The lawfare
It isn't a lawsuit problem. It's an assembly line.
Picture a factory.
At one end, software crawls thousands of small-business sites a day, hunting for technical violations.
At the other end, a demand letter rolls off the line. Company name swapped in. A dollar figure attached. The message: pay this, and it goes away.
Producing the next one costs almost nothing.
That's the whole machine.
A handful of law firms and repeat plaintiffs run it at scale. The economics are irresistible. Send ten thousand letters, settle even a quiet fraction, and you've made millions — without ever setting foot in a courtroom.
It was never really about accessibility, or privacy. It's a volume business.
And the deck is stacked before the first letter goes out.
Here's the number that makes it a near-guaranteed win for them.
By the most authoritative count available, 95.9% of the top one million home pages have detectable accessibility failures right now — an average of 56 per page.[4]
So when the scanner crawls your prospect's site, it will find something. Virtually guaranteed.
The owner isn't being singled out for being careless.
They're being singled out for being normal — because almost every site on the internet is technically in violation.
The "everyone else is non-compliant too" defense has a 100% failure rate.A court isn't judging everyone else. It's judging that one site owner — against established, enforceable law. "Common" has never meant "legal."
Then comes the math that makes them pay.
The letter offers a quick settlement. Fighting it in court costs far more — even when the claim is flimsy.
So the owner runs cold math and pays.
The mill isn't betting on the merits. It's betting on that math. And because it works almost every time, it's about as close to easy money as exists.
Which is exactly why the volume climbs year after year.
Across state and federal courts, thousands upon thousands of these suits flood the docket every year — tens of thousands in just the last several years, climbing toward record highs.[1][3]
And the filed lawsuits are only the visible edge.
The racket runs on the cases that never see a courtroom. For every business that gets sued, far more just get a letter and quietly pay.
Add it up, and the number of owners shaken down off the record runs into the tens of thousands — by some estimates into the hundreds of thousands — every single year.[2]
Nobody counts them. The senders don't publish, and the people who pay don't talk.[3]
The squeeze, in dollars (industry estimates)
The "settle and make it go away" offer~$5K–$15K
What it costs to fight it instead~$15K–$50K+
So the owner runs the math and…pays
And accessibility is only the first front.
The second is privacy.
Since a 2022 ruling, several thousand website "wiretapping" lawsuits have been filed — the vast majority in California, and climbing fast.[5]
California law prices it at $5,000 per violation.[6] The federal video-privacy law adds $2,500 per violation for video-tracking pixels.[7]
The "wiretap"? The everyday tracking on nearly every small-business site — the Meta or TikTok pixel, Google Analytics, the live-chat box, session-replay tools.[8]
$5,000. Per script.
Now count the scripts on your prospect's homepage.California's statutory damages figure, Penal Code §637.2. Courts argue over how a "violation" is counted, but the per-violation number is the law, not a guess.