We analyzed complaint language across hundreds of 2025 ADA website accessibility filings on CourtListener and cross-referenced with EcomBack and WebAIM's Million 2025 report to answer a concrete question: what specific issues are cited in ADA lawsuits?
The answer is surprisingly concentrated — and most of the top issues are detectable with automated scanning tools.
The Top 10 Cited Issues
| Rank | Issue | WCAG Criterion | Quick Check? | Frequency in Complaints |
|---|---|---|---|---|
| 1 | Missing or incorrect image alt text | 1.1.1 Non-text Content | Yes | Very high |
| 2 | Missing form labels | 1.3.1 Info and Relationships | Yes | Very high |
| 3 | Keyboard navigation failures | 2.1.1 Keyboard | Partial | High |
| 4 | Missing focus indicators | 2.4.7 Focus Visible | Yes | High |
| 5 | Color contrast insufficient | 1.4.3 Contrast (Minimum) | Yes | High |
| 6 | Missing ARIA labels/landmarks | 4.1.2 Name, Role, Value | Partial | High |
| 7 | Improper heading structure | 1.3.1 Info and Relationships | Yes | Moderate |
| 8 | Inaccessible popup/modal dialogs | 2.4.3 Focus Order | No | Moderate |
| 9 | Inaccessible forms and checkout | 3.3.2 Labels or Instructions | Partial | Moderate |
| 10 | Inaccessible PDFs/documents | 1.1.1, 1.3.1 (multiple) | Partial | Moderate |
Issue-by-Issue Breakdown
1. Missing or Incorrect Alt Text
WCAG 1.1.1 — Non-text Content
The single most frequently cited issue in ADA website complaints. Nearly every complaint we examined on CourtListener included language about images lacking alternative text that a screen reader can convey.
What it looks like in code:
<!-- Bad: no alt text -->
<img src="product-photo.jpg">
<!-- Bad: generic alt text -->
<img src="product-photo.jpg" alt="image">
<!-- Good -->
<img src="product-photo.jpg" alt="Blue denim jacket with brass buttons, front view">Scale of the problem: WebAIM's 2025 analysis of the top 1,000,000 websites found that 18.5% of all images had missing alt text.
Quick check? Yes. Automated tools detect missing alt attributes instantly. However, detecting incorrect or unhelpful alt text (like "DSC_0042.jpg" or AI-generated nonsense) requires human review.
2. Missing Form Labels
WCAG 1.3.1 — Info and Relationships
Contact forms, search fields, login screens, and checkout flows that lack proper <label> elements or ARIA labels are unnavigable for screen reader users.
Scale: WebAIM found 34.2% of form inputs were not properly labeled across the top million sites.
Quick check? Yes. Automated scanners flag unlabeled inputs.
3. Keyboard Navigation Failures
WCAG 2.1.1 — Keyboard
Users who cannot use a mouse must navigate entirely by keyboard (Tab, Enter, Arrow keys, Escape). Complaints frequently cite dropdown menus that only respond to mouse hover, interactive elements unreachable by Tab key, and custom JavaScript components that trap keyboard focus.
Quick check? Partially. You can test this manually in 60 seconds: press Tab through your entire page. Can you reach every link, button, and form field? Can you activate them with Enter? Can you escape from every popup? If the answer to any of these is "no," you have a keyboard accessibility failure.
4. Missing Focus Indicators
WCAG 2.4.7 — Focus Visible
When a keyboard user Tabs through a page, they need a visible indicator showing which element is currently focused. Many websites remove the default browser focus outline for aesthetic reasons (the dreaded outline: none in CSS) without providing an alternative.
Quick check? Yes. Tab through your site. If you can't see where you are, focus indicators are missing.
5. Insufficient Color Contrast
WCAG 1.4.3 — Contrast (Minimum)
Text must have a contrast ratio of at least 4.5:1 against its background (3:1 for large text). Light gray text on white backgrounds, trendy pastel color schemes, and text over images are common violations.
Scale: WebAIM found 79.1% of the top million pages had low contrast text — making it the single most prevalent detectable WCAG failure.
Quick check? Yes. Tools like the WebAIM Contrast Checker test any color combination instantly.
6. Missing ARIA Labels and Landmarks
WCAG 4.1.2 — Name, Role, Value
Custom interactive elements (hamburger menus, accordions, tabs, carousels) that lack proper ARIA attributes are invisible or confusing to screen readers. Navigation regions without landmark roles force screen reader users to listen through entire pages linearly.
