1. Introduction: A Gentle Wake-Up Call
If you run an eCommerce store on Turbify, there's something you may not have thought much about - but in 2025, it's becoming impossible to ignore: website accessibility.Simply put, accessibility means making sure your website can be used by everyone, including people with disabilities. That includes customers who rely on screen readers, navigate by keyboard, or have visual or cognitive impairments.
Why is this important right now? Because the number of ADA-related lawsuits targeting websites—especially eCommerce sites - has been rising year after year. And small businesses are no longer flying under the radar.
This article isn't meant to scare you. But it is meant to help you understand:
- Why accessibility is becoming a legal and business priority
- What kinds of issues trigger lawsuits
- And how addressing accessibility now can help you reach more customers, improve your site, and avoid costly legal trouble
Let's take a look at what's going on.
2. The Legal Landscape: ADA Lawsuits Are on the Rise
Over the past few years, the number of lawsuits filed under the Americans with Disabilities Act (ADA) targeting websites has steadily increased. And in 2025, that trend is not just continuing - it's accelerating.
According to recent data, more than 2,000 lawsuits were filed in just the first half of 2025. That's a 37% increase compared to the same period last year, putting us on pace to exceed 4,900 lawsuits by year-end (source: UsableNet Mid-Year Report 2025, blog.usablenet.com; EcomBack ADA Report Q2 2025, ecomback.com; PR Newswire, June 2025).
Most of these cases are aimed squarely at eCommerce websites - historically, around 75% to 80% of all ADA digital accessibility lawsuits (source: UsableNet and EcomBack historical trend data).
Why the spike? For one, the legal precedent is now firmly established: websites are considered places of public accommodation under the ADA. Second, many sites - especially small business sites - still have accessibility barriers, and these are easy to find using automated scanning tools. And finally, a small number of law firms have made this a volume business, filing hundreds of nearly identical cases across the country.
What makes this especially concerning for Turbify merchants is that lawsuits are increasingly being filed even if:
- The business has no physical store
- The website uses a third-party theme or template
- An accessibility "widget" or overlay is already in place
These lawsuits are often filed in states like New York and California, where courts have been more receptive to ADA claims related to websites - even when the business is not located in those states (source: accessibility.works, 2024-2025 trend summaries).
In short: if your website is public and shoppable, it's a potential target.
3. Why eCommerce Stores Are Prime Targets
Not all websites are created equal when it comes to ADA risk - and unfortunately, eCommerce sites tend to check all the boxes that make them high-risk targets.
Why? Because retail websites are often:
- Visually complex: With image-heavy layouts, product carousels, pop-ups, and hover effects, it's easy to create barriers for screen reader users or keyboard-only navigation.
- Functionally dynamic: Product options, variants, filters, live chat, and third-party apps often introduce elements that are difficult to make accessible without custom code.
- Frequently updated: Even if a site was accessible once, new products, banners, or promotional content can introduce new accessibility problems.
- Built on templates or outdated code: Many eCommerce merchants use older themes or customizations that weren't designed with accessibility in mind.
In fact, accessibility scans of retail sites often reveal issues like:
- Missing or empty alt text on product images
- Unlabeled buttons or forms (like Add to Cart)
- Poor color contrast (especially on promo banners)
- Broken focus order when tabbing through menus
- Hidden elements that interfere with screen readers
Many of these problems are invisible to the average user - but they create serious roadblocks for customers who rely on assistive technology. And for plaintiff law firms using scanning tools, these issues are both easy to detect and legally actionable.
Bottom line: the very things that make eCommerce stores effective and dynamic - rich visuals, product configuration, real-time updates - are also what make them vulnerable under the ADA.
4. What Counts as "Inaccessible"?
If you're wondering whether your site is at risk, the answer often lies in small details that most merchants overlook - but that can create big problems for users with disabilities.
Many accessibility issues aren't about whether someone can *see* your website, but whether they can interact with it effectively using assistive technologies like screen readers, keyboard navigation, or alternative input devices.
Here are some of the most common accessibility problems found on eCommerce websites:
- Missing alt text on product images or decorative icons
- Low contrast between text and background, making content hard to read
- Unlabeled form fields, buttons, or icons - especially in the checkout process
- Inconsistent tab order, where keyboard users can't follow the page logically
- Modals or pop-ups that trap the user and can't be dismissed with the keyboard
- Hidden or duplicated navigation elements that confuse screen readers
- Mouse-only interactivity - such as menus or filters that require hover actions
To comply with the ADA, websites are generally expected to meet the Web Content Accessibility Guidelines (WCAG) - specifically WCAG 2.1 Level AA. These guidelines aren't legally binding on their own, but they're the de facto standard used by courts, advocacy groups, and accessibility auditors.
The challenge is that even if your site looks fine to you, it might still violate multiple WCAG rules. Automated tools can catch some of these issues, but others - especially around navigation, context, and behavior - require manual testing with assistive tools.
5. What the Lawsuits Typically Look Like
Accessibility lawsuits don't usually start with a phone call or a warning - they often begin with a demand letter from a law firm, alleging that your website violates the ADA and discriminates against users with disabilities.
