Every month, a significant number of businesses face lawsuits concerning website accessibility under the Americans with Disabilities Act (ADA). In the first half of 2025, a concerning 2,014 lawsuits have been filed against inaccessible websites.
The latest concerning trend is known as the “sue and settle” technique. This approach involves individuals filing lawsuits against businesses, often with the intent to quickly settle out of court rather than engage in lengthy litigation.
A St. Louis restaurant owner is the latest victim of serial plaintiffs targeting small businesses for inaccessible websites. Chef Kevin Nashan, who owns two restaurants in St. Louis, received a legal demand from a Kansas City attorney, Kevin Puckett, representing a blind man named Robert G. Myers. The claim stated that the websites for Nashan’s businesses were incompatible with screen-reader software, violating the Americans with Disabilities Act (ADA).
Faced with the lawsuit, Nashan felt he had no choice but to settle, a sentiment echoed by many other independent business owners who have received similar letters. Many describe these legal demands as outright “shakedowns,” with settlement amounts ranging from $5,000 to $15,000, plus additional legal fees.
EcomBack’s founder, Nayan Padrai, recently discussed this issue in a KMBC news segment, noting, “It’s cheaper to settle than it is to fight. All a plaintiff lawyer needs to do is run an automated test, find some errors on your website, put that in a complaint with a lot of boilerplate allegations, and then now you have a lawsuit.”
Puckett has filed hundreds of similar lawsuits against Missouri businesses, raising concerns among accessibility experts. Some argue that mass litigation may actually slow down progress toward improving accessibility. While many websites fall short of ADA compliance, attorneys have long pointed out the lack of clear standards for web accessibility. Unlike physical accommodations, there are no definitive criteria for websites, making it difficult for businesses to understand what compliance entails.
Why ADA Compliance Matters for Local Businesses
The ADA mandates equal access to goods and services, which many courts have interpreted to include online services and products. As businesses continue to shift online, these lawsuits serve as important reminders that digital accessibility is not optional.
Having an accessible website not only helps prevent ADA lawsuits, which can lead to costly settlements and legal fees, but also promotes inclusivity. Being proactive about accessibility enhances your brand’s reputation and reflects respect for all customers.
How to Get It Right
As a small business, you might feel overwhelmed by the requirements of the ADA and ensuring your website is compliant with accessibility laws.
We recommend working with website accessibility experts like EcomBack, which offers a manual audit conducted by professionals well-versed in WCAG guidelines. After reviewing your website for key accessibility barriers, the team thoroughly addresses them, like providing alt text for images and creating clear labels on forms, among other issues.
