Over the past several years, lawsuits alleging that business websites are inaccessible to visually impaired users have increased. These cases claim violations of the Americans With Disabilities Act (ADA), with many filed by plaintiffs who use screen reading software. Many of these lawsuits settle quickly under confidential terms, often resulting in only a small portion of the award going to the named plaintiffs.
The Department of Justice has not issued clear technical standards for website accessibility under the ADA, providing only general guidelines. Critics say these guidelines are vague and do not give businesses clear direction on how to comply.
While such lawsuits have been common in states like California, Florida, and New York, there is a rising number being filed in New Jersey. In 2023, one attorney in New Jersey reportedly filed about 60 of these suits, targeting large companies including American Airlines, Nike, and Burger King. Often, the same plaintiff appears across multiple cases.
Anthony Anastasio, president of the New Jersey Civil Justice Institute (NJCJI), commented on this trend: “Website accessibility suits have been an ongoing problem for the business community. Plaintiffs’ attorneys have capitalized on the fact that the underlying law is so unclear to force nuisance value settlements by businesses of all sizes, from your local coffee shop to large corporations. In the aggregate, these settlements add up to big money.”
