Key Findings at a Glance
+40%
Increase in federal pro se ADA Title III lawsuits (2025 vs. 2024)
8,667
Total federal ADA Title III lawsuits filed in 2025
1,867
Pro se ADA lawsuits in first 9 months of 2025 (vs. 1,774 all of 2024)
+69%
Increase in federal pro se Fair Housing Act lawsuits (2025 vs. 2024)
Something unprecedented is happening in accessibility litigation. For the first time in the 35-year history of the Americans with Disabilities Act, individuals without legal training are filing federal lawsuits at scale — powered by artificial intelligence.
According to data from Seyfarth Shaw, one of the nation's leading ADA litigation firms, federal pro se ADA Title III lawsuits surged 40% in 2025. The driving force? AI tools like ChatGPT, Copilot, and Gemini that enable anyone to draft legal complaints, motions, and briefs in minutes.
This article breaks down what the data shows, what it means for your business, and what you can do about it — before you become the next target.
The Numbers: 8,667 Federal Lawsuits in 2025
Seyfarth Shaw has been tracking ADA Title III cases in federal court for 13 years, starting back when there were fewer than 3,000 cases filed annually. Their 2025 annual report reveals a now-familiar picture: ADA accessibility litigation isn't slowing down.
| Year | Federal Lawsuits | Change |
|---|---|---|
| 2013 | 2,722 | (baseline) |
| 2016 | 6,601 | +143% |
| 2018 | 10,163 | +54% |
| 2021 (peak) | 11,452 | +13% |
| 2022 | 8,694 | -24% |
| 2023 | 8,227 | -5% |
| 2024 | 8,800 | +7% |
| 2025 | 8,667 | -2% |
At first glance, the 2% decline from 2024 to 2025 might seem encouraging. Don't be fooled. The total federal number is misleading for three critical reasons:
- Pro se filings are surging. While attorney-filed cases held steady or dipped, pro se (self-represented) lawsuits exploded by 40%.
- Cases are migrating to state courts. California and New York federal courts are becoming less hospitable, pushing plaintiffs to state courts where filings aren't captured in this data.
- The 8,667 figure is still 3x higher than 2013. The "new normal" of 8,000+ federal lawsuits per year shows no signs of returning to pre-2016 levels.
The Pro Se Surge: 40% More Lawsuits Without Lawyers
The most alarming trend in the 2025 data isn't the total number — it's who's filing the lawsuits.
Seyfarth Shaw's analysis of LexMachina data reveals a dramatic shift:
Full Year 2024
1,774
Pro se ADA Title III federal lawsuits
First 9 Months of 2025
1,867
Pro se ADA Title III federal lawsuits
In just nine months, pro se filers already exceeded the entire previous year's total — a 40% increase in the monthly filing rate.
The Fair Housing Act saw an even more dramatic increase: pro se FHA lawsuits jumped 69% over the same period, with 531 filings in the first nine months of 2025 compared to 421 for all of 2024.
What changed? As Seyfarth Shaw attorney Minh N. Vu explains:
"Most pro se litigants we encounter are using AI tools to help them litigate."
How AI Powers Accessibility Lawsuits
Filing a federal lawsuit used to require either a law degree or the money to hire someone with one. ADA cases in particular demanded specific knowledge of disability law, WCAG technical standards, and federal court procedures.
AI tools have eliminated those barriers. Here's how the typical AI-powered pro se ADA lawsuit works:
Identify a Target
The plaintiff visits a business website and encounters accessibility barriers — missing alt text, keyboard traps, unlabeled form fields, poor color contrast. Free tools like WAVE or browser extensions can identify dozens of WCAG violations in seconds.
Generate the Complaint
Using ChatGPT, Copilot, or Gemini, the plaintiff describes the accessibility issues and asks the AI to draft a formal ADA Title III complaint. Within minutes, they have a document that cites relevant statutes, describes specific violations, and follows federal court formatting requirements.
File in Federal Court
Federal courts allow electronic filing. The filing fee is $405, though fee waivers are available. A single plaintiff can file multiple cases simultaneously — and many do.
Generate Ongoing Motions
Throughout the case, AI generates responses to defense motions, opposition briefs, and procedural filings. Seyfarth notes pro se plaintiffs now oppose even routine extension requests and pro hac vice motions — actions that drive up defense costs substantially.
The Tell-Tale Signs of AI-Generated Litigation
Seyfarth Shaw has identified clear indicators that a pro se litigant is using AI tools:
- ⚠️Citation of non-existent cases — complete with parentheticals describing holdings that never happened (AI hallucinations)
- ⚠️Completely wrong case holdings — real case names with fabricated or incorrect legal analyses
- ⚠️Impossibly fast production — substantive briefs "written" in less time than it would take to type the document
- ⚠️Language mismatch — sophisticated legal writing that doesn't match the plaintiff's spoken English skills
As NBC News reported, the trend extends far beyond ADA cases — litigants across multiple legal domains are using ChatGPT instead of hiring attorneys. But accessibility lawsuits are particularly susceptible because the violations are often straightforward to identify and document using free automated tools.
