Legal Scam re ADA compliance/websites

Shopify Discussion

Topic summary

Multiple Shopify store owners report being sued over ADA (Americans with Disabilities Act) website compliance issues, claiming their sites aren’t accessible to blind users.

The alleged pattern:

  • Lawyers in NY and CA systematically scan websites for ADA violations
  • Before official service, business owners receive calls from “rescue” lawyers and compliance companies offering paid solutions
  • Lawsuits target specific accessibility issues like keyboard-only navigation and missing alt-text

Key concerns raised:

  • Approximately 50% of these lawsuits target Shopify-based websites
  • Store owners using official Shopify themes (claimed to be 90% compliant) are still being sued
  • Complaints sometimes include inaccurate claims about core Shopify functions
  • Apps can override theme compliance or introduce new errors

Current status:

  • Multiple participants are actively facing lawsuits with significant legal costs
  • Some small businesses have stopped selling online entirely due to financial burden
  • No clear resolution path has emerged; discussions remain focused on sharing experiences rather than solutions
  • One participant suggests Shopify should bear responsibility for not warning users about compliance risks

The conversation reflects ongoing frustration with no definitive answers on dismissing lawsuits or recovering fees.

Summarized with AI on October 31. AI used: claude-sonnet-4-5-20250929.
1

Please see below from a colleague in our industry. Has anyone seen similar and perceive risk? Thank you - Jane

Hello Everyone,

As a small business you already struggle enough to find success, without having people trying to Sue/Scam you…..

There is a new Legal SCAM , that is a machine cranking out 100s of lawsuits each week claiming “Blind People Cant shop your site”.

If you own or operate a website you could become a victim of this, Extortion and Fraud Scam.

PHASE 1: A hand full of lawyers in NY and CA, are scanning the internet for websites to see if they are “ADA Compliant” for blind People to shop. The Lawsuits are real, and these lawyers are pumping out 10 to 20 lawsuits a day.

As soon as they file their case,

PHASE 2: of the scam Starts…. You get Emails , Phone calls, letters in the Mail. From the “Second Set of Lawyers” who will advise you that you have a lawsuit against you that is a Class Action Law Suit. These Lawyers are coming to the rescue, to help you before this “goes to Far”.

PHASE 3: You get flooded with Phone calls from Companies that can help you will Compliance for a monthly Fee.

PHASE 4: You Finally get Service from a legal Processor . (Please note that Phase 2 and 3 occur before you have even been served)

This is organized Crime , using the Law and ADA and the Disabled to create an endless profit center of forced Extortion that you willingly accept to avoid the possible consequences.

When people settle both sets of lawyers get paid, and you then sign up to have their Internet Machine determine your compliance for the end of time . They own the solution and the ability to create the problem .

Your small monthly fee, fed by you forever by your participation, funds this network , to allow them to sue everyone else on the internet.

Imagine what would happen if you don’t participate….. I am sure non participation means that you are then sued by other lawyers in the network.

Why am I telling you this ? ……We were Just Served.

Learn more here at “Top Class Actions” website so you can see all the newest legal Scams headed your way : Search “Blind”

https://topclassactions.com/disability-class-action-lawsuit/nuts-com-class-action-alleges-website-inaccessible-to-blind-visually-impaired-consumers/

Read here :

https://news.bloomberglaw.com/us-law-week/how-to-protect-your-website-against-ada-accessibility-claims

If you don’t know exactly what to do to Help your situation till you can find a solution to avoid them eventually finding your site , short of shutting down your site:

Make sure you have a TERMS of SERVICE that states what the user agrees to, i.e. Jurisdiction of Law, That a user agrees that the cannot bring a Class action, Forced Arbitration etc. Only you know what is appropriate for your site.

The LAW in certain US Circuits have ruled , that a website requires “Public Accommodation” even if you don’t have a store. Others have ruled (9th Circuit) that websites do not have this requirement with the ADA .

If you want to see a copy of the lawsuit, I will be happy to share ours.

