ADA Title III vs. ADA Title II: What Private Businesses Need to Know

A look at the recent increase in Americans with Disabilities Act (ADA) lawsuits shows that private businesses are bearing the brunt of enforcement actions. Companies that believed they understood their obligations are discovering too late that they’ve been operating under dangerous misconceptions about which requirements govern their operations. 

At the heart of this compliance crisis lies a critical knowledge gap: the differences between ADA Title II and Title III, and which one actually applies to private businesses. Understanding those differences isn’t academic — it’s business critical. 

Below, we’ll explain the differences between ADA Title II and III and which applies to private businesses. We’ll also explain your specific compliance obligations and how to meet those, enabling you to lower your legal risk while enhancing user accessibility. 

Quick Answer: What’s the Difference Between ADA Title II and Title III?

ADA Title II applies specifically to state and local governments and their programs, services, and activities; ADA Title III applies to businesses that are open to the public (e.g., retail stores, restaurants, healthcare, banks, hotels, etc).

Title III applies to most private businesses; Title II only applies to private businesses when they’re acting as contractors providing services directly to government entities.

Both titles require a company’s physical facilities and digital properties to be accessible to individuals with disabilities, but with different technical standards and enforcement mechanisms.

Why Businesses Can’t Ignore ADA Title III

Regardless of whether Title II applies to your organization, Title III compliance is non-negotiable for private businesses — and the consequences of ignoring it are severe. 

From a legal perspective, the number of ADA lawsuits is increasing, with private lawsuits being the number one driver of Title III enforcement. According to Seyfarth Shaw, more than 8,800 ADA Title III lawsuits were filed in 2024 — a 7% increase from 2023. And that surge isn’t slowing down: experts predict filings will reach more than 9,000 through 2025.

Unlike other regulatory areas where government agencies lead enforcement, ADA Title III compliance is driven primarily by private lawsuits. For instance, four firms alone filed over 4,000 federal ADA Title III lawsuits last year, with So Cal Equal Access Group leading with 2,598 cases. These firms have turned ADA non-compliance into a profitable litigation strategy, systematically targeting businesses across all industries. 

The Financial Reality

Settlement costs for Title III lawsuits aren’t cheap. Costs typically range from a few thousand dollars to hundreds of thousands, depending on the severity of the violations. But settlement costs are just the beginning. One website accessibility class action settled for more than $6 million in 2024, while hidden costs — mandatory accessibility audits, ongoing monitoring, accessibility fixes, and legal fixes — often double the total financial impact.

Enforcement is Also Escalating

The DOJ pursued aggressive enforcement action in 2024, particularly around digital accessibility. With new technical standards established for government websites, private businesses can expect the same scrutiny as agencies and disability advocates turn their attention to Title III enforcement.

Understanding the scale of the problem is only half the battle. The specific compliance failures that repeatedly land private businesses in court follow predictable patterns — and addressing those issues before they become legal liabilities is essential.

A stylized web page that shows a number of accessibility errors.

What are Common ADA Compliance Issues in Private Businesses?

In 2023, AudioEye scanned thousands of website homepages to identify accessibility barriers. After two years of increased litigation and growing awareness, we repeated that scan, expecting improvement. What we found is alarming: The same accessibility issues businesses struggled with in 2023 still exist on websites today.

Knowing what those common ADA violations are and how they drive lawsuits is critical for any business looking to lower its legal risk and enhance accessibility. Some of the issues that repeatedly land companies in court include:

• Images: All images (or non-text content) must include descriptive alt text — a brief, basic description of the image. According to our 2025 Digital Accessibility Index, 38% of images had missing alt text, making it difficult for those with visual disabilities to interact with non-text content.

• Forms: All forms must include labels or instructions to ensure assistive technologies, including screen readers, can present information to users. However, AudioEye found that 35% of forms failed to provide those labels, creating inaccessible forms.

• Color contrast: Color contrast ratio is the difference in light between foreground elements and the background. Without sufficient color contrast, some users may be unable to read content. According to the 2024 WebAIM report, 81% of homepages had low-contrast text that fell short of accessibility requirements. 