State-by-State Breakdown: Where Lawsuits Are Surging
The geographic distribution of ADA lawsuits tells a story of shifting strategies and migrating plaintiffs.
| Rank | State | 2025 Filings | 2024 Filings | Change |
|---|---|---|---|---|
| 1 | California | 3,252 | 3,252 | 0% |
| 2 | Florida | 1,823 | 1,627 | +12% |
| 3 | New York | 1,471 | 2,220 | -34% |
| 4 | Illinois | 659 | 399 | +65% |
| 5 | Missouri | 183 | 135 | +36% |
| 6 | Minnesota | 179 | — | — |
| 7 | Texas | 177 | — | — |
| 8 | Pennsylvania | 95 | — | — |
| 9 | New Jersey | 91 | — | — |
| 10 | Indiana (NEW) | 88 | — | — |
Source: Seyfarth Shaw ADA Title III Annual Filing Analysis, Feb 2026
Key Shifts in 2025
- →New York's decline is deceptive. Federal filings dropped 34%, but this reflects plaintiffs migrating to state courts after federal judges started applying more rigorous standing requirements in website accessibility cases.
- →Illinois surged 65%. Seyfarth reports that "some of the most prolific New York plaintiffs' lawyers have moved their work to this state."
- →Florida climbed to #2. With 1,823 cases (up 12%), Florida displaced New York for the second spot. Cox Media Group investigations have documented serial plaintiff operations targeting Jacksonville and Orlando businesses.
- →Indiana is a newcomer. Pushing out Georgia from the top 10 — suggesting plaintiff strategies are expanding geographically.
- →Only 3 states had zero lawsuits — Montana, North Dakota, and South Dakota. Every other state in the country saw at least one federal ADA Title III filing.
The Real Cost of an ADA Lawsuit
Even when a pro se lawsuit has obvious flaws — fake case citations, procedural errors, factual inaccuracies — defending against it is expensive. And AI-powered filings are making defense even more costly.
Cost Breakdown: A "Simple" ADA Lawsuit
The Wall Street Journal documented the case of a small business that paid a $4,950 settlement — but racked up nearly $40,000 in legal fees. The total cost was more than twice what it would have cost to fix the accessibility issues proactively (estimated at $13,000).
AI-powered pro se plaintiffs make these costs worse. Because they aren't bound by professional ethics rules, Seyfarth Shaw reports they "bombard defendants with frivolous accusations, demands or motions" and oppose even routine procedural requests. This drives up defense costs and creates additional work for judges.
The math is clear: Proactive accessibility monitoring at $29/month ($348/year) costs less than 1% of defending a single lawsuit. And businesses that can demonstrate ongoing compliance efforts are in a far stronger position if they do get sued.
Courts Are Responding — But Not Fast Enough
Judges are beginning to push back against AI-generated legal filings, but the response is fragmented and inconsistent.
- ⚖️Sanctions for AI misuse. Courts have sanctioned pro se litigants who cited non-existent cases generated by AI, and some cases have been dismissed outright for AI tool misuse.
- ⚖️Standing orders banning AI. U.S. District Judge Christopher Boyko of the Northern District of Ohio has a standing order banning the use of AI "in the preparation of any document filed with the court."
- ⚖️Stricter standing requirements. New York federal courts are no longer the automatic plaintiff-friendly venue they once were, requiring plaintiffs to demonstrate concrete injury.
Despite these measures, the 40% surge in pro se filings shows that judicial responses haven't kept pace with AI's ability to lower the barriers to litigation. Seyfarth predicts "more judges will be addressing the abusive use of AI in the future" — but that future hasn't arrived for most courts.
Legislative Pushback: States Fighting Back
The surge in lawsuits has triggered a legislative response. Multiple states are now introducing "right to cure" laws that give businesses a window to fix accessibility issues before a lawsuit can proceed.
| State | Bill | Cure Period | Status |
|---|---|---|---|
| Utah | SB 68 | 90 days | Introduced Jan 2026 |
| Missouri | HB 1674 + suite | 30 days | Committee passed Jan 2026 |
| California | SB 84 | 120 days | Introduced Feb 2026 |
| Federal | ADA 30 Days to Comply Act | 30 days | Proposed |
California's entry is particularly significant — it's the #1 state for ADA lawsuits, and a 120-day cure period would be the longest of any proposed legislation. Read our detailed analysis of state ADA reform bills for a complete breakdown.
However, "right to cure" laws only help businesses that are actively working toward compliance. You can't cure what you don't monitor. These laws reinforce — not replace — the need for continuous accessibility scanning.
2026 Outlook: Why It's Getting Worse Before It Gets Better
Multiple converging forces suggest 2026 will see even more accessibility litigation:
🗓️ ADA Title II Deadline — April 24, 2026
State and local governments must have WCAG 2.1 Level AA compliant websites by this date. Non-compliance opens the door to DOJ enforcement actions and private lawsuits. Learn more in our Title II deadline countdown.
🤖 AI Tools Are Getting Better
ChatGPT, Copilot, and Gemini improve with every update. Legal-specific AI tools like Harvey and CoCounsel are making litigation more accessible. The barriers to filing a lawsuit will only continue to decrease.