Protect yourself and share this with others you know that operate websites, so they don’t fall victim.

We have to protect ourselves as an industry.

Best Regards,

Stephen Sacra - Owner
steve@vipproducts.com

Main office (480) 704-1700

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Stephen Sacra

Owner

VIP

2

Hi Stephen

See this ADA Website Lawsuits report which gives a lot of information about these lawsuits.

https://www.ecomback.com/2022-ada-website-lawsuits-report

There is a new law being introduced that is about to make the lawsuit situation even worse.

Please visit www.stopab1757.com

Thank you.

1 Like
3

As one that has “just been served” I think Shopify should be responsible and paying for these loopholes in the justice system!!! As a business owner using the Shopify platform and paying a pretty hefty fee for this service, We’ve never once been notified that this should be a concern for us as business owners!!! NOT EVEN A DISCLAIMER that should be posted on Shopify to newcomer website owners. Anyone want to get a class action lawsuit against Shopify for this negligence to its customers? I will be happy to sign on!!!

1 Like
4

Hi, you may want to read some of these reports. Overall, about 50% of lawsuits are targeted at websites built on Shopify. https://www.ecomback.com/ada-website-lawsuits-recap-report

Thanks

5

This is happening to us now. How did it work out with you? We used Shopify themes that claim compliance.

6

Are these official Shopify themes or 3rd party? No theme can be 100% compliant because once you add any app, the app may overrider or introduce errors, not to mention things like nav bar, content (alt-text, video captions, etc). EcomBack can give you a free audit.

7

We use an official Shopify theme, not 3rd party. Our navigation bar is
official
Shopify. We add alt-text to our images and do not use any video content.

Our issue is not currently an audit, as we have already been sued and are
currently dealing with that. The lawsuit references core Shopify
functions, such as claiming that the checkout cannot be done with keyboard
only, which is not the case.

If you have advice on getting the lawsuit dismissed without cost and
recovering our legal fees, please advise.

8

We use an official Shopify theme, not 3rd party. We use an official Shopify nav bar, do not use videos, and add alt text to our images. We only use two apps that affect the website appearance or functionality, and they are both represented as compliant. The lawsuit we are currently facing includes inaccurate complaints about core Shopify functions, such as making the incorrect claim that the checkout cannot be done by keyboard alone. Another complaint is about a popup which we only had up for a test period and removed months ago, long before the lawsuit. Other complaints are about purely subjective features that are necessary to our business, such as some of our text being confusing.

Right now, we aren’t in need of an audit as we are already being sued, which we do not have the ability to pay for. Do you have any advice on getting the lawsuit dismissed?

9

We are getting sued as well and Shopify says the theme we use is 90% compliant. BS!!! Being a small, family owned business is hard enough in these times, but to pay the lawyer fees and whatever else they can actually ROB us for is really hard. We’ve completely quit selling anything online now which has been difficult for out of town customers who want to purchase anything.

Sorry we dont have any advice as to what to do since we are still in legal matters.

1 Like
10

I was served in November and it has been a nightmare. I will most likely have to close down my website because of this

11

Hi Stephen
thank you for your post i just got a 26 page letter regarindg the same issue , i have zero knowlege in coding i purchase a theme from the shopify theme store assuming that the theme are complaicne , how shopify can sell theme that is not complaince , and if you can help on how can i make my site is compliance , is there an app that can do that ? :folded_hands:

12

This is very simple talk to a lawyer, do not pass go , do not post, do not reply to this post to whatevers’ been “served”
Lawyer.

That doesn’t actually mean anything other than a legal document has been given.
It’s not a judgement.
It’s all hot air and bluster relying on you not doing a very simple thing: talk to a lawyer.
No one on a forum can save you or protect you legally.
Don’t be a sucker trying to save a buck just talk to an actual lawyer.

It’s easy, actually define what “compliant” means as a threat, it’s just more bluster.
Talk to actual experts, don’t join the echo chambers of the fearful getting scammed.