Siteimprove can identify around 30–40% of accessibility problems, such as missing alt text or color contrast issues. However, manual reviews are essential for more nuanced challenges, like logical heading structures, ARIA usage, and screen reader compatibility. Real user testing with individuals with disabilities can uncover barriers that even experts might miss.
Focus on common violations, such as:
- Missing or inadequate keyboard navigation (e.g., keyboard traps, missing focus indicators)
- Poor color contrast (minimum 4.5:1 for normal text under WCAG criterion 1.4.3)
- Missing alt text for images
- Inaccessible forms
- Semantic structure issues (criterion 1.3.1 Info and Relationships)
- Proper keyboard operability (criterion 2.1.1 Keyboard)
- Visible focus indicators (criterion 2.4.7 Focus Visible)
- Correct name, role, and value attributes (criterion 4.1.2)
For those adopting WCAG 2.2, new Level AA criteria like 2.5.8 Target Size (Minimum) and 3.3.7 Redundant Entry are particularly important, especially for e-commerce sites and forms where user interaction is frequent. Start audits with high-traffic pages – homepages, product pages, checkout flows, and contact forms. Expand to the rest of the site and conduct quarterly re-audits to keep compliance up-to-date as content evolves[1][2][4].
Incorporating accessibility into design systems and workflows is another critical step. Inclusive design systems should feature accessible components – like buttons, forms, and navigation – designed with WCAG 2.1/2.2 AA compliance in mind. Development workflows can include accessibility checks in CI/CD pipelines to prevent non-compliant code from being deployed and require accessibility sign-offs before launches.
Training is also essential. Annual accessibility training for designers, developers, content creators, and legal teams ensures everyone is on the same page. Role-specific sessions and updates on regulatory changes can keep teams informed. Some organizations even host quarterly "accessibility office hours" where teams can get immediate feedback on designs or code[1][2][4].
Content teams should use editorial checklists that include requirements for alt text, proper heading structures, and plain language. For example, a university might integrate these standards into its learning management system to ensure all new course materials are accessible from the start[1][2][5].
Proactive measures like these are only effective if they’re well-documented, as outlined below.
Documenting Compliance Efforts
Courts and regulators often look for evidence of a consistent, good-faith effort to meet accessibility requirements. Proper documentation – like third-party audits, VPATs, and training records – can reduce legal risks.
Accessibility statements are one way to publicly demonstrate commitment. These statements should clearly outline the conformance standard (e.g., WCAG 2.1 Level AA), specify the scope (which pages and applications are covered), and acknowledge known barriers with a remediation timeline. Include multiple contact methods for users to report issues or request accommodations, along with a pledge to ongoing improvements and periodic reviews.
Accuracy is critical. Overstating compliance – claiming full WCAG 2.1 AA adherence when gaps exist – can increase legal risks. For instance, a healthcare provider might note in its accessibility statement that some older PDFs are not yet accessible but are being converted, with a target completion date specified[1][2][5].
Voluntary Product Accessibility Templates (VPATs) are another tool for documenting compliance. These templates detail conformance with WCAG and other standards for websites, apps, and software. VPATs are available in editions tailored to U.S. laws like Section 508 and the ADA, as well as international guidelines. Using VPAT 2.5 ensures detailed documentation across various criteria[2].
Beyond statements and VPATs, maintain detailed records of audits, including dates, tools used, findings, and remediation plans. Training logs, design system guidelines, and internal policies also demonstrate a commitment to accessibility. If available, documentation of user testing with people with disabilities adds further credibility[1][2][5].
With ADA Title II requiring state and local government entities to meet WCAG 2.1 A and AA standards by April 24, 2026 (for entities over 50,000 people) and 2027 (for those under 50,000), organizations need to act quickly. Regular audits and published reports on accessibility status should be part of an ongoing strategy[1][2][5].
Vendor accountability is another growing concern. Contracts should include accessibility warranties, compliance statements, and indemnification clauses for breaches. Require vendors to provide in-depth WCAG audit reports that not only identify violations but also offer remediation strategies. Ensure contracts explicitly prohibit vendors from disclaiming accessibility warranties[2][6].
Once compliance practices are in place, the next step is to protect the accessible content you’ve worked hard to create.
Protecting Accessible Digital Content
After investing resources in creating accessible digital content, safeguarding it from unauthorized use, piracy, and theft becomes a priority – especially for industries like education, media, finance, and government. Protecting this content ensures the effort put into compliance translates into long-term value.
Organizations can use a mix of technical, legal, and monitoring measures to secure their content. Technical measures include access controls, authentication, and encryption. Legal protections, like copyright notices and terms of use, establish ownership. For ongoing monitoring, specialized tools can extend these protections.
