San Francisco, California — A notable upturn is evident in the filing of lawsuits under the Americans with Disabilities Act (ADA) Title III in federal courts, reflecting a resurgence since the significant dip in cases in 2023. The mid-year statistics reveal a gradual upward trend, with figures increasing from a five-year low in 2023.
Since 2017, the count of ADA Title III lawsuits has fluctuated significantly during the first half of each year, peaking in 2021 when 6,304 cases were recorded. However, filings fell to just 4,081 in 2023. This year marks a shift, with 4,280 cases filed from January to June 2024, followed by a further increase to 4,575 in the first half of 2025. This represents a 7% rise from the previous year, indicating steady growth despite not achieving the meteoric increases seen between 2020 and 2021.
If current trends persist, projections suggest approximately 9,100 ADA Title III lawsuits could be filed by the end of 2025, an increase of 3.4% from 2024’s expected total of 8,800 cases. The pattern signals a possible recovery in enforcement of accessibility rights, after the dramatic decline witnessed last year.
California leads the charge with the highest number of lawsuits, reporting 1,735 filings this year. Florida, with 989 cases, and New York, with 837, round out the top three. Illinois has emerged as a surprising contender, rising to fourth place with 270 filings, indicating a shift in legal strategies among some firms. Texas follows in fifth with 116 cases. Missouri, Minnesota, New Jersey, Indiana, and a three-way tie among Colorado, Georgia, and Wisconsin, with 34 filings each, complete the top ten states.
The rise in Illinois filings suggests a potential shift in market dynamics, as some firms that previously concentrated their efforts in New York are now pursuing cases in Illinois. This trend may be influenced by an increasing reluctance among New York judges to accept website accessibility claims, prompting a more rigorous examination of these lawsuits.
Observers note that even as ADA Title III case filings remain strong, many plaintiffs’ attorneys might pivot towards state courts, which may not be as closely monitored. Our data derives from the federal court’s PACER docketing system, although it’s important to note that the applicable code encompasses both ADA Title II and Title III cases. A thorough review is conducted to avoid double-counting.
For those interested in the evolving landscape of ADA litigation, the final count for 2025 will be available in early 2026, providing further insight into this critical area of civil rights law.
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