2025 Accessibility Litigation Predictions: What to Expect

Litigation Volume Forecast

Based on current trends, 2025 is expected to see increased digital accessibility litigation. If patterns continue, filing rates will remain substantial. This acceleration reflects multiple converging factors: established litigation infrastructure, refined plaintiff strategies, growing legal precedent, and strong economic incentives for plaintiff attorneys.

Legal experts indicate that accessibility litigation will likely continue growing year-over-year. Organizations should plan for accessibility as an ongoing business priority rather than a one-time compliance project.

Most concerning for organizations: current remediation capacity cannot keep pace with litigation growth. Skilled accessibility consultants, developers, and testers remain in short supply. Organizations seeking remediation in 2025 may face significant project delays and premium pricing for limited accessibility expertise.

Legal Disclaimer

A11yscan is not a law firm and does not provide legal advice. We operate under best practices based on WCAG Guidelines, ADA requirements, and applicable jurisdictions. Courts don't always agree on terms and expectations for web accessibility, and legal standards can vary by jurisdiction. However, an accessible website works better for all users regardless of legal requirements. For specific legal guidance, consult with a qualified attorney specializing in accessibility law.

Emerging Litigation Frontiers

Artificial Intelligence and Generative Content

AI-generated content and AI-powered interfaces represent an emerging litigation frontier. Questions about accessibility for AI chatbots, AI-generated images without alt text, and AI interfaces with accessibility barriers will likely trigger litigation. Organizations haven't established accessibility standards for AI features, creating numerous potential compliance gaps.

Industry experts anticipate that accessibility requirements for AI-powered features will emerge as a significant litigation area. Organizations should proactively address AI accessibility.

Voice Interfaces and Smart Speakers

As voice interfaces proliferate, accessibility questions will emerge regarding voice-only interfaces and voice-activated commerce. Voice interface accessibility represents a developing area of legal attention.

Mobile App Accessibility

While websites have faced substantial litigation, mobile apps remain a developing area of legal focus. Legal precedent clarifying that apps must meet accessibility standards will likely drive increased mobile app litigation. Organizations with mobile applications should prioritize accessibility compliance.

Third-Party Tool Liability

Websites increasingly rely on third-party tools (analytics, advertising networks, chat widgets). Litigation will likely address responsibility for accessibility barriers created by third-party tools. This evolving area could shift accountability from website owners to tool developers.

Accessibility Overlays and Automated Solutions

Multiple lawsuits have already challenged accessibility overlay solutions. 2025 will likely see continued litigation questioning the efficacy of overlay-based compliance approaches. Organizations using overlays should understand this emerging legal challenge.

Geographic Expansion and New Hotspots

Multi-State Litigation Strategies

Plaintiff attorneys are increasingly pursuing coordinated multi-state litigation strategies. Rather than scattered individual cases, expect organized campaigns targeting specific industries or company types across multiple jurisdictions simultaneously.

International Expansion

The European Accessibility Act, UK Digital Accessibility Regulations, Canada's Accessible Canada Act, and similar international requirements create international litigation risk. Organizations with international presence should understand varying global accessibility requirements.

State-Specific Vulnerabilities

Different states have different accessibility laws and judicial interpretations. Organizations should understand jurisdiction-specific exposure based on where customers are located and where they operate.

Industry-Specific Vulnerabilities

Social Media Platforms: Potential Litigation Target

Social media platforms have received less accessibility litigation attention than other industries. Core platform accessibility (timeline, messaging, content creation) and creator tools present accessibility questions. Industry experts anticipate this area will receive increased litigation attention.

Job Boards and Hiring Platforms

Inaccessible hiring platforms exclude disabled workers from employment opportunities. As organizations recognize this issue, litigation targeting recruiting sites and applicant tracking systems will likely increase.

Online Education Platforms

E-learning platforms have retained significant accessibility gaps. As regulatory attention increases, expect continued enforcement against educational technology companies and universities regarding learning management system accessibility.

Cryptocurrency and Fintech

Cryptocurrency exchanges and fintech applications have received limited accessibility oversight. These platforms' complex interfaces present accessibility barriers that will likely trigger litigation and regulatory attention.

Government Services: Accelerating Enforcement

Federal and state governments will likely continue enforcement against inaccessible government websites and services. The Department of Justice will likely continue monitoring government accessibility.

Plaintiff Strategy Evolution

Coordinated Campaign Strategies

Plaintiff advocacy organizations are increasingly coordinating organized campaigns targeting specific industries or company types simultaneously across multiple jurisdictions.

Public Company Targeting

Litigation will increasingly focus on publicly traded companies because public company accessibility liability affects shareholder value and attracts media attention. Expect accessibility to become a shareholder activism issue.

Enhanced Settlement Strategies

Sophisticated plaintiffs will bundle accessibility claims with other legal theories, creating maximum settlement pressure. Defending against bundled claims increases litigation costs, incentivizing settlement.

Likely Legislative Developments

State-Level Legislation

Additional states will likely address digital accessibility through legislation. Expected: continued state-level legislative activity regarding web and digital accessibility requirements.

Federal Regulatory Evolution

Federal accessibility standards (particularly Section 508) may see updates addressing newer technologies and accessibility requirements. Federal agencies will likely continue monitoring digital accessibility compliance.

Platform Accountability Considerations

Legislation addressing platform accountability and social media regulation may include accessibility components.

2025 Preparation Recommendations

Immediate Actions (Q4 2024 - Q1 2025)

  • Conduct comprehensive accessibility audit to identify current vulnerabilities
  • Prioritize remediation based on severity and litigation risk
  • Establish accessibility governance structure and standards
  • Hire or designate accessibility leadership

Mid-Year Actions (Q2-Q3 2025)

  • Complete remediation of highest-risk vulnerabilities
  • Implement accessibility testing into development processes
  • Train development and design teams on accessibility
  • Monitor emerging legal theories and litigation patterns

Ongoing Commitments

  • Maintain documentation of accessibility efforts
  • Conduct quarterly accessibility audits
  • Update accessibility policies as standards evolve
  • Establish procedures for accessibility feedback and remediation

Key Takeaways

  • Expect accessibility litigation to remain a significant business concern in 2025.
  • Emerging litigation frontiers include AI interfaces, voice controls, mobile apps, and accessibility overlays.
  • Multi-state coordinated litigation strategies are likely.
  • Social media platforms, job boards, and fintech represent emerging industry vulnerabilities.
  • Class action litigation will likely continue evolving.
  • International accessibility requirements create new geographic exposure.
  • Settlement amounts and enhanced damages for willful non-compliance will likely continue.
  • Organizations must establish accessibility governance and demonstrate sustained commitment.

Resources

Prepare for 2025 Now

Don't wait for increased litigation. Get a comprehensive accessibility audit and establish your remediation plan before 2025 litigation volume increases.