Norman Studio // Shutterstock

Overview of the legal Landscape for Online Businesses

In today’s digital age, American businesses engaging in online commerce are grappling with a rapidly evolving legal framework. In just the first half of 2025, more than 2,000 lawsuits related to the Americans with Disabilities Act (ADA) concerning website accessibility were filed—a staggering 37% increase from the same time frame in 2024. Alarmingly, around 70% of these legal actions were aimed at e-commerce retailers, with many of these businesses being small enterprises boasting annual revenues of less than $25 million.

This alarming trend illustrates that the issue is not confined to large corporations or well-known brands. Small businesses that sell products through online platforms or gather customer information via their websites are increasingly finding themselves embroiled in litigation due to relatively straightforward accessibility obstacles. Local government bodies and various business departments across the nation are becoming increasingly aware of these issues, leading them to adjust the standards and expectations regarding how business websites should function.

As a result, Clym, a digital compliance solutions provider, undertook a thorough investigation into the escalating trend of ADA-related website accessibility lawsuits.

The Importance of Local Governments in Accessibility Cases

While local government officials may not be directly filing lawsuits, they are certainly facing the repercussions of accessibility complaints from residents with disabilities. These complaints often surface at local city halls and county offices long before escalating into formal legal actions. With the rise in awareness surrounding accessibility issues, many municipalities have taken the initiative to revise their guidance related to business permits, local grants, tourism programs, and small business resources to incorporate clear expectations for accessible websites.

This shift means that for business owners, digital accessibility has transitioned from being a mere afterthought or a responsibility solely for large corporations or tech teams to an integral topic of discussion in local business strategy meetings. It’s crucial for small businesses to give due importance to these considerations in their planning and operations.

The Link Between eCommerce and Accessibility Issues

Recent statistics indicate that approximately 69% of ADA-related web accessibility cases filed in 2025 involved online retailers. But why is eCommerce so closely linked to accessibility challenges? The answer lies in the nature of online shopping itself, which encompasses multiple steps. At each stage, various barriers can interfere with a customer’s ability to browse, add items to their shopping cart, and finalize their purchases. This often leads to legal claims when individuals using assistive technology face difficulties. Typical accessibility issues include:

• Missing descriptive alt text for product images
• Poor color contrast on buttons and calls-to-action
• Unlabeled icons—such as shopping carts or “add to cart” buttons
• Checkout forms that are incompatible with screen readers or keyboard navigation

Such seemingly minor oversights can halt a sale and position a business at risk of litigation, even if the business owner never intended to exclude anyone from accessing their products or services.

Understanding the Broader Local Impact Beyond Litigation

Many small business owners might mistakenly believe that accessibility regulations are only applicable to well-known brands or major corporations. However, statistics paint a much different picture. The majority of businesses facing lawsuits under the ADA in 2025 were companies with annual revenues of less than $25 million. This highlights that even locally owned shops and boutique online stores are not immune to potential legal challenges.

Due to this reality, local governments are increasingly working to embed accessibility awareness into their business guidance. Additionally, various chambers of commerce and small business associations are proactively sharing resources and best practices related to accessibility with their members.

Proactively Addressing Issues Before They Escalate

For numerous business owners, the primary objective is not to achieve legal perfection, but rather to cultivate awareness about accessibility standards and practices.

A spokesperson from Clym noted, “Most small businesses are not aware of their website’s accessibility status until a problem is raised by a customer.” The spokesperson added, “Business owners are looking for more clarity and straightforward information, rather than just a legal opinion.”

As a proactive measure, some businesses are conducting periodic scans of their websites, which yield an overall accessibility score broken down by state or region. Certain tools offer additional contextual understanding, indicating which accessibility and website-related laws could be pertinent based on the size of the business, its industry, and its geographical location.

“Business owners are frequently surprised at how localized accessibility expectations can be,” the spokesperson expressed. “What might be considered acceptable in one state can lead to questions in another.”

A Local Issue with Broader Implications

As online interactions become increasingly vital in the manner customers discover and engage with local businesses, the principle of accessibility is progressively being recognized as both a potential business risk and opportunity, rather than merely a legal obligation. For small business owners, the message is clear: inaccessible websites no longer go unnoticed. They invite scrutiny from residents, local officials, and potential litigants alike.

Being proactive in addressing these issues can significantly save businesses money, safeguard their reputation, and ensure their online presence is inviting for all customers. Additionally, leveraging AI legalese decoder can be a crucial step in this journey, simplifying complex legal language and making ADA compliance more understandable. By using such AI-driven tools, businesses can better navigate legal complexities and enhance their digital accessibility, ultimately fostering an inclusive online environment.

This article has been produced by Clym and reviewed and distributed by Stacker.