Thu. Oct 23rd, 2025

WCAG Compliance and Legal Risks

See If Your Website Meets ADA Standards – Free Audit


Your website should be accessible to everyone—customers, clients, and visitors of all abilities. Under the Americans with Disabilities Act (ADA), websites are increasingly considered places of public accommodation. Businesses that fail to provide accessible websites risk excluding users with disabilities, including those with vision, hearing, motor, or cognitive impairments.

Accessibility isn’t just ethical—it’s legally required. Courts and government agencies have enforced compliance, and the consequences for non-compliance can be costly.

Why Website Accessibility Matters

ADA compliance ensures your website is usable by all visitors. Failing to meet accessibility standards can result in:

  • Lawsuits from individuals or class action plaintiffs.
  • Complaints filed by the Department of Justice (DOJ).
  • Financial penalties and mandated website remediation.

Even unintentional inaccessibility can expose businesses to legal and financial risk.

Understanding WCAG 2.0/2.1 Standards

The Web Content Accessibility Guidelines (WCAG) 2.0 and 2.1 provide a framework for making websites accessible. These guidelines are widely used as the standard for ADA compliance. Key principles include:

  • Perceivable: Content must be presented in ways users can perceive, e.g., alternative text for images, captions for videos.
  • Operable: Users must be able to navigate and use your site, e.g., keyboard navigation, clear menus.
  • Understandable: Content and interfaces should be clear and predictable.
  • Robust: Websites should work across devices and assistive technologies.

WCAG compliance is categorized in three levels:

  • A – Basic accessibility
  • AA – Mid-level accessibility (most businesses aim for this)
  • AAA – Advanced accessibility

Legal Risks: DOJ and Class Action Lawsuits

Failure to meet ADA accessibility standards has led to a surge in legal action. Businesses face lawsuits from both the Department of Justice (DOJ) and private plaintiffs through Class Action Lawsuits.

Recent Trends:

  • The DOJ has filed complaints against companies with inaccessible websites, often seeking compliance agreements and financial penalties.
  • Class action lawsuits have targeted retail, hospitality, and service-based websites, claiming that inaccessible online platforms discriminate against people with disabilities.
  • Settlement costs can range from tens of thousands to hundreds of thousands of dollars, plus required remediation of the website.

🚨 ADA Website Accessibility Penalties

Under Title III of the ADA, businesses may face civil penalties for non-compliance:

  • First violation: Up to $75,000
  • Subsequent violations: Up to $150,000 AudioEye+1

These fines are in addition to potential legal fees, settlement costs, and the expense of making necessary website remediations.


⚖️ Notable Legal Cases and Settlements

1. Fashion Nova – $5.15 Million Settlement

Fashion Nova agreed to a $5.15 million settlement after allegations that its website was inaccessible to blind users relying on screen-reading software. While the company denied wrongdoing, it opted to settle to resolve the accessibility claims. The settlement includes a nationwide class and a specific California subclass of legally blind users who attempted to use the website since February 2018. Legally blind individuals living in California are eligible for a cash payout, with each potentially receiving up to $4,000 depending on the number of approved claims. Claims must be filed by October 20, 2025, with the final approval hearing scheduled for February 12, 2026 The Sun.

2. Target Corporation – $6 Million Settlement

In 2006, Target Corporation settled a class action lawsuit for $6 million after allegations that its website was inaccessible to blind users. The case was one of the first to establish that websites are considered places of public accommodation under the ADA Wikipedia.

3. AccessiBe – $1 Million FTC Fine

In January 2025, the Federal Trade Commission (FTC) fined AccessiBe $1 million for deceptive claims that its AI product could make websites compliant with accessibility guidelines. The company was ordered to cease making such claims and to disclose any material connections with reviewers and endorsers Wikipedia.


🧭 Protect Your Business

To mitigate the risk of ADA compliance issues:

  • Conduct regular accessibility audits to identify and address potential barriers.
  • Implement web accessibility standards, such as WCAG 2.1 Level AA.
  • Stay informed about evolving legal requirements and best practices.

For assistance in evaluating your website’s accessibility, consider using tools like the ADA Free Audit.

If you need further information or assistance on this topic, feel free to ask!

Even if a website owner is unaware of accessibility issues, courts have increasingly held businesses responsible for ensuring their sites meet WCAG standards.


Protect Your Business

Regularly auditing your website for ADA compliance is crucial. Ensuring accessibility not only protects against lawsuits but also expands your audience and improves user experience.

Start by running a comprehensive ADA website audit to identify potential accessibility issues and take corrective action before legal risks escalate.

Run Your Free ADA Audit: https://adafreeaudit.com/