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Compliance

United States

In the US, website accessibility is enforced mostly through lawsuits: 3,117 federal ADA website suits in 2025, plus state claims such as the Unruh Act. InclusiveWeb helps you find and fix WCAG 2.1/2.2 AA issues before a demand letter does.

Laws & Standards — United States

ADA Title II/III

Title III covers businesses open to the public, and courts apply it to websites. A private suit brings a court order to fix the site and the plaintiff's attorney's fees; DOJ civil penalties go up to $118,225 for a first violation. Title II covers state and local governments: WCAG 2.1 AA by April 26, 2027 (50,000+ population) or April 26, 2028.

Section 508

Applies to federal agencies and the ICT they buy. The 2017 refresh (36 CFR 1194) adopts WCAG 2.0 Level A and AA; contractors meet it through procurement requirements.

Frequently Asked Questions

Can my business be sued over an inaccessible website?
Yes. Seyfarth Shaw counted 3,117 federal website accessibility lawsuits in 2025, up 27% from 2024, most of them in New York, Florida and Illinois. Under ADA Title III the plaintiff can win a court order to fix the site plus attorney's fees; damages come from state laws.
Is WCAG legally required for private websites?
The ADA does not name a technical standard for private businesses, and the DOJ has no Title III web regulation. In practice, plaintiffs, courts and settlements measure websites against WCAG, usually 2.1 Level AA, the same standard the DOJ chose for state and local governments.
What are the ADA Title II deadlines now?
An interim final rule of April 20, 2026 moved them to April 26, 2027 for public entities serving 50,000 or more people, and April 26, 2028 for smaller ones and special districts. The standard stays WCAG 2.1 AA. A lawsuit challenging the delay (NFB v. DOJ) was filed in May 2026.
Do state laws add damages?
Yes. California's Unruh Act sets at least $4,000 in statutory damages per violation plus attorney's fees, and an ADA violation is also an Unruh violation. California courts have narrowed claims against online-only businesses, so exposure depends on the facts. New York state and city laws are also used in website claims.
Does an accessibility widget make a site ADA compliant?
No single tool does. A widget such as our panel adds personal settings for visitors, but barriers in the code still have to be fixed: that is what the audit and Autofix are for, with manual testing for what automation can't judge.

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Checked against

WCAG 2.1/2.2 AA
ADA Title II
Section 508