Summary
If you sell online in the US, website accessibility is no longer a nice-to-have. More than 5,000 digital accessibility lawsuits were filed in 2025, and nearly 70% of them targeted eCommerce stores. Most of those stores were not big brands.
There is still no official ADA rule for private websites, but courts expect WCAG 2.1 or 2.2 Level AA. Overlays and widgets do not get you there. A proper audit and fix plan does, and it tends to lift conversions too.
Introduction
More than 1 in 4 US adults, over 70 million people, report having a disability, according to the CDC. That includes people who are blind or have low vision, people who cannot use a mouse, people who are deaf or hard of hearing, and people with cognitive or learning disabilities.
Many of them shop online every day using screen readers, keyboards, voice control or zoom. When a product image has no description, a size selector cannot be reached by keyboard, or a checkout error is shown only in red, they cannot buy. They leave, and some of them sue.
This guide explains what the law expects from an online store in 2026, which standard to follow, and what to fix first, with a practical checklist.
Table of Contents
- Why are online stores being sued over accessibility?
- What does the ADA require from an online store?
- Should you follow WCAG 2.1 or WCAG 2.2?
- Do you need to comply if you sell to Europe?
- Can an accessibility widget make your store compliant?
- The 2026 eCommerce accessibility checklist
- How do you audit your store for accessibility?
Why are online stores being sued over accessibility?
Because the numbers make it a steady business for plaintiffs’ firms. The 2025 lawsuit data shows where the risk sits:
- More than 5,000 digital accessibility lawsuits were filed in 2025
- eCommerce accounted for nearly 70% of ADA website lawsuits
- 64% of defendants had annual revenue under $25 million
- 1,427 lawsuits targeted companies that had already been sued before
- New York, Florida and California see the most filings
Being small does not keep you off the radar, and settling once does not end the risk if the site stays inaccessible.
What does the ADA require from an online store?
Title III of the Americans with Disabilities Act bans discrimination by “places of public accommodation”. The law was written in 1990, before online shopping existed, so it never mentions websites. Courts have filled the gap. Most now treat an online store as covered, especially when it is connected to a physical business. In 2019 the US Supreme Court declined to hear Domino’s appeal of a Ninth Circuit ruling that its website and app had to be accessible.
The Department of Justice has never published a technical rule for private business websites, and its Title III rulemaking is now paused. In practice, plaintiffs, judges and settlements all point to the same benchmark: the Web Content Accessibility Guidelines (WCAG) at Level AA.
What about the new DOJ rule?
In 2024 the DOJ issued a rule under Title II of the ADA requiring WCAG 2.1 AA. It covers state and local government websites, not private stores, and its deadlines were extended in April 2026 to April 2027 for large entities and April 2028 for smaller ones. It still matters to you, because it confirms WCAG 2.1 AA as the standard regulators expect.
Should you follow WCAG 2.1 or WCAG 2.2?
Follow WCAG 2.2 Level AA. It includes everything in 2.1, so meeting it covers both. WCAG is built on four principles: content must be perceivable, operable, understandable and robust enough to work with assistive technology.
- WCAG 2.1 AA. The level most lawsuits, settlements and government rules reference today.
- WCAG 2.2 AA. Published in October 2023, it adds nine new criteria. Several matter for stores, such as larger tap targets, keyboard focus that is not hidden by sticky headers, and logins that do not rely on memory puzzles.
Do you need to comply if you sell to Europe?
Yes, if you sell to consumers in the EU. The European Accessibility Act (EAA) has applied since June 28, 2025. It covers eCommerce services offered to consumers in the EU, wherever the seller is based.
Microenterprises with fewer than 10 employees and under EUR 2 million in turnover are exempt from most requirements. The practical standard is WCAG 2.1 AA, with WCAG 2.2 AA the safer target. If you ship to the EU, a US-only view of compliance is not enough.
Can an accessibility widget make your store compliant?
No. Overlays and one-line plugins promise instant compliance, but they do not deliver it. In 2025 the Federal Trade Commission ordered overlay vendor accessiBe to pay $1 million for claiming its AI tool could make any website WCAG compliant. Lawsuits against stores that use these widgets continued throughout 2025, often more than 100 a month.
A widget can be a helpful extra. It cannot fix missing alt text, broken keyboard navigation or an inaccessible checkout. Those need to be fixed in the theme and code.
The 2026 eCommerce accessibility checklist
This checklist is organised by the parts of a store where lawsuits usually start, not by WCAG rule numbers.
