In a growing trend that’s sending shockwaves through the e-commerce community, small business owners across America are facing an unexpected threat: lawsuits claiming their websites violate the Americans with Disabilities Act (ADA). These suits, which can demand up to $75,000 in damages, are increasingly being viewed by many merchants as a form of legal exploitation rather than legitimate advocacy for disability rights.
“Having my savings and income taken from me this way is just devastating,” says one Shopify store owner who was recently sued. Like many others facing similar suits, they had specifically chosen to use an official Shopify theme and approved apps in an attempt to maintain compliance with regulations.
The Anatomy of a Lawsuit
The typical scenario follows a pattern: A lawsuit arrives without warning, claiming various accessibility violations. Common allegations include keyboard navigation issues, missing alt tags on images, and problems with PDF documents. What’s particularly troubling to defendants is that these suits often arrive without any prior attempt to address the issues directly with the business.
One successful defendant, who won against a $75,000 claim in New York, describes the process: “We initially offered to settle for around $3,000, they came back wanting $20,000,” they shared on Reddit. “That pissed me off, so I stuck to that amount and told them the longer it progresses, the lower we’ll be willing to settle for.”
The Legal Landscape
According to accessibility specialists and legal experts contributing to online discussions, there’s currently no absolute legal standard for website accessibility. This ambiguity creates a challenging environment where even businesses actively working to maintain accessibility can find themselves targeted.
“It’s not impossible to make a website compliant,” explains one accessibility specialist in the forum discussions. “There are different levels of WCAG compliance and sites are only expected to meet AA standards, not AAA.” However, they note that the complexity of modern e-commerce platforms, which often rely heavily on third-party apps, can make full compliance challenging.
Fighting Back
Some businesses are choosing to fight rather than settle. In one notable case, Yugely Nunez vs. Beardbrand, LLC, the suit was dismissed because the plaintiff had not contacted the business before filing the lawsuit. This case is now being cited by other defendants as a potential precedent.
Legal experts advise businesses to:
- Maintain documentation of ongoing accessibility efforts
- Be wary of “quick fix” accessibility overlay apps
- Consider restricting sales in high-risk states like New York, California, and Pennsylvania
- Keep records of all accessibility improvements and testing
The Broader Impact
These lawsuits are having a chilling effect on small business e-commerce. Some merchants with modest revenues are considering shutting down their online stores entirely rather than risk being targeted. “My revenue from the Shopify store is less than $1,000/year. No way I would settle or be able to afford legal fees,” one small business owner commented.
Looking Forward
While legislation has been proposed in Congress to require a 30-day notice period before such lawsuits can be filed, it has yet to pass. In the meantime, business owners are calling for e-commerce platforms like Shopify to take a more active role in protecting their merchants from these legal challenges.
The situation highlights a complex balance between ensuring web accessibility for disabled users and protecting small businesses from potentially predatory litigation. As one developer noted, “There’s nothing overly difficult about accessibility, especially A or AA level.” The challenge appears to lie not in the technical requirements themselves, but in the legal framework surrounding their enforcement.
This article was compiled from discussions on Reddit’s Shopify community, where business owners share their experiences with ADA compliance lawsuits.
Soodo
http://soodo.coSoodo is a cross-platform eCommerce growth parther for DTC Brands | We scale brands across Shopify, Lazada & Shopee - to meet their customers where they shop.