ScoreDetect offers solutions like invisible watermarking and intelligent web scraping to track unauthorized use while maintaining WCAG compliance. Its invisible watermarking embeds unique identifiers into digital content – web pages, documents, and media – without disrupting accessibility features. This makes it possible to trace unauthorized copies even if they’re republished elsewhere. The tool’s intelligent web scraping also identifies pirated or misused content online, with a 95% success rate in bypassing prevention measures. This is especially valuable for organizations that need to protect their accessible content from misuse while maintaining compliance.
Conclusion
In 2025, digital accessibility has firmly transitioned from a best practice to a legal necessity. The numbers tell the story: over 2,019 lawsuits were filed in just the first half of the year, with projections exceeding 4,975 cases by year-end – a 20% jump compared to 2024[7]. This sharp rise in litigation highlights the growing enforcement of accessibility laws.
What sets 2025 apart is the dual-pronged approach to enforcement. Federal courts continue to apply ADA Title III standards to commercial websites[7]. At the same time, state courts in New York and California are leaning on state-specific laws – like New York’s Human Rights Law and California’s Unruh Act – to impose monetary damages, a remedy unavailable under federal ADA claims[2].
These legal changes make proactive compliance essential. Organizations need to integrate accessibility into their digital operations from the start, conduct regular audits to meet WCAG 2.1 Level AA standards, and meticulously document their efforts. With federal deadlines approaching – April 24, 2026, for larger state and local government entities, and 2027 for smaller ones – the time to act is now[2].
But compliance isn’t the only challenge. Protecting accessible content is equally critical. After investing in remediation and compliance, organizations must safeguard their digital assets from unauthorized use and piracy. Tools like ScoreDetect offer a solution by using invisible watermarking and advanced monitoring to protect content without hindering accessibility. This is especially vital for industries like education, media, finance, and government, where accessible content represents a substantial investment.
The legal trends of 2025 send a clear message: accessibility isn’t a one-and-done task – it’s an ongoing commitment. Organizations that adopt comprehensive accessibility programs will not only reduce legal risks but also enhance user experiences, broaden their audience, and demonstrate a genuine commitment to digital inclusion.
FAQs
How can businesses prepare for compliance with the European Accessibility Act (EAA) by June 2025?
To get ready for the European Accessibility Act (EAA) deadline in June 2025, businesses should begin by evaluating their digital and physical products, services, and customer interactions to ensure they align with accessibility standards. This includes focusing on key areas like website usability, digital content, customer support channels, and physical spaces or products.
Here’s how to get started:
- Conduct an accessibility audit: Assess your current offerings to pinpoint gaps and identify areas needing updates to meet EAA guidelines.
- Make the necessary updates: Adapt your websites, apps, and other platforms to ensure they are accessible to people with disabilities.
- Provide team training: Equip your employees with the knowledge and skills to uphold accessibility best practices, ensuring compliance across all operations.
By starting early and seeking guidance from accessibility experts, businesses can avoid penalties and ensure a seamless transition to full compliance by June 2025.
What steps can organizations take to document their digital accessibility compliance and reduce legal risks?
To stay on top of digital accessibility compliance and reduce legal risks, organizations should keep thorough records of their efforts. This means documenting accessibility audits, testing outcomes, and any steps taken to resolve issues. Regular updates to these records show a consistent and proactive commitment to meeting compliance standards.
Another key strategy is implementing clear accessibility policies and providing staff with proper training to make compliance an ongoing priority. Using tools like invisible watermarking or blockchain-based verification to track and manage digital assets can also help protect your content and establish ownership in case of disputes. These actions not only emphasize your dedication to accessibility but also help lower the chances of facing legal challenges.
What are the most common accessibility issues businesses should address to reduce the risk of legal action?
Businesses often encounter accessibility issues that can hinder individuals with disabilities from fully engaging with their services. One major area is website accessibility. This includes problems like missing alt text for images, poor color contrast that makes text hard to read, and navigation that doesn’t work with a keyboard – essential for users who rely on assistive technologies.
Another frequent issue involves physical spaces. Examples include wheelchair ramps that don’t meet proper standards, parking spaces with inadequate signage or markings, and restrooms that fail to comply with ADA requirements. These shortcomings can create significant barriers for people with mobility challenges.
To address these challenges and reduce legal risks, businesses should conduct regular accessibility audits and make necessary updates. Staying aligned with the Americans with Disabilities Act (ADA) and similar regulations not only helps avoid potential lawsuits but also creates a more welcoming and inclusive environment for everyone.
