For years, businesses have approached digital accessibility as a simple checkbox exercise: audit and fix the website, and the job is done. However, that era has come to an end. In 2024 and 2025, a sharp increase in accessibility lawsuits has made it clear that expectations now extend far beyond the company website, and this trend is rapidly evolving.
The legal landscape is shifting, and companies must now ensure their entire digital presence is accessible. This includes mobile apps, videos, online forms, PDFs, and virtual events. Failure to comply with accessibility standards can result in lawsuits, harm customer trust, and damage brand reputation.
Here’s why simply “fixing the website” is no longer sufficient and what you need to do about it.
Accessibility Lawsuits: No Longer Just About Websites
Historically, digital accessibility lawsuits focused on websites. Plaintiffs argued that inaccessible websites violated Title III of the Americans with Disabilities Act (ADA), which prohibits discrimination by places of public accommodation. The legal logic was simple: in the digital age, a website is often the “front door” to a business.
Fast forward to today: the digital landscape is broader and more complex. Customers interact with brands through mobile apps, download digital documents, watch video content, register for webinars, and engage across countless touchpoints outside a traditional website.
And the law is catching up. Recent lawsuits have expanded the definition of digital spaces that must be accessible under the ADA, and plaintiffs’ attorneys are getting more aggressive.
Key trends driving this shift:
- The Department of Justice (DOJ) clarified that the ADA applies to web and mobile content, strengthening the case for non-website lawsuits.
- Court rulings increasingly support the idea that any digital offering that serves as a customer-facing service must be accessible.
- Advocacy groups have broadened their focus beyond websites to digital ecosystems as a whole.
Mobile Apps Are a Growing Lawsuit Target
In 2024, lawsuits related to inaccessible mobile apps increased. Apps that don’t work with screen readers, have unlabeled buttons, or require complex gestures without alternatives are being challenged under the ADA and similar state laws.
Common mobile app accessibility issues that spark lawsuits include:
- Missing alternative text for images and icons
- Poor screen reader compatibility
- Complex navigation is not usable via keyboard or voice controls
- Inaccessible mobile forms (especially during checkout or account signup)
- Videos embedded in apps without captions or transcripts
Why mobile apps are now a top target:
- Consumers are increasingly relying on mobile apps for banking, shopping, healthcare and other purposes.
- Apps are often updated separately from websites, leading to inconsistent accessibility.
- Many companies mistakenly assume that a mobile app isn’t subject to the same rules as a website.
Takeaway: If your app isn't tested for accessibility and regularly updated for compliance, you're inviting trouble.
Video Content Without Captions Is High Risk
Videos are everywhere, from promotional clips on social media to training webinars on company websites. But if those videos lack accurate captions or audio descriptions, they likely violate accessibility laws.
Video accessibility lawsuits are rising because:
- The DOJ reaffirmed that video content must be accessible under the Americans with Disabilities Act (ADA).
- The FCC’s rules about closed captioning on television have spilled over into expectations for online video.
- A growing body of case law supports the argument that a lack of video captions is discriminatory
Typical violations:
- No closed captions
- Poor-quality or auto-generated captions that don’t accurately reflect the audio
- No audio descriptions for important visual information
It’s not enough to rely on YouTube’s auto-captions or assume that your video’s visuals speak for themselves. Properly captioned and audio-described content is now a must, not a nice-to-have.
PDFs, Forms, and Digital Documents: Hidden Landmines
Many brands still treat PDFs, downloadable brochures, online forms, and other digital documents as secondary to the website. However, plaintiffs' attorneys now actively scan websites looking for inaccessible PDFs and forms.
Common accessibility failures in PDFs and documents include:
- Lack of text tagging, making documents unreadable by screen readers
- Inconsistent heading structure
- Missing alt text for images
- Fillable forms that do not function using a keyboard or screen reader
Examples of high-risk documents:
- Application forms
- Healthcare intake forms
- Financial statements
- Terms and conditions documents
- Event registration packets
Demand letters often cite specific inaccessible PDFs or forms, and settlements can require extensive retrofitting—or even complete redesign—of your digital documentation processes.
Tip: Treat every PDF and online form with the same care and rigor you apply to your website.
Virtual Events Are the New Frontier
The pandemic-era boom in virtual events has created a permanent shift in how companies host webinars, conferences, and workshops. However, virtual event platforms often fall short on accessibility, and lawsuits are following.
Key accessibility gaps in virtual events:
- No live captioning or ASL interpretation
- Inaccessible registration forms
- Platforms that are not screen reader-friendly
- Failure to provide transcripts or accessible recordings after the event
Virtual events are now seen as public accommodations under the ADA. If your event excludes attendees with disabilities, you could face legal action.
Proactive steps include:
- Hiring real-time captioners (not just relying on AI-generated captions)
- Providing sign language interpreters upon request
- Ensuring the event platform meets WCAG (Web Content Accessibility Guidelines) standards
The Bigger Picture: Accessibility as a Business Imperative
The shift toward non-website accessibility lawsuits isn’t a passing trend. It reflects a deeper, irreversible shift in how consumers expect businesses to operate in a digital-first world.
Accessibility is no longer about checking a box to avoid penalties; it’s a business imperative tied directly to brand reputation, customer loyalty, and market share. Companies that continue to treat accessibility as a one-time project aimed only at their websites are already falling behind.
Today's customers expect seamless experiences across every touchpoint. Regulators are paying closer attention. Competitors are investing heavily in inclusive design. Waiting until after a demand letter arrives is not a strategy; it's a liability.
Those who build accessibility into the DNA of their operations will not only avoid lawsuits, they'll win customer trust, differentiate themselves in crowded markets, and position their brands for long-term growth.
Moving Forward: Building a Resilient, Inclusive Digital Presence
The companies best equipped to navigate this new reality aren’t the ones that scramble reactively. They’re the ones that view accessibility as a continuous, evolving part of how they serve every customer, every day.
The path forward demands three things:
- Vision: Recognize accessibility as integral to innovation, not just compliance.
- Commitment: Invest in the people, processes, and technologies that enable sustainable accessibility at scale.
- Action: Conduct a comprehensive audit, remediate effectively, educate your teams, and evolve in line with industry standards.
Accessibility isn’t a checkbox. It’s a mindset. And in today’s legal and digital climate, it’s the mindset that will separate brands that thrive from those that merely survive.
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