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 the cold math and pays — and far more owners quietly settle to make it disappear than ever fight it out in court.
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]
And here's the trap most owners miss: it isn't about where the business sits — it's about who visits. California's law can follow a California resident onto any site they load, wherever that site is run from. A shop three states away with a handful of California customers is exposed just the same.
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.
And there's a third front — and this one isn't about how the site is built. It's about what it says.
The first two fronts are private lawsuit machines. This one is the rulebook itself — and in the last two years it grew real teeth.
Start with how ordinary the problem is: a 2024 analysis of 73 million reviews found roughly 14% were fake — an estimated $300 billion a year in consumer harm.[26] The wording that trips these rules isn't the exception; it's the norm.
In October 2024 the FTC's Fake Reviews Rule took effect,[14] putting penalties behind the ordinary marketing copy on almost every small-business site: reviews that aren't genuine, undisclosed "insider" testimonials, an affiliate link with no "#ad", "replace your income" earnings claims, "cure"-grade health language, a "Made in USA" badge that isn't, fees that only appear at checkout, an auto-renew that's a maze to cancel.
The figure that makes an owner sit up: up to $53,088 per violation[15] — and regulators can treat each fake review, each misled customer as its own violation, which is how the number stacks. When the FTC settled with Amazon over auto-renew traps in 2025, the total was $2.5 billion.[16]
Real fines, for the exact copy on ordinary sites
Blocked its own bad reviews while implying all were realFashion Nova · $4.2M[19] Gave a free box in exchange for a 5-star reviewUrthBox · $100K[20] "Made in USA" on goods made overseasWilliams-Sonoma · $3.18M[21] Used fake before-and-after testimonialsNextMed · $150K[22] Mandatory fees that only showed up at checkoutStubHub · $10M[23] "Cancel anytime" — but the cancel path was a mazeBrigit · $17M[24] And it isn't a short checklist. HonestSiteAudit carries rules for 40-plus categories — reviews, earnings, health, pricing, subscriptions, dark patterns, greenwashing, "Made in USA," financial and crypto claims, privacy promises — each one anchored to a real case where a regulator actually fined someone for that exact wording. Whatever your prospect sells, there's a line in there shaped like their site.
And the penalties are pre-loaded: the FTC mailed Notices of Penalty Offenses to 700+ companies over deceptive endorsements and 670 over "proven"-style claims,[25] unlocking civil penalties — now $53,088 each — for conduct it has already condemned. That notice isn't a lawsuit. It's the meter starting.
Now — a corner cafe isn't Amazon, and we won't pretend a federal regulator is about to knock on a local dentist's door. But the rules now apply to everyone, and state attorneys general and private plaintiffs enforce the same standards — a competitor or one unhappy customer can light the match. And the copy that creates the exposure sits on nearly every site, because nobody wrote it imagining a regulator would read it.
Two fronts are about the code.
The third is about the copy.Which is the part an owner can actually read — so it's the easiest exposure to show them, and usually the cheapest to fix. Most of the time the fix is just more honest wording. That's the whole idea: not "you'll be fined," but "let's make what your site says something you can stand behind."