I have a Shopify Store and I've just been sued under the ADA (Gathers v. Wet Shaving Products LLC)

Shopify Discussion

Topic summary

Small Shopify merchants report being sued over website accessibility, citing ADA (Americans with Disabilities Act) in federal court and California’s Unruh Act. Alleged violations include missing alt text for icons (e.g., search), inaccessible CAPTCHAs for newsletter forms, and broader WCAG (Web Content Accessibility Guidelines) issues.

Jurisdictions span MA, NY, and CA, sometimes reaching out-of-state defendants. One user notes a class action in NY; others were served without prior contact. Shopify is said to accept no responsibility, noting much depends on merchant content, themes, and colors.

Actions/outcomes shared:

  • Fix issues promptly (alt text, forms without inaccessible CAPTCHAs), document changes, and use accessibility audits (e.g., WAVE browser extension). One case was dismissed after fixes and direct outreach to plaintiff’s attorney. Others settled after updating sites; advice includes pleading financial hardship and avoiding default judgments. “Mootness” defense (referencing a Kroger case) was suggested.

Tools and approaches:

  • Mixed views on accessibility widgets/apps (e.g., AccessiBe): some recommend them for quick improvements; others warn they may not ensure compliance or could increase litigation risk.

Open questions remain on best legal strategy and whether widgets suffice; several users are still mid-case.

Summarized with AI on December 21. AI used: gpt-5.
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Almost every user of the SHOPIFY platform would agree that as startups (mom and pop) SHOPIFY is the only dirt cheap way to develop a website. The question is: how effective is Tenably in keeping everyone compliant?

it is not that simple if you follow the guidelines found on Web Content Accessibility Guidelines (WCAG) 2.1 .

Its a minefield out there. Words of wisdom to everyone reading this, STAY AWAY FROM THOSE WIDGETS.