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Have a website? You can now get sued for not being ADA Accessible.
Barry Alt • August 1, 2019
This may sound alarmist, but there's a worrying rise in lawsuits against companies for not catering to all needs.

Above: ADA Timeline and legal statistics from Accessibe web accessibility application.
The incoming lawsuits aren't restricted to just the big players either - small entrepreneurs and international companies alike are affected.
Businesses that have already been sued include the likes of Bank of America, Target, Winn Dixie, Home Depot and Weight Watchers - but smaller companies are being pursued too. Island Comfort Footwear in Florida were put out of business due to an ADA lawsuit.
In 2018, there were 2,285 ADA lawsuits filed, up 187% on 2017’s figures. One woman in Florida sued over 175 business owners under ADA.
According to Fingerlakes.com, 26 New York wineries are presently being sued for not being compatible with screen-reading software. Last year, more than 1,000 ADA lawsuits had been filed in New York.
ADA covers private websites too - it's like having a store in the mall with no wheelchair ramp - you CAN get sued for not being accessible. This is a legal requirement, it's not optional.
So with such a wide-reaching law now being enforced, you probably have a few questions about the law, how it affects you and what it actually is. Here's our introduction to The Americans with Disability Act (ADA) and it's enforcement on the web.
What is ADA?
On July 26, 1990, George W. Bush signed into law The Americans with Disabilities Act (ADA). The ADA law prohibits discrimination against people with disabilities. It prohibits private employers, state and local governments, employment agencies, and labor unions from discriminating against the disabled.
While no mention of websites appears in the ADA law (it was signed in 1990 after all!), it does prohibit companies from putting up communication barriers that restrict access for all.
How does the ADA affect a website?
As people now use the internet for every aspect of their daily lives (and with many services now online only) Title III of the ADA has expanded from brick and mortar establishments to include those who have a business on the Internet too.
Think about how many of our daily errands are now completed online - from banking, shopping, preparing taxes to studying - everything is now online. Now imagine if you were trying to complete your taxes online and the website you're using doesn't work correctly. Not only are you going to be incredibly frustrated, you're going to be prevented from completing an essential task.
So, this is what the ADA is designed to prevent.
For people who use assistive devices (such as screen readers, Braille output devices, or interactive voiceover software) if they find your website is not accessible using their device, they may be forced to leave the website, lodge a complaint or initiate litigation against you.
The worst part for website owners? ADA law requires no notice before a lawsuit is filed for non-compliance.
The law provides no time for a company to take action before a lawsuit is filed, and it offers no real defense to a company after a lawsuit has been filed.
How do people with disabilities use a website differently?
Wear glasses or contact lenses? You're officially using assistive technology to be able to see properly.
People with visual impairments who require more than glasses, such as those with color blindness, low vision, and legal blindness, use special alternative views or may also use screen readers.
For people who are hearing impaired, closed captioning or a downloadable transcription of any on-site audio must be provided.
People with a physical disability may not be able to use a keyboard and instead use special equipment, such as head pointers, eye movement devices or text to speech software.
People with blindness, dyslexia and other learning disabilities may also use text to speech.
This is a super short list of some of the most commonly used assistive technologies - but for the average website owner, it can be eye-opening. In order for all of your customers, clients or general site visitors to be able to use your website fully, it needs to be able to work with all of the above technologies.
To help you (or your website developer) attain full accessibility online, your website should follow the WCAG guidelines.
What are the WCAG guidelines?
The Web Content Accessibility Guidelines(WCAG 2.0) were published in 2008 by the W3C Web Accessibility Initiative. In 2018, WCAG 2.1 were released which provide 17 additional criteria to address mobile accessibility, people with low vision and people with cognitive and learning disabilities.
The standards are filtered into 4 categories, each with their own set of requirements. Level AA is the basic level that must be reached
What parts of my website must be accessible?
Pretty much all of it, including:
- Any text content
- Videos
- Images
- Buttons
- Links
- PDFs
- Items for sale
- Documents
- Forms
- Any other types of content you offer
How do you make your website accessible?
To get your website up to the basic standards (and avoid a possible lawsuit), you'll need an understanding of the WCAG requirements and how to implement them.
If you don't have the time or inclination to do this yourself, it's best to hire an accessibility professional. Motorhead Digital has access to a network of accessibility experts who can advise you on the topic and help you get your website accessible.
The website accessibility process
The process begins with an audit of your current website to determine how accessible it is.
Based on the findings of the audit, our team will then make any necessary changes to the site.
After the changes have been implemented, we'll audit the areas initially found to have issues to confirm the necessary changes are complete.
As part of having an accessible website, you need to have an accessibility statement visible on the site. This needs to be done with a lawyer.
What’s the cost of not having an accessible website?
People with disabilities account for one in five website users. If you're not accessible, you're already cutting out 20% of your potential customer base.
If you get sued, there are also fines, lawsuit settlements, and attorney’s fees to account for.
The maximum penalty for the first violation that the Department of Justice imposes is $75,000. For subsequent violations, it’s $150,000.
Accessibility is an ongoing task.
Attorneys are actively scanning websites to find non-ADA friendly websites - it's a great fishing pond for business for them.
If you actively update your website with new content, you'll need to invest in training for those who will be updating the website. If you prefer, our team can take care of updating your website and scanning the website on a designated schedule for you.
It's not a day too soon to make your website accessible - you don't want your company to become another statistic that fell to an ADA lawsuit.

