ADA website lawsuits will increase in 2026, plaintiffs lawyers will expand into new states and target public entities after Title II deadlines hit, and AI tools will play a growing role on both sides of litigation. Based on EcomBack’s lawsuit data from the first half of 2025 showing a 37% surge in filings and the April 2026 Title II compliance deadline for larger public entities, here’s what website owners and public entities should prepare for.
| Prediction | What It Means for You |
|---|---|
| Public Entity Lawsuits Begin | Plaintiffs lawyers will start targeting state and local governments after the April 2026 Title II deadline passes |
| Pro Se Filings Surge | AI tools will enable more individuals to file ADA complaints without lawyers, driving up lawsuit volume |
| Geographic Expansion | Lawsuits spread beyond concentrated filings in New York, Florida, and California. We’ll see more litigation in states Illinois, New Jersey, Pennsylvania, and Missouri |
| Shopify Targeting Continues | Ecommerce stores on Shopify will remain the most frequently sued platform |
| Widget Use Declines Sharply | The FTC settlement and continued lawsuit data will finally convince more website owners to abandon widgets |
Table of Contents
Plaintiffs Lawyers Will Target Public Entities After Title II Deadlines
Public entities with populations of 50,000 or more face an April 24, 2026 compliance deadline under the new ADA Title II web accessibility rule. Once that deadline passes, plaintiffs lawyers will have clear legal grounds to sue state and local governments that haven’t made their websites and mobile apps WCAG 2.1 AA conformant.
The Title II rule removes the ambiguity that has protected public entities until now. Unlike Title III litigation against private businesses, which relies on court interpretations, Title II now has explicit technical requirements. Public schools, police departments, courts, parks, libraries, and transit agencies that miss the deadline become straightforward targets.
Plaintiffs law firms already understand this market. They have spent years building infrastructure to file hundreds of cases per year against private businesses. Applying that same approach to public entities requires minimal adjustment.
Which Public Entities Face the Highest Risk?
Entities most likely to face early lawsuits include those with:
- High public visibility (city and county government websites)
- Transaction-heavy services (online payments, permit applications, court filings)
- Document-heavy operations (PDFs that aren’t tagged for screen readers)
- Third-party contractor dependencies (where accessibility wasn’t specified in contracts)
Pro Se Litigants Will File More Lawsuits Using AI Tools
This is one of the most significant trends heading into 2026. According to Seyfarth Shaw, federal pro se ADA Title III lawsuits increased 40% in 2025 compared to 2024. AI tools like ChatGPT, Copilot, and Gemini are enabling individuals without legal representation to draft and file complaints.
Pro se litigants aren’t constrained by professional ethics rules that govern licensed attorneys. Seyfarth Shaw reports that these litigants have been known to file briefs with fabricated case citations, bombard defendants with frivolous motions, and generate legal documents faster than would be humanly possible to type.
For website owners, this means more lawsuits from more directions. While traditional plaintiffs law firms remain the primary filers, the barrier to entry for individuals has dropped significantly. Someone with a disability who encounters an inaccessible website can now use AI to generate a complaint in minutes.
Some courts have begun sanctioning pro se litigants for AI misuse, and at least one federal judge has banned AI use in court filings entirely. But these responses are still developing, and the volume of AI-assisted complaints will likely continue growing through 2026.
Lawsuits Will Expand Into More States Beyond the Big Three
The EcomBack data suggests yes. While New York, Florida, and California still account for over 74% of ADA website lawsuits, other states are seeing rapid growth. Illinois jumped to 237 lawsuits in the first half of 2025, representing nearly 12% of total filings. Missouri and Minnesota are also seeing increased activity.
This expansion happens for a few reasons. First, new plaintiffs lawyers are entering the space. Second, existing law firms are finding opportunities in jurisdictions less familiar with their racket. Third, some states like Colorado and Texas have their own state level digital accessibility laws.
Shopify Stores Will Remain a Top Target for Litigation
According to EcomBack, Shopify stores accounted for 32.42% of lawsuits by platform in early 2025, second only to custom-coded websites at 34.73%. This pattern will continue because Shopify hosts a massive number of ecommerce stores and ecommerce remains a primary target industry.
The top two industries sued are restaurants, food, and beverages (30.49%) and lifestyle, fashion, and apparel (28.80%). Many businesses in these categories operate on Shopify.
The platform itself isn’t the problem. Shopify provides full code access, which means stores can be made fully accessible. The issue is that most store owners:
- Use third-party themes that weren’t built with accessibility in mind
- Install apps and plugins that introduce accessibility issues
- Don’t know accessibility requirements exist until a demand letter arrives
Accessibility Widget Use Will Continue to Decline
The combination of continued lawsuit data and regulatory action is finally breaking through the widget marketing.
