Can my e-commerce store be sued even if we're not in California or New York?

Yes. ADA Title III is a federal law applying to any business operating a place of public accommodation — including websites — regardless of where the business is located. Plaintiffs can file in federal courts across all 50 states. California and NYC are hotspots due to state and local laws, but federal ADA suits are filed nationwide.

We have an accessibility widget/overlay — are we protected?

No. The DOJ and federal courts have consistently held that overlay tools (AccessiBe, UserWay, AudioEye) do not achieve WCAG 2.1 AA compliance. Multiple class action lawsuits have been filed against companies using overlays. They can mask issues from automated scanners but cannot fix underlying code problems detected by screen readers.

What are the most common accessibility failures on Shopify and WooCommerce stores?

The most common issues are: product image carousels that trap keyboard focus, color/size variant selectors that aren't keyboard-accessible, checkout form labels that don't link to their inputs, custom modal dialogs without proper ARIA roles, and cookie consent banners that block page access without being closeable by keyboard.

How quickly can we get compliant after receiving an ADA demand letter?

We've helped e-commerce clients go from demand letter to documented remediation roadmap in 5 business days and to full fix deployment in 3–6 weeks. We provide the legal-defensible conformance report your attorney needs to respond to plaintiff's counsel.

E-Commerce Accessibility

E-Commerce Website Accessibility & ADA Compliance

Online retailers are the single most-sued sector under ADA Title III. A non-accessible checkout flow, product page, or modal dialog can result in demand letters, lawsuits, and settlements averaging $25,000–$75,000.

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#0: Most-sued sector under ADA Title III (2023)
0+: ADA e-commerce lawsuits filed in 2023
$25K–$75K: typical ADA demand letter settlement range
+0%: avg. conversion rate increase after accessibility fix

Laws & Regulations That Apply to E-Commerce

Understanding which rules apply to your organization is the first step. Here's what governs e-commerce accessibility compliance.

ADA Title III

All places of public accommodation — including e-commerce websites — must provide equal access to customers with disabilities. Federal courts have consistently ruled that websites are covered.

California Unruh Act

California's broader civil rights law provides heightened protection and allows plaintiffs to file in state court with statutory damages, making California-based retailers particularly vulnerable.

New York City Human Rights Law

NYC's local human rights law covers e-commerce sites serving NYC residents. Several large class action suits have originated under this statute.

Common Accessibility Challenges in E-Commerce

These are the specific failure patterns we encounter most often — and fix — when auditing e-commerce organizations.

Checkout Flow Accessibility

Payment forms, address entry, promo code fields, and order confirmation steps must all be fully keyboard-navigable and screen reader-compatible. A single inaccessible field in checkout can ground an entire lawsuit.

Product Pages & Image Alt Text

Product images missing alt text, color/size selectors that only work with a mouse, and custom carousels that trap keyboard focus are the most common failures — and the easiest targets for plaintiff attorneys.

Pop-ups, Modals & Cookie Banners

Promotional overlays, cookie consent dialogs, and newsletter pop-ups frequently trap keyboard focus, preventing users from accessing the underlying page — a highly visible failure point.

Search & Filter Functionality

Product filters, sort controls, and search autocomplete suggestions must announce changes to screen reader users and be fully operable by keyboard without requiring mouse interaction.

Services for E-Commerce Organizations

We tailor our approach to the specific regulations and technical challenges your e-commerce organization faces.

Frequently Asked Questions

Can my e-commerce store be sued even if we're not in California or New York?: Yes. ADA Title III is a federal law applying to any business operating a place of public accommodation — including websites — regardless of where the business is located. Plaintiffs can file in federal courts across all 50 states. California and NYC are hotspots due to state and local laws, but federal ADA suits are filed nationwide.
We have an accessibility widget/overlay — are we protected?: No. The DOJ and federal courts have consistently held that overlay tools (AccessiBe, UserWay, AudioEye) do not achieve WCAG 2.1 AA compliance. Multiple class action lawsuits have been filed against companies using overlays. They can mask issues from automated scanners but cannot fix underlying code problems detected by screen readers.
What are the most common accessibility failures on Shopify and WooCommerce stores?: The most common issues are: product image carousels that trap keyboard focus, color/size variant selectors that aren't keyboard-accessible, checkout form labels that don't link to their inputs, custom modal dialogs without proper ARIA roles, and cookie consent banners that block page access without being closeable by keyboard.
How quickly can we get compliant after receiving an ADA demand letter?: We've helped e-commerce clients go from demand letter to documented remediation roadmap in 5 business days and to full fix deployment in 3–6 weeks. We provide the legal-defensible conformance report your attorney needs to respond to plaintiff's counsel.

Ready to make your E-Commerce website accessible?

Get a free consultation with a certified accessibility specialist who understands e-commerceregulations. We'll assess your current compliance level and give you a clear path forward.

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