Honey, Where’s my Sue-per Suit?: ADA Lawsuits

By Haley LaRose

The Americans with Disabilities Act, or ADA, is the cornerstone of disability law. It works to protect people with disabilities in all areas of public life, covering transportation, State and local government, public businesses, and more. However, ADA violations are unfortunately common, and often lead to conflict and in some cases, lawsuits. The process of filing these lawsuits depends on the section of the ADA violated, meaning some violations cannot be solved solely through private lawsuits. Title III, which applies to public accommodations, is a major focus of ADA lawsuits, particularly due to increases in “Drive-by” and Website Accessibility lawsuits. To understand these lawsuits, it is first important to understand Title III of the ADA.

What is the ADA?

The ADA is a far reaching federal act that protects individuals with disabilities in all areas of public life. There are five Titles in the ADA, covering areas such as employment, businesses, and internet services [1]. Title I of the ADA focuses on employment, Title II focuses on State and local government services and transit, Title III focuses on public businesses and nonprofits, Title IV focuses on telecommunications, and Title V provides additional requirements on how best to implement the law [1]. While there is not a complete list of all disabilities covered by the ADA, it does provide a list of possible protected conditions on the ADA website and a general definition of disability as “a physical or mental impairment that substantially limits one or more major life activities” [1]. The ADA applies to anyone with a disability, with a history of disability, or being perceived as having a disability.

Most ADA violation reporting occurs by filing a report with the ADA through their website. This may include private businesses or public government entities [2]. Complaints may also be filed through the mail and sent to the U.S. Department of Justice Civil Rights Division Headquarters [2]. Complaints may be referred to the ADA Mediation program, a different federal agency, or an investigation for settlement or lawsuit. However, due to the volume of complaints received, the ADA cannot investigate every complaint they receive [2]. Individuals may also bring private lawsuits against private businesses under Title III of the ADA under the Civil Rights Act of 1964 [3]. Still, there are some restrictions on these Title III lawsuits.

Federal ADA Title III Lawsuits

Title III lawsuits may occur both through the Department of Justice (DOJ) or through private parties, unlike other Titles of the ADA. The DOJ handles Title III complaints and lawsuits as it does other complaints, taking the time to review them when possible and refer the complaint to the best mode of resolution. This process can take up to 3 months due to the many complaints the ADA receives [2]. If the DOJ chooses to bring a lawsuit against a business based on a private party’s complaint, they do not represent the party or act as their attorney [4]. The DOJ may also bring civil lawsuits against any person or group that is “engaged in a pattern or practice of discrimination” in violation of Title III, or any discrimination that has occurred and “raises an issue of general public impotence” [5]. These suits may result in either a court order to amend the violation or a civil penalty of $75,000 to $100,000 [5]. 

If the DOJ decides not to investigate a claim or start a case against a violation, the private party who submitted the claim may also file a private lawsuit themself. If an individual decides to file a private lawsuit, they may receive relief through a remedy of the violation (such as adding a ramp or removing a barrier), however they cannot receive financial damages [3]. In some cases, a court may also award reasonable attorney fees to the plaintiff [3]. The specifics of damages may also vary state to state, however are standardized in this manner at the federal level. Private party lawsuits have been steadily increasing over time, with 2025 seeing a rise of 7% from the previous year [6]. This has led to an increase in “drive-by lawsuits” under Title III of the ADA, drawing criticism from both business owners and disabled individuals.

“Drive-by” Lawsuits

“Drive-by” lawsuits refers to the phenomena where the same litigators open hundreds of ADA cases by driving to businesses specifically looking for ADA violations [7]. Although the plaintiffs may not be able to receive financial settlements from winning the lawsuit, the attorney receives legal fees whether through a settlement or a verdict. These lawsuits are often more harmful than they are helpful to enforcing the ADA due to their costly nature. Repaying legal costs is often more expensive than solving the violation, and in some cases there is no grace period named for fixing the violation. This can lead violating businesses to focus on litigation rather than going to court and having to repay more expensive legal fees in order to stay afloat [7]. In the end, this benefits the attorney by giving them money without as much time, while leaving businesses with no extreme pressure to immediately fix the violation.

These lawsuits can also harm the plaintiffs themselves. There is a current California firm being sued by its former plaintiffs after taking on over 600 ADA cases [7]. The firm recruited disabled individuals to assess various sidewalks and were told the firm would warn the businesses to comply before suing. However, the firm went straight into lawsuits that did not benefit the end goal or the plaintiffs [7]. The current proposed solution to mitigate “Drive-by” lawsuits is to introduce federal legislation that requires notice before filing a lawsuit [8]. This would give businesses time to amend the violation before facing a costly lawsuit, while also forcing them to fix the violation. While this legislation is not yet in place, there are active efforts to enact it.

