What is ADA Title III?
ADA Title III prohibits discrimination by private entities in the provision of goods or services. The law applies to any business open to the public—which courts have increasingly interpreted to include websites and digital services. Title III covers private businesses but does NOT cover: For more information, visit the official ADA web accessibility guidance.
Federal government agencies (covered by Section 508)
State and local governments (covered by Title II)
Private clubs or religious organizations (limited exceptions)
The WCAG 2.1 Level AA Standard
While the ADA itself doesn't mandate a specific technical standard, the Department of Justice and most courts recognize WCAG 2.1 Level AA as the appropriate benchmark for web accessibility compliance. The WCAG 2.1 Quick Reference provides detailed success criteria.
4.5:1 color contrast ratio for text
Keyboard navigation through all content
Alt text for images
Captions and transcripts for video
Proper heading hierarchy
Screen reader compatibility
Form labels and error identification
The Current Litigation Landscape
Since 2008, thousands of accessibility lawsuits have been filed against private businesses under Title III. While the legal standard remains unsettled, several consistent patterns have emerged: For verified data on accessibility lawsuits, see the ADA Title III Litigation Database.
Retail and e-commerce websites face the most litigation
Banks and financial services are frequently targeted
Restaurant and hospitality websites continue to be sued
Settlement amounts typically range from $5,000 to $50,000
Attorney fees can exceed the settlement amount
Practical Compliance Requirements
To comply with ADA Title III, organizations should: The Equal Employment Opportunity Commission (EEOC) enforces Title III for private businesses.
Ensure all website content is keyboard accessible
Provide alt text for all meaningful images
Use semantic HTML structure
Test with screen readers (NVDA, JAWS, VoiceOver)
Maintain 4.5:1 color contrast minimum
Support browser zoom up to 200%
Designate an accessibility coordinator
Conduct regular accessibility audits
Establish a process for receiving and responding to accessibility complaints
Train staff on accessibility best practices
Include accessibility in procurement decisions
What Happens If You Violate Title III?
Violations of ADA Title III can result in: Additionally, negative publicity and loss of customers can compound financial impact. Learn more at Department of Justice Title III guidance.
Damages of up to $75,000 for the first violation
Damages of up to $150,000 for subsequent violations
Attorney fees (often exceeding actual damages)
Injunctions requiring website remediation
Court-ordered accessibility improvements
Audit Your ADA Compliance
Understand your current accessibility status and exposure to Title III liability.