How these claims are built
Most website accessibility claims are brought under Title III of the Americans with Disabilities Act, which covers places of public accommodation, often together with the New York State and New York City human rights laws. Under the federal law, private plaintiffs can seek an order requiring changes and attorney's fees but not money damages, while the state and city laws allow damages. Courts have not agreed on whether a business that operates only online is covered by Title III, and federal courts in New York have reached different conclusions. Many complaints cite the widely used Web Content Accessibility Guidelines as a benchmark, though no technical standard has been adopted by regulation for private businesses' websites. Courts also examine whether the plaintiff genuinely intended to use the site, which bears on standing.
Responding to the letter or complaint
Do not ignore a complaint, because a response deadline applies and a default can be costly. Notify your insurers, since some general liability, cyber, or employment practices policies may respond. Avoid public statements and do not contact the plaintiff directly. Ask your lawyer whether an accessibility audit should be commissioned through counsel. Collect information about your web developer, your platform, and any prior accessibility work. Fixing the site matters, but remediation alone does not always end an ADA website lawsuit, and a negotiated resolution often addresses both the claim and the fixes.
Weighing defenses against cost
Our assessment begins with where the case was filed, which laws are claimed, whether the plaintiff has filed similar suits, and whether there are defenses tied to standing or to whether your business is covered at all. We compare the practical cost of litigation with settlement and remediation, and talk about how to keep the site accessible going forward. If you have received several letters, we consider whether they can be handled together. Businesses based outside New York are sometimes sued here, so we also look at jurisdiction.
