In recent years, small businesses — particularly those with websites, apps, and online stores — have found themselves increasingly targeted by lawsuits under the Americans with Disabilities Act (ADA) and the surge has accelerated dramatically in 2025. Our latest mid-year report shows that 2,014 ADA website lawsuits were filed from January to June 2025 alone.
Now with the heightened use of AI tools (ChatGPT, Gemini, Copilot, and others), it should be no surprise that AI technology has infiltrated the legal landscape, making it easier than ever for self-represented plaintiffs to draft, file, and pursue accessibility lawsuits without the cost of hiring an attorney.
A 40% Spike in ADA Filings
Recent data from law firm Seyfarth Shaw LLP indicate that federal pro se ADA Title III filings increased by 40% compared to last year, with many of the documents appearing to show clear signs of AI assistance. For instance, ADA Title III expert Minh N. Vu reports seeing filings with fabricated case citations, incorrect descriptions of case holdings, and other telltale signs.
These filings are troubling for many reasons, particularly because they waste court resources and force small businesses to spend thousands on legal counsel just to respond, even when the underlying claims are baseless.
For many mom-and-pop shops, a single ADA lawsuit can be devastating, with settlements often ranging from $5,000 to $20,000 just to avoid further legal costs. Some businesses feel pressured to pay quickly to make the problem go away, but this only encourages additional claims from serial plaintiffs seeking financial gain.
Don’t Rely on AI for Legal Advice
As AI tools become more advanced, it’s tempting to use them for quick answers to legal questions. However, AI-powered chatbots are known to hallucinate information, often generating answers that are factually wrong, outdated, or entirely fabricated. It is not in any way a licensed attorney who can interpret laws, especially in the context of your specific situation.
For businesses wanting to understand complex laws like the ADA, the safest path is to consult legal professionals who understand both ADA compliance and the evolving landscape of digital accessibility. A human attorney can assess your specific risks, develop compliance strategies, and help you respond appropriately to any legal threats.
In the event of a lawsuit, you may not even be able to use AI tools when preparing court documents. A federal judge in Ohio has a standing order banning AI-generated filings.
How Small Businesses Can Protect Themselves
Small business owners should take these steps to reduce the risk of an ADA lawsuit:
- 1. Audit: EcomBack offers comprehensive audits that evaluate your website based on the Web Content Accessibility Guidelines (WCAG) and the ADA. Our in-depth analysis will identify both code-level issues and user experience barriers.
- 2. Document Your Efforts: Keep records of any accessibility work and updates. Documentation can be key in defending against claims.
- 3. Train Staff: Cover best practices, tools, and resources that aid in creating an inclusive digital environment. Regular training updates will ensure your team stays current with evolving accessibility guidelines and technologies.
- 4. Don’t Automatically Settle: While it’s tempting to pay to make a lawsuit disappear, building a solid defense can be more beneficial in the long run.
Businesses Need to Prepare Now
AI isn’t going away and neither are ADA website lawsuits.
For small businesses, the message is clear: be proactive, not reactive. Investing in accessibility now isn’t just about avoiding lawsuits, it’s about guaranteeing inclusivity for individuals with disabilities in an increasingly AI-driven world.