The average age of a light vehicle in the United States is now 12.8 years, according to the latest publicly released national benchmark from S&P Global Mobility (the firm completed its spinoff into an independent company, now called Mobility Global, in July 2026, though its research is still widely cited under the S&P Global Mobility name). For the automotive aftermarket, that means a growing population of vehicles entering the years when maintenance, repair, replacement parts, diagnostics, and upgrades become increasingly important. The American vehicle fleet is getting older, and it's changing how aftermarket businesses need to think about growth. S&P Global Mobility reports that the U.S. fleet has grown to 289 million light vehicles in operation. Passenger cars now average 14.5 years old, while light trucks average 11.9 years. The high-volume 2015 through 2019 model years are also moving deeper into the aftermarket service cycle as more vehicles leave their original warranty coverage. For independent repair shops, parts suppliers, restoration specialists, performance businesses, and custom builders, the opportunity is substantial. It is not automatic, however. The businesses positioned to benefit will be the ones prepared to service an aging but increasingly technical vehicle population. Why Does an Aging Vehicle Fleet Create Aftermarket Opportunity? Older vehicles generally require more frequent maintenance and a wider range of repairs. Wear items reach the end of their service life. Seals, wiring, suspension components, cooling systems, electronics, and emissions equipment begin to demand more attention. Owners also start making larger decisions about whether to repair, restore, upgrade, or replace the vehicle. S&P Global Mobility identifies vehicles between six and 14 years old as a prime range for aftermarket service. Its research indicates that vehicles in this age range, along with even older models, are expected to represent at least 70% of vehicles in operation for several years. The newest industry forecast reinforces that opportunity. In June 2026, the Auto Care Association and MEMA Aftermarket Suppliers projected that the U.S. light-duty automotive aftermarket would grow 5.2% in 2026. The market is expected to surpass $500 billion by 2029, supported by the aging fleet, increasing vehicle complexity, and continued consumer reliance on personal transportation. Why Are Americans Keeping Vehicles Longer? High new and used vehicle prices and broader economic uncertainty continue to influence replacement decisions. Many drivers would rather invest in a vehicle they already know than take on the cost of replacing it. Modern vehicles are also durable enough to remain useful well beyond the point when earlier generations of owners may have traded them. From the shop side, the pattern is familiar. A customer says, "I just need it to last another year." Then one year becomes three. The truck remains essential to the business. The SUV stays in the family. The daily driver becomes a project because the owner would rather improve it than start over with another payment. This is where the aftermarket becomes essential. It gives vehicles a second, third, and sometimes fourth life. A 12-Year-Old Vehicle Is Still a Modern Vehicle An older fleet does not mean a simpler repair environment. A 12-year-old vehicle can still contain numerous control modules, emissions equipment, infotainment systems, electronic security features, networked sensors, and early-generation advanced driver-assistance systems. Shops must continue investing in technician training, scan tools, software subscriptions, service information, programming equipment, and calibration procedures. This is also why the Right to Repair issue remains relevant. As Motorhead Digital covered in Part 1: The Right to Repair Fight and the Freedom to Fix Victory , recent federal action created meaningful progress around emissions-related repair information and aftermarket emissions compliance. However, broader questions involving telematics, proprietary software, cybersecurity access, and non-emissions repair data remain unresolved. Older vehicles need more than replacement parts. They need judgment. They need technicians who understand the vehicle as a complete system and can distinguish a smart repair from a poor investment. They need suppliers with accurate fitment data and specialists who can combine traditional craftsmanship with modern diagnostic discipline. Which Aftermarket Businesses Stand to Benefit? Independent mechanical shops can benefit from increased demand for preventive maintenance, diagnostics, suspension work, cooling-system repairs, electrical repairs, emissions service, and age-related wear components. Parts manufacturers, distributors, and retailers can benefit from sustained demand across a wider range of model years. Accurate fitment data, inventory planning, and technical support become even more important when the active vehicle fleet spans decades. Restoration, performance, and custom shops have another opportunity. As replacement costs remain high, some owners will choose to improve vehicles they already own through: Drivability upgrades Modernized electronics Braking and suspension improvements Engine work Interior restoration Full custom or restoration builds The aging fleet is also increasingly diverse. S&P reports that battery-electric vehicles average 3.7 years old, plug-in hybrids average 4.9 years, and traditional hybrids average 6.4 years. Those vehicles will create additional service opportunities as they age, but they will also require new training, safety processes, tooling, and parts knowledge. Trust Becomes More Important as Repair Decisions Get Bigger The owner of a 12- or 15-year-old vehicle may be deciding whether to spend several thousand dollars on a vehicle with limited market value but significant practical or emotional value. That customer is not only buying a repair. They are buying confidence in the recommendation. Shops need to explain: What is urgent What can wait What may fail next Whether the proposed work makes financial sense Which repairs can be completed in phases What can be upgraded Clear inspections, photos, videos, written estimates, and phased repair plans help customers make informed decisions without feeling pressured. Motorhead Digital's Trust, Loyalty & Relationships: The Real Shop Advantage explains why trust often begins before a customer enters the shop. People study reviews, websites, project photos, and social media to decide whether a business looks credible, transparent, and capable. Pricing communication matters too. Older vehicles can expose hidden problems, discontinued parts, long lead times, and changing supplier costs. Tariffs, Pricing Pressure, and How Auto Shops Can Communicate Value Better offers practical guidance for explaining those variables without apologizing for charging appropriately.
