Rise in Website Accessibility Lawsuits

Recently, ADA lawsuits have focused on web accessibility. When the ADA was first enacted in 1990, technology and the internet was nowhere near the level it is today. While Title III has been amended to include new technology, website accessibility lawsuits are still on the rise. Despite strides being made, it took until April of 2024 to establish a major unifying standard for governmental website and mobile applications [9]. Despite more general updates in 2022, there is still a lack of this standard for businesses under Title III. Most cases have been solved through litigation and few have gone to court. Still, these lawsuits prove a major issue for businesses in a constantly adapting world, underscoring the necessity of an all inclusive technological ADA update.

The June 2024 new ADA rule created by the DOJ set technical requirements for state and local government entities to increase mobile application and website accessibility under Title II. All state and local government entities must be completely compliant with the new rules by April 26, 2027 for populations of over 50,000 and April 26, 2028 for populations of under 50,000 [10]. A resource on how to comply with the new standard is available on the ADA website. Some of the new standards include alternative text under pictures for blind users, clear headings for assistive technology, and clearly laid out tables [10]. While these rules are a great first step to increasing technological accessibility, there is still a long way to go. Individuals with disabilities deserve access to all websites, not just governmental entities. The implementation of these rules will be a great first step in understanding how to increase website accessibility.

Conclusion

Although the DOJ cannot investigate every ADA complaint they receive, their investigative system is not the end of the road if one is facing an ADA violation. Under Title III, private parties are able to file their own lawsuit. While they may not be able to receive monetary damages, winning cases can see a court order for a business to fix a violation and compensation for attorney fees. These private lawsuits can be both positive and negative for the disabled community. Recent upticks in website accessibility lawsuits have led to slow increases in technological accessibility rules under the ADA. On the flip side, this system can also lead to abuse, with “Drive-by” lawsuits being used to exploit the ADA for money from businesses. No matter the circumstance, when filing a federal lawsuit with the ADA, it is critical for one to be vigilant and seek legal advice whenever possible.

Sources

[1] U.S. Department of Justice Civil Rights Division. (2025). Introduction to the Americans with Disabilities Act. In ADA.gov. https://www.ada.gov/topics/intro-to-ada/

[2] File a complaint. (n.d.). In ADA.gov. https://www.ada.gov/file-a-complaint/

[3] Disability rights Bar Association Best Practices for the litigation of title III cases 1. (n.d.-a). https://disabilityrights-law.org/wp-content/uploads/2023/02/best-practice-guidelines-litigation-title3.pdf

[4] Enforcing the Americans with Disabilities Act | ADA National Network. (2025). In Adata.org. https://adata.org/factsheet/enforcing-the-ADA

[5] ADA. (2012). Americans with Disabilities Act Title III regulations. In ADA.gov. https://www.ada.gov/law-and-regs/regulations/title-iii-regulations/

[6] publiclawlibrary.org. (2025, September 4). Mid-year ADA title III lawsuit filings show steady increase, California leads with highest numbers – PublicLawLibrary.Org. Publiclawlibrary.Org. https://publiclawlibrary.org/mid-year-ada-title-iii-lawsuit-filings-show-steady-increase-california-leads-with-highest-numbers/

[7] Drive-by lawsuits and the abuse of the Americans with Disabilities Act. (n.d.-b). In American Legislative Exchange Council. https://alec.org/article/drive-by-lawsuits-and-the-abuse-of-the-americans-with-disabilities-act/

[8] A response to drive-by lawsuits – equal rights center. (2017). https://equalrightscenter.org/response-drive-lawsuits/

[9] Digital accessibility under title III of the ADA: Recent developments and risk mitigation best practices. (2025a). In Americanbar.org. https://www.americanbar.org/groups/business_law/resources/business-law-today/2025-august/digital-accessibility-under-title-iii-ada/

[10] State and local governments: First steps toward complying with the Americans with Disabilities Act Title II web and mobile application accessibility rule. (2025c). In ADA.gov. https://www.ada.gov/resources/web-rule-first-steps/

[11] Understanding the new ADA web accessibility requirements for state and local governments – coates” canons. (2026). In Unc.edu. https://canons.sog.unc.edu/blog/2026/01/14/understanding-the-new-ada-web-accessibility-requirements-for-state-and-local-governments/