People only buy widgets because they think they will somehow prevent a lawsuit. As more stories of widgets not stopping lawsuits spread through Reddit and Facebook communities, widget sales will suffer.
In the first half of 2025, EcomBack reported that 456 lawsuits (22.64% of total filings) targeted websites with accessibility widgets installed. Lawsuits against widget-equipped sites increased every month compared to the same period in 2024, with May and June nearly doubling year-over-year.
The FTC’s million-dollar settlement with accessiBe in 2025 for misleading marketing claims delivered another blow. The settlement made clear that marketing widgets as ADA compliance solutions is deceptive when those widgets don’t actually make websites accessible.
Website owners who previously purchased widgets based on marketing promises are seeing that those widgets didn’t prevent lawsuits. Word has spread through industry forums, Reddit threads, and peer conversations. The data is now too clear to ignore.
Website owners with widgets installed should plan to remove them and invest in actual remediation. Having a widget installed can actually attract attention from plaintiffs lawyers who view it as a signal that a website is inaccessible.
AI Will Help Website Owners Track and Fix Accessibility Issues
While AI is enabling more pro se lawsuits, it’s also helping website owners manage compliance more effectively. Platforms like Accessibility Tracker use AI to help teams work through accessibility issues identified in audit reports.
When website owners receive an audit report documenting accessibility issues, tracking progress toward full WCAG conformance can be overwhelming. Accessibility Tracker lets teams upload their audit report and converts it into a trackable project. The platform extracts every issue, associates it with the relevant WCAG success criterion, and calculates risk scores based on how frequently each issue type appears in lawsuit complaints.
AI within the platform can help teams understand technical issues and suggest approaches for remediation. This is different from widgets that claim to fix issues automatically. Accessibility Tracker helps humans do the work correctly rather than attempting to replace manual remediation.
The platform tracks issues through stages: Not Started, In Progress, Completed, Validated, Needs Work, On Hold, and Discarded. Real-time dashboards show compliance percentages based on actual progress, not just scan results.
For website owners facing the prospect of more lawsuits in 2026, having a systematic way to track and verify accessibility fixes provides both practical benefits and documentation that can help in defense if litigation occurs.
Total Lawsuit Filings Will Exceed 5,500 in 2026
If the 37% year-over-year increase from EcomBack’s early 2025 data continues, total annual lawsuits could exceed 5,500 federal filings in 2026. Adding the 40% increase in pro se filings that Seyfarth Shaw documented could push numbers even higher.
This doesn’t include demand letters resolved privately, which some estimates suggest outnumber filed complaints by 7 to 10 times. The addition of Title II litigation against public entities represents another potential source of increased filings.
Website Owners Must Act Now to Reduce Risk
The pattern is clear: lawsuits are increasing, targets are expanding, and AI is lowering the barrier for individuals to file complaints. Waiting until after receiving a demand letter costs more in legal fees and creates worse outcomes than proactive compliance.
For private businesses under Title III:
- Get a manual accessibility audit, not just a scan
- Use a tracking platform like Accessibility Tracker to manage remediation systematically
- Fix issues in order of risk, starting with alt text, forms, and keyboard navigation
- Remove accessibility widgets and invest in actual fixes
- Post an accessibility statement with contact information
For public entities under Title II:
- The April 2026 deadline is firm for populations over 50,000
- Begin WCAG 2.1 AA conformance work immediately
- Inventory all web content, mobile apps, and documents
- Budget for audit, remediation, and training services
The best time to address accessibility was before lawsuits started increasing. The second-best time is now.
FAQ
Will the DOJ start enforcing Title II web accessibility in 2026?
The DOJ could pursue enforcement actions against public entities that miss compliance deadlines, but private lawsuits from plaintiffs lawyers will likely outpace government enforcement. The DOJ has historically focused enforcement on larger, high-profile entities.
Are small businesses exempt from ADA website requirements?
No. The 15-employee threshold applies only to Title I employment provisions. Title III public accommodation requirements apply to businesses of all sizes. Small businesses can face lawsuits regardless of their size or revenue.
Does being WCAG conformant guarantee I won’t be sued?
No guarantee exists, but WCAG 2.1 AA conformance significantly reduces lawsuit risk. Plaintiffs lawyers typically look for clear accessibility failures. A conformant website with documentation from a manual audit provides strong defense evidence if litigation occurs.
Should I remove my accessibility widget now?
Yes. Having a widget installed doesn’t prevent lawsuits and may attract attention from plaintiffs lawyers. Removing the widget and investing in actual remediation provides better protection. If budget is limited, prioritize fixing the highest-risk issues manually.
How long does it take to make a website WCAG conformant?
Most websites take 2-4 months to reach full WCAG 2.1 AA conformance through audit and remediation services. Complex sites with multiple applications or large document libraries can take longer. Starting immediately is essential given current lawsuit trends.
