Minnesota: Beware Unscrupulous ADA Website Accessibility Lawsuits

June 9, 2023 Last Edit: June 5, 2025

Let NFIB MN know if your business has been targeted in a “surf-by” lawsuit

Minnesota: Beware Unscrupulous ADA Website Accessibility Lawsuits

Last month, the Star Tribune noted the recent uptick in website accessibility lawsuits filed under the Americans with Disabilities Act. This trend has been brewing for nearly a decade and is an off-shoot of the rash of predatory “drive-by” ADA lawsuits targeting small businesses for quick settlements over physical accessibility violations. NFIB’s Small Business Legal Center has prepared resources that might be helpful to your small business:

From NFIB’s white paper: Any small business utilizing a website to make sales, promote products, offer location information, offer discounts, or even advertise, may wish to give serious consideration to updating its website so that those with disabilities have “equality of opportunity, [and] full participation” “in the full and equal enjoyment of the goods, services, facilities, privileges, [or] advantages” of the website. … [S]mall businesses may wish to consider using the 2.0 AA guidelines as the bare minimum. Has your small business been targeted in an ADA website accessibility lawsuit? We want to hear from you! In 2017, NFIB Minnesota helped pass legislation to protect small businesses from predatory ADA physical accessibility lawsuits in state courts. We’re hopeful the Minnesota Legislature will address website accessibility lawsuits the 2024 Minnesota Legislative Session. Your story could help protect other small business owners. Reach out to NFIB Minnesota State Director John Reynolds at john.reynolds@nfib.org or 651-293-1283.

Topics:

Regulations

State:

Minnesota

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