Quick check? Partially. Automated tools detect missing ARIA attributes but can't verify that the ARIA values are correct or meaningful.
7. Improper Heading Structure
WCAG 1.3.1 — Info and Relationships
Screen reader users navigate pages by heading structure. Skipping heading levels (H1 → H3, with no H2), using headings for visual styling rather than structure, or having multiple H1 elements makes page navigation confusing.
Quick check? Yes. Browser extensions like HeadingsMap show the heading structure instantly.
8. Inaccessible Popup/Modal Dialogs
WCAG 2.4.3 — Focus Order
Cookie consent banners, email signup popups, chat widgets, and promotional modals that keyboard users cannot dismiss — or that don't receive focus when they appear — are frequently cited. Some popups trap focus; others are invisible to screen readers entirely.
Quick check? No. This requires manual testing with keyboard and screen reader. Open a popup — can you Tab to the close button? Does pressing Escape dismiss it? When it closes, does focus return to the trigger element?
9. Inaccessible Checkout and Forms
WCAG 3.3.2 — Labels or Instructions
E-commerce checkout flows are a particular target. Issues include unlabeled form fields, error messages that aren't programmatically associated with the fields they describe, address autocomplete that doesn't work with screen readers, and payment forms embedded in iframes without proper accessibility attributes.
Quick check? Partially. Automated tools catch unlabeled fields but not interaction-level problems like error message association or autocomplete behavior.
10. Inaccessible PDFs and Documents
WCAG 1.1.1, 1.3.1 — Multiple criteria
Especially relevant for government websites and businesses that publish menus, catalogs, or legal documents as PDFs. Untagged PDFs are completely opaque to screen readers — the user hears nothing, or a stream of gibberish.
Quick check? Partially. Adobe Acrobat's accessibility checker flags structural issues, but verifying reading order and content accuracy requires manual review.
Quick Check vs. Deep Check
| Category | Issues | Can Automated Tools Find It? |
|---|---|---|
| Quick check (automated tools) | Alt text, form labels, color contrast, heading structure, focus indicators | Yes — these represent ~60% of cited issues |
| Partial check | ARIA attributes, keyboard nav, checkout flows, PDFs | Automated tools flag some but not all |
| Deep check (manual only) | Modal behavior, dynamic content, screen reader compatibility, reading order | No — requires human testing with assistive technology |
The irony: the majority of issues that trigger lawsuits are detectable with free automated tools. WebAIM reports that 94.8% of the top million websites have detectable WCAG failures, with an average of 51 errors per page.
Running a free scan with WAVE or axe DevTools takes minutes. Most businesses that get sued haven't taken even this basic step.
What Plaintiffs Actually Test
Based on our analysis of complaint language, the typical ADA website complaint follows a pattern:
- Plaintiff (or their tester) visits the website using a screen reader
- They attempt basic tasks: browse products, read content, fill out a form
- They document specific barriers encountered: images with no alt text, buttons with no labels, menus that don't respond to keyboard
- Attorney maps these barriers to WCAG criteria
- Complaint filed
The complaint typically doesn't cite all WCAG failures — just enough specific examples to establish that the website is inaccessible. The standard of proof is low: demonstrating that some barriers exist is sufficient.
How to Prioritize Fixes
If you've never audited your website for accessibility, start here:
- Run an automated scan (WAVE, axe, Lighthouse). Fix everything it finds — this addresses the most commonly cited issues.
- Tab through every page with your keyboard. Fix anything you can't reach or activate.
- Check your color contrast on every page. Fix any ratio below 4.5:1.
- Test with a screen reader (NVDA is free for Windows, VoiceOver is built into Mac/iOS). Navigate your key user flows: homepage → product/service page → checkout/contact form.
- Audit your PDFs. If they're scanned images, they're inaccessible. Convert to tagged PDFs or HTML.
The first three steps can be completed in a day and address the majority of issues that appear in lawsuits. If you want a head start, Woffy's free scanner checks your site against WCAG 2.2 AA and shows exactly which of these issues are present.
For WordPress and Shopify sites, Woffy can fix most of these issues automatically by editing your source code — no overlay, no manual developer work for common violations like missing alt text, form labels, contrast, and ARIA landmarks.
For how these issues translate to specific industries, see our e-commerce compliance analysis.
Sources: WebAIM Million 2025, EcomBack 2025 Mid-Year Report, CourtListener RECAP Archive, WCAG 2.1 Specification