• Link text: Non-descriptive link text, such as ‘Click Here’ or ‘Download’, can confuse assistive technology users — an issue that occurred on 80% of scanned pages.

• Headings: Proper heading structure (H1, H2, H3, etc.) is essential for screen reader navigation, as users rely on these hierarchies to understand content organization. WebAIM's analysis of 25 million headings revealed that one in every 23 skipped levels — a barrier that makes websites nearly impossible for blind users to navigate effectively.

Each of these barriers goes against the accessibility guidelines outlined in the Web Content Accessibility Guidelines (WCAG), which are the technical standards that courts rely on to determine ADA compliance.

While understanding these common failures is important, the real question for private businesses is: How do you systematically eliminate these risks and achieve genuine Title III compliance?

ADA Title III Website Compliance: Requirements and Implementation for Private Businesses

Another key difference between ADA Title II and Title III: technical standards. Recent updates to Title II have established WCAG 2.1 Level AA as the standard for compliance. Title III, on the other hand, does not yet have specific technical regulations. However, courts have regularly referenced WCAG 2.1 Level AA as the compliance standard for Title III.

While WCAG does provide organizations with testable criteria, many businesses make the mistake of treating accessibility like a one-time fix — relying on overlays, widgets, or single audits. This approach fails. True accessibility requires systematic implementation, ongoing monitoring, and the right tools.

Your Title III Compliance Roadmap

Step 1: Conduct a Comprehensive Accessibility Audit

Evaluate your website using both automated testing for common accessibility barriers and expert testing for more complex issues. Focus on your most important workflows, like high-traffic pages, core business functions, and interactive elements. Document every barrier with specific steps for fixing them; prioritize those fixes based on severity.

Step 2: Fix High-Priority Issues First

Prioritize critical barriers that could block users from interacting with your content — missing form labels, keyboard traps, videos without captions, images without alt text, etc. Address those systematic failures, as these issues appear most often in lawsuits and typically have the most straightforward solutions.

Step 3: Implement Ongoing Accessibility Monitoring

Accessibility isn't a one-time project — it requires continuous attention. Website updates, new content, and third-party integrations can introduce new barriers overnight.

Establish monitoring systems that:

• Test new content and features before deployment

• Conduct regular accessibility scans of existing content

• Monitor user feedback and accessibility-related support requests

• Track compliance metrics and improvement over time

This proactive approach prevents the compliance gaps that create repeat lawsuit targets.

Step 4: Document Your Compliance Efforts

Thorough documentation serves multiple purposes: it demonstrates good faith compliance efforts, helps defend against lawsuits, and ensures your team remains proactive about accessibility.

Keep records of:

• Audit findings and timelines for fixes

• Accessibility training dates

• Accessibility testing procedures and results

• User feedback and how accessibility concerns were addressed

• Vendor accessibility requirements and evaluations

This documentation becomes invaluable if you face legal action. It shows courts that your business takes accessibility obligations seriously and systematically addresses barriers.

A website browser with data and analytics related to accessibility.

Don’t Let ADA Compliance Confusion Cost You

The difference between ADA Title II and Title III isn’t just legal jargon — it’s the difference between operating safely and providing users with an accessible online experience and walking into an 8,800-lawsuit minefield. Now that you know Title III applies to your private business, you have two choices: Take control of your compliance or let plaintiff attorneys do it for you. 

Businesses winning in this environment aren’t just avoiding lawsuits. They’re turning accessibility into a competitive advantage — serving more customers, ranking better in search engine results, and enjoying peace of mind knowing they’re legally protected. 

Here’s the good news: You don’t need to become a compliance expert overnight. You just need the right partner to guide you through it. That’s where AudioEye comes in. 

AudioEye’s three-pronged approach transforms accessibility from a legal headache into a true business advantage. Our Automated Accessibility Platform, Expert Audits, and ongoing monitoring provide 400% more protection than traditional approaches, giving you peace of mind that your digital content is compliant and accessible.

Stop playing compliance roulette. Get a free accessibility scan and see exactly what needs fixing — before a plaintiff’s attorney does. 

Want to see exactly how AudioEye protects your business? Schedule a demo now.