Navigation and keyboard access
- Every menu, filter, button and link works with the keyboard alone (Tab, Shift+Tab, Enter, Space, arrow keys)
- A visible focus outline shows where the user is, and it is never hidden behind a sticky header or chat widget (WCAG 2.2)
- A “Skip to main content” link appears first on every page
- Mega menus and dropdowns open and close by keyboard, and Escape closes them
Product images and media
- Every product image has alt text that describes the product, such as colour, style and key detail, not the file name
- Decorative images have empty alt text so screen readers skip them
- Product videos have captions, and videos with important visual information have a transcript or audio description
- Nothing auto-plays sound, and carousels can be paused
Product pages
- Size, colour and variant selectors are real form controls with labels, not coloured boxes with no name
- Price, stock status and sale price are read out correctly by screen readers
- “Add to cart” confirms the action in a way screen readers announce
- Size charts and zoomable images work without a mouse
Cart, checkout and account
- Every form field has a visible label, not just placeholder text
- Required fields say “required” in text, not only with an asterisk or colour
- Errors explain what went wrong and how to fix it, next to the field, and are announced to screen readers
- Customers are not asked to re-enter information they already gave in the same checkout (WCAG 2.2)
- Login does not rely on puzzles or memorising codes, and allows password managers and paste (WCAG 2.2)
- Payment, shipping and coupon steps work end to end by keyboard and with a screen reader
Colour, text and layout
- Text contrast is at least 4.5:1, and 3:1 for large text, buttons and form borders
- Colour is never the only signal, for example for sale prices, errors or stock status
- Pages still work when zoomed to 200% and on narrow screens without sideways scrolling
- Tap targets are at least 24 by 24 pixels, or spaced so they are easy to hit (WCAG 2.2)
Structure and content
- One H1 per page, and headings follow a logical order
- Links say where they go (“View shipping policy”, not “Click here”)
- Tables such as size charts use proper header cells
- The page language is set, so screen readers pronounce content correctly
Pop-ups and third-party tools
- Newsletter pop-ups, cookie banners and modals can be closed by keyboard, and focus returns to where the user was
- Review widgets, chat tools, payment fields and embedded maps are tested too. You are responsible for them on your site
- PDFs such as catalogues and size guides are accessible, or the same content is available as a web page
Policy and ongoing checks
- Publish an accessibility statement with a way to report problems
- Re-test after every theme update, plugin install or redesign
- Keep a record of audits and fixes. It shows good faith if a demand letter arrives
How do you audit your store for accessibility?
A useful audit combines three kinds of testing:
- 1. Automated scan. Tools like WAVE, axe or Lighthouse catch missing alt text, contrast failures and missing labels quickly. They find roughly a third of real issues, so they are a starting point, not a verdict.
- 2. Manual keyboard and screen reader testing. Someone walks through the real buying journey, from home page to order confirmation, using only a keyboard and then NVDA, JAWS or VoiceOver. This is where checkout and variant problems show up.
- 3. A prioritised fix plan. Issues are ranked by how badly they block a purchase, fixed in the theme, templates and plugins, then re-tested.
Our ADA and WCAG accessibility audit covers all three, and our engineers fix what we find in your code. Start with the pages that make money: product pages, cart and checkout. A redesign is also the cheapest time to get accessibility right, because building it into a new theme costs far less than retrofitting later. See our eCommerce website redesign services if you are planning one.
People also ask
Is my online store legally required to be ADA compliant?
The ADA does not name websites, but most US courts treat online stores as covered, and thousands of stores are sued every year. Following WCAG 2.1 or 2.2 AA is the accepted way to reduce that risk.
Does a small store need to worry?
Yes. In 2025, 64% of defendants had revenue under $25 million. Plaintiffs’ firms often target smaller stores because they are less likely to have been audited.
Does accessibility help SEO and sales?
Usually, yes. Clear headings, descriptive alt text, readable contrast and simple forms help search engines and every shopper, not only people using assistive technology.
Conclusion
Accessibility is now a basic requirement for selling online. The legal risk is real, especially for small and mid-sized stores, and the fix is not a widget. It is a store built and tested so that everyone can find a product, choose a size and check out.
Accessible stores are usually better stores. Clear labels, readable contrast, simple forms and fast keyboard paths help every shopper, and they tend to lift conversions and search visibility along the way.
If you are not sure where your store stands, get an ADA and WCAG accessibility audit from Virtina. We audit WooCommerce, Shopify, BigCommerce and Magento stores against WCAG 2.2 AA and fix what we find in the code, not with an overlay.
Frequently Asked Questions
Which version of WCAG should my store follow?
Aim for WCAG 2.2 Level AA. It includes all of WCAG 2.1 AA, which is what most lawsuits and regulations reference today.
Will an accessibility plugin or overlay make my site compliant?
No. Overlays cannot fix problems in your theme and code, and stores using them are still sued. The FTC fined one overlay vendor $1 million in 2025 for claiming otherwise.
Does the European Accessibility Act apply to US stores?
Yes, if you sell to consumers in the EU. It applies to eCommerce services offered in the EU wherever the business is based, unless you qualify as a microenterprise.
How often should I check my store for accessibility?
Run a full audit at least once a year, and re-test key pages after any theme update, new plugin or redesign.
Is this article legal advice?
No. It is general information about accessibility requirements. Speak to a qualified lawyer about your specific situation.