If you ignore the letter or don't settle quickly, the next step is often a federal lawsuit, typically filed in New York, California, or Florida - even if your business isn't located there. These states have been especially favorable to plaintiffs in web accessibility cases.
Here's what's typical in these cases:
- The plaintiff is usually a visually impaired individual who claims they were unable to navigate or complete a purchase on your site using a screen reader.
- The complaint will cite specific accessibility barriers - like unlabeled buttons or images - and sometimes include screenshots or automated scan results as evidence.
- The lawsuit will typically demand injunctive relief (requiring you to fix your website), attorney's fees, and sometimes statutory damages, especially under state law.
- Many businesses end up settling for $5,000 to $50,000, depending on the scope of the case and how far it progresses.
One alarming trend is the rise in repeat lawsuits. In 2024, over 40% of federal ADA website cases were filed against businesses that had already been sued before - often because their fixes were incomplete, or they reused the same inaccessible design later on.
Another growing concern is that accessibility overlays and widgets are no longer seen as a valid defense. In fact, some lawsuits specifically name these tools as part of the problem, arguing that they provide the illusion of compliance without addressing the underlying issues.
In short, getting sued once doesn't mean you're safe afterward - and putting a "one-click" solution on your site may not offer the protection you think it does.
6. The Good News: Benefits of Accessibility
By now, it's clear that ADA compliance is important - but the conversation shouldn't be all about lawsuits and penalties. The truth is, making your website accessible isn't just about avoiding legal trouble. It's also a smart move for your business.
Here's why:
- Reach a larger audience: Millions of people live with some form of disability, and many rely on assistive technology to shop online. An accessible site makes it easier for them to do business with you.
- Improve your SEO: Many accessibility best practices - like semantic HTML, alt text, and structured headings - also improve how your site is indexed by search engines.
- Enhance usability for everyone: Good accessibility often means cleaner layouts, better keyboard support, and more intuitive navigation. That helps all users, not just those with disabilities.
- Boost performance and mobile-friendliness: Accessibility improvements often go hand-in-hand with better responsive design and faster load times - both of which increase conversion rates.
- Strengthen your brand reputation: Demonstrating that your business is inclusive and customer-focused is good PR - and in some cases, the difference between a lost visitor and a loyal customer.
Accessible websites aren't just more compliant - they're often better websites, period.
And while some accessibility improvements require developer support, many of the basics (like alt text and color contrast) can be addressed with just a bit of effort and awareness.
In short, accessibility is not just a risk to be managed - it's a competitive edge to be earned.
7. What Turbify Merchants Can Do
If you're a Turbify store owner, you may be wondering - what should you actually do about accessibility?
The good news is, you don't need to overhaul your entire site to make meaningful progress. In many cases, a combination of smart updates and practical testing can go a long way toward compliance - and usability.
Here's a solid plan to get started:
- Run a basic accessibility audit
Use free tools like WAVE (wave.webaim.org) or the axe DevTools browser extension to scan your pages and identify issues like missing alt text or low-contrast elements. These tools won't catch everything, but they're a good place to begin. - Test your site using only a keyboard
Can you navigate your homepage, product pages, and checkout using just the Tab and Enter keys? If not, neither can your keyboard-only users. - Try your site with a screen reader
Virtually every operating system has one built in:- Windows: press Ctrl + Windows + Enter to launch Narrator
- macOS: press Command + F5 to toggle VoiceOver
- Android: go to Settings > Accessibility > TalkBack
- iOS: go to Settings > Accessibility > VoiceOver
- Fix the obvious issues first
Add clear alt text to product images. Make sure all buttons and form fields are properly labeled. Avoid light gray text on white backgrounds. These quick wins go a long way. - Don't rely solely on overlays
Accessibility widgets (like the free one from UserWay) can be helpful as a safety net, but they aren't a substitute for making your underlying site compliant. We generally recommend using them in addition to fixing the root issues - not instead of. - Review your theme and templates
Many Turbify stores use older templates or custom code built at a time when accessibility simply wasn't considered a standard part of web design. That doesn't mean anything was done wrong - it just means a review is likely needed today. - Get expert help when you're ready
Here at Y-Times, we can make all the necessary changes to ensure your Turbify site meets modern accessibility standards. Whether you're starting from scratch or need specific fixes, contact us for a quote and we'll help you move forward confidently.
The key takeaway is this: accessibility isn't just about checking a legal box - it's about making your site better for everyone. And the sooner you start, the easier (and cheaper) it is to stay ahead of the curve.
8. Summary / Closing
ADA website compliance is no longer something that only applies to big companies or government agencies. In 2025, it's a real and growing concern for small eCommerce merchants - especially those on long-running platforms like Turbify.
Lawsuits are up, enforcement is broader, and accessibility overlays no longer offer reliable protection. But this isn't just about legal risk - accessibility is also a smart, customer-focused investment that can improve SEO, usability, and your brand's reputation.
The good news is, most accessibility issues can be identified and resolved with the right tools and guidance. And the sooner you take action, the better prepared you'll be - not just to avoid problems, but to serve every potential customer who visits your store.
If you'd like professional help making your Turbify store ADA-compliant, contact us for a quote. We're here to help.
