The Department of Justice's 2024 ADA Title II rule formally extended digital accessibility obligations to state and local governments — and reshaped the entire web accessibility lawsuit landscape for private businesses too. By April 2026, all in-scope organizations are expected to comply.
What changed in April 2026
The grace period for the largest entities ended. Plaintiff law firms have shifted focus to private SMBs, citing Title III precedent.
- WCAG 2.1 Level AA is the federal expectation
- PDFs and embedded apps must be conformant
- Third-party widgets must be either compliant or replaced
ADA Title II lawsuit protection for small business
Most ADA digital lawsuits never reach trial — they end in $5k–$25k settlements driven by demand letters. Defense is mostly about documentation.
- Maintain a current third-party audit (less than 12 months old)
- Publish an accessibility statement and feedback form
- Track remediation in a versioned, dated log
- Keep a compliance certificate from a recognized auditor
Section 504 Rehabilitation Act May 2026 deadline
Section 504 was updated to mirror Title II's WCAG 2.1 AA requirement, with a May 2026 effective date for federally-funded organizations.
FAQ
Is WCAG 2.2 required?
Not yet for federal compliance — but plaintiffs increasingly cite it. We audit against 2.2 as well.
What if I get a demand letter?
See our demand letter response guide and template.