Why Digital Accessibility Plaintiffs Are Turning to State Courts in 2025

The first half of 2025 brings no surprises when it comes to digital accessibility lawsuits. According to the UsableNet 2025 Midyear Report, lawsuits are projected to increase 20% over 2024, if filings from the first half of the year continue at their current pace. The report tallies digital accessibility lawsuits filed in both federal and state courts, many of which overlap. One significant takeaway from the report is that not all of these lawsuits are based on the Americans with Disabilities Act (ADA) at a federal level. Increasingly, digital accessibility lawsuits are being filed at the state level in addition to–and sometimes instead of–the federal level. There are several theories as to what’s driving this increase.

1. More Favorable Remedies at the State Level

While the federal ADA permits only injunctive relief and attorneys’ fees, many state statutes—such as California’s Unruh Act or New York’s civil rights laws—allow plaintiffs to pursue monetary damages. California’s Unruh Act, for instance, authorizes damages of $4,000 per violation, and New York and Florida also offer punitive damages. These financial incentives are powerful motivators, transforming state court actions into more attractive options for plaintiffs and their firms. Additionally, state courts can impose cumulative penalties when multiple violations affect different aspects of the website or mobile application,multiplying the potential payout as a result. For serial plaintiffs and law firms, this turns accessibility enforcement into a highly lucrative legal strategy.

2. Active Plaintiff Firms

New York alone filed roughly 369 claims in Q1 2025, nearly 38% of all ADA website lawsuits nationwide. A small group of law firms are responsible for the majority of lawsuits in these jurisdictions, capitalizing on local statutes and sympathetic legal climates. Because state laws protect state residents, defendants can be located anywhere. This allows law firms in just a few states to file hundreds of lawsuits nationwide. However, new firms are entering this space each quarter, targeting industries like retail, food service, and healthcare, where customer-facing websites and portals are essential to daily business operations.

3. Federal-Level Cases File at State Level, Too

Part of the increase of state-level lawsuits is from plaintiffs who are also filing federal ADA lawsuits. Many state laws, such as those in New York, California, and Florida, mirror or incorporate ADA standards, so proving an ADA violation also proves a state law violation. This allows plaintiffs to recover court costs and legal fees at the federal level, as well as punitive damages at the state level. Filing claims in both jurisdictions also strengthens plaintiffs’ legal positions, as it opens multiple avenues for relief while putting greater pressure on organizations to settle quickly to avoid drawn-out litigation and increased legal costs.

What This Means for Businesses

It’s not just the federal lawsuits that organizations need to be concerned with. It’s possible for an organization to be considered accessible under the ADA but fail to be accessible by a state court’s standards. Alternatively, an organization could be considered inaccessible under both the ADA and state law, thereby subjecting it to two lawsuits simultaneously. The best defense is an accessible website and digital resources.

Nina Overdorff

Nina comes to Equidox with years of sales and marketing experience from a variety of industries and holds a BS in Language Arts Education. Nina has a passion for words, storytelling, and information, which she believes everyone should have access to regardless of ability. After spending time as a teacher with a blind student, she became much more aware of the limitations and abilities of web accessibility, and how essential it is to those experiencing disabilities. “Being able to access information equally ensures that everyone has an equal opportunity for education, employment, and success in life.”