Ecommerce businesses are increasingly being targeted by lawsuits over website accessibility—particularly under the Americans with Disabilities Act (ADA). Because ecommerce businesses operate entirely online, their websites are often alleged to be “places of public accommodation” even though a definitive legal conclusion on whether ADA Title III reaches private business websites has never been reached—making them a primary target for ADA-related claims.

Many of these cases follow a familiar pattern: claims focus on technical website issues, businesses receive demand letters seeking quick settlements, and the cost of litigation makes it difficult to fight, even when the claims are questionable.

For small and mid-sized ecommerce companies, this has created a growing and unpredictable legal risk. Now, federal lawmakers are beginning to respond.

The Bill: A Targeted Response to ADA Website Lawsuits

The Protecting Small Business from Predatory Website Lawsuits Act (H.R. 7328), introduced by Representative Sam Graves (R-MO), is specifically aimed at addressing the rise in ADA-related website accessibility lawsuits.

The bill was developed in response to what lawmakers and business groups describe as “drive-by” or “gotcha” litigation, where lawsuits are filed over technical accessibility issues without giving businesses an opportunity to fix them first.

The goal is not to eliminate accessibility requirements, but to ensure enforcement is fair, practical, and focused on remediation rather than penalties.

Why This Matters: A Surge in ADA Website Lawsuits

Website accessibility litigation has grown significantly in recent years. According to Rep. Graves, annual ADA website lawsuits have increased from fewer than 200 in 2016 to more than 4,000 in 2025.

These cases often:

• Target ecommerce websites using standard platforms and tools
• Focus on technical compliance gaps rather than intentional discrimination
• Result in settlement pressure due to high legal costs

Small businesses are especially vulnerable, as they often lack the resources to proactively audit and continuously update accessibility features across rapidly evolving websites.

At the Ecommerce Innovation Alliance (EIA), we fully support the goal of improving digital accessibility and believe ecommerce businesses should strive to make their websites usable for all consumers. 

However, there is a clear difference between advancing accessibility and enabling litigation models that rely on vague standards and technical “gotcha” claims. When enforcement prioritizes lawsuits over remediation, it increases costs, creates uncertainty, and can ultimately slow innovation—without delivering meaningful improvements for users.

What the Bill Actually Proposes to Do

At its core, the bill introduces a “fix first, litigate later” framework for ADA website claims. H.R. 7328 is designed to change how ADA website claims are brought—specifically by introducing a more structured process before litigation can proceed.

Key provisions include:

• Notice and Opportunity to Cure
  Plaintiffs would be required to notify a business of an alleged accessibility issue and provide time to fix it before filing a lawsuit.
• Focus on Remediation
  Encourages businesses to address accessibility barriers rather than immediately facing financial penalties.
• Reduced Incentives for High-Volume Litigation
  By requiring pre-suit notice, the bill aims to discourage lawsuits driven primarily by settlement opportunities.

Importantly, the bill does not remove ADA accessibility obligations. Instead, it shifts the process toward fixing issues first and litigating second. For ecommerce businesses, this could mean fewer immediate lawsuits and more opportunity to resolve issues before facing costly litigation.

What This Bill Does NOT Do

It’s important to be clear about the scope. This legislation does not apply to CIPA, TCPA, CEMA, or privacy-related lawsuits. It also does not eliminate ADA compliance requirements or prevent all website-related lawsuits. Instead, it is a targeted reform focused specifically on ADA website accessibility claims.

While H.R. 7328 is narrowly focused on abusive ADA compliance lawsuits, it reflects a broader concern in Washington that litigation tied to technical aspects of digital operations is increasing—and disproportionately impacting small businesses.

EIA has highlighted similar dynamics in areas like privacy and communications law. However, those issues are governed by separate legal frameworks and would require different legislative solutions.

What Happens Next

The bill has been introduced in the U.S. House of Representatives and referred to committee, where it remains in the early stages of the legislative process.

At this point, it has not advanced out of committee and there is no defined timeline for passage. Its success will depend on bipartisan support and broader legislative priorities. As with many federal efforts to address litigation reform, the path forward is uncertain.

Even if H.R. 7328 does not move quickly, its introduction signals that lawmakers are increasingly aware of litigation trends impacting digital businesses and there may be additional proposals targeting similar issues. More importantly, the conversation around tort reform in the digital economy is gaining traction. 

Given similar efforts in areas like privacy and communications law, businesses should expect continued litigation pressure in the near term—even as policymakers explore longer-term reforms.

The Bottom Line

The Protecting Small Business from Predatory Website Lawsuits Act is a targeted effort to address ADA website accessibility litigation—not a broad fix for all ecommerce legal risk. But if enacted, it could reduce exposure to immediate ADA compliance lawsuits, encourage remediation over penalties and provide a more balanced enforcement process. 

More broadly, the introduction of this bill reflects many of the concerns we’ve raised on behalf of our members. It’s an early but meaningful step toward addressing a growing problem. 

It doesn’t solve the issue overnight and its path forward remains uncertain. But it sends a clear signal: lawmakers are beginning to recognize that the current system is not working for digital businesses and that change may be coming.

Join the EIA today to help strengthen and shape policies that affect all ecommerce businesses. Together, we can continue to create the future of ecommerce. Subscribe to EIA email updates to stay informed on key developments and their impact on your business. 

Ecommerce Innovation Alliance provides members with analysis of litigation and regulatory developments affecting online commerce and digital marketing. This post is for informational purposes only and does not constitute legal advice.