📊 State Court Shift Masks True Numbers
As cases migrate from federal to state courts, the widely-cited Seyfarth numbers will increasingly undercount total litigation. Businesses in California and New York are especially exposed to state court actions.
🌍 European Accessibility Act
The EAA has been enforceable since June 2025, adding accessibility obligations for any business serving European customers. Companies with global web presence face compliance requirements on two continents. See our EAA compliance guide.
📺 Media Coverage Amplifying Awareness
Cox Media Group's investigation into serial ADA lawsuits has aired across 9+ TV stations in 7 markets. While the coverage focuses on lawsuit abuse, it also signals to potential plaintiffs that ADA lawsuits are lucrative — and to businesses that they need to act.
As Deque CEO Preety Kumar said at Axe-con 2026: "We have the tools, we have the standards, we have the deadlines. We just need the will to seize the moment." The question isn't whether your business will face an accessibility challenge — it's whether you'll be prepared when it happens.
How to Protect Your Business Now
The convergence of AI-powered lawsuits, increasing filing volumes, and regulatory deadlines creates an urgent compliance imperative. Here's what to do:
1. Get a Baseline — Today
You can't fix what you haven't measured. Run a free accessibility scan with RatedWithAI to identify WCAG violations on your website. Our scanner uses axe-core — the same engine behind 3 billion downloads and the most trusted name in automated accessibility testing.
2. Implement Continuous Monitoring
A one-time audit is a snapshot. Websites change constantly — new content, updated code, third-party widget changes. The DOJ's objection to the Fashion Nova settlement specifically cited the lack of ongoing monitoring as a fundamental flaw. Continuous scanning catches regressions before they become legal targets.
3. Document Everything
In states with "right to cure" laws (Utah's 90 days, Missouri's 30 days, California's proposed 120 days), documented evidence of ongoing compliance efforts can be your strongest defense. Regular scan reports create a paper trail showing good-faith commitment to accessibility.
4. Don't Rely on Overlays
The FTC fined accessiBe $1 million for misleading claims about overlay technology. Cox Media Group's investigation has weaponized this story across national TV. And 30% of websites that got sued in 2023 had an overlay installed. Read our analysis of why overlays don't work.
5. Leverage the Tax Credit
Small businesses (≤$1M revenue or ≤30 employees) can claim up to $5,000 annually through the IRS Disabled Access Credit (Form 8826). At $348/year for RatedWithAI monitoring, the tool effectively pays for itself multiple times over through the tax credit alone.
Don't Wait for a Lawsuit to Take Action
With pro se ADA lawsuits up 40% and AI making it easier than ever to file, proactive compliance isn't optional — it's essential. Scan your website for free and see where you stand.
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Frequently Asked Questions
How much did ADA pro se lawsuits increase in 2025?
Federal pro se ADA Title III lawsuits increased by 40% in 2025 compared to 2024, according to Seyfarth Shaw data from LexMachina. Pro se plaintiffs filed 1,867 federal ADA Title III lawsuits in just the first nine months of 2025, compared to 1,774 for all of 2024.
Are plaintiffs actually using AI to file ADA lawsuits?
Yes. According to Seyfarth Shaw, "Most pro se litigants we encounter are using AI tools to help them litigate." Tell-tale signs include citation of non-existent cases, incorrect case holdings, impossibly fast brief production, and sophisticated writing that doesn't match the plaintiff's spoken English skills. Tools like ChatGPT, Copilot, and Gemini are used to draft complaints, motions, and briefs.
How many total ADA Title III lawsuits were filed in 2025?
There were 8,667 ADA Title III lawsuits filed in or removed to federal district courts in 2025. California led with 3,252, followed by Florida (1,823) and New York (1,471). This doesn't include state court filings, which are increasing significantly — the true total of accessibility legal actions likely exceeds 12,000-15,000.
What is a pro se ADA lawsuit?
A pro se lawsuit is one where the plaintiff represents themselves without an attorney. AI tools like ChatGPT now enable individuals without legal training to draft formal complaints, motions, and briefs — dramatically lowering the barrier to filing ADA lawsuits.
Which states have the most ADA lawsuits?
In 2025, the top 5 states for federal ADA Title III lawsuits were: California (3,252), Florida (1,823), New York (1,471), Illinois (659), and Missouri (183). Illinois saw a 65% increase as New York plaintiff lawyers migrated there. Indiana was a newcomer to the top 10.
How can businesses protect themselves from AI-powered ADA lawsuits?
The most effective protection is proactive compliance: regular automated scanning, continuous monitoring to catch regressions, and documented evidence of ongoing efforts. At $29/month for monitoring, prevention costs a fraction of defending even one lawsuit ($40,000+ in legal fees).
Are courts taking action against AI-generated legal filings?
Some courts have sanctioned litigants and dismissed cases for AI misuse. Judge Boyko in Ohio has a standing ban on AI in court filings. But the 40% surge shows judicial responses aren't keeping pace. Seyfarth predicts more judges will address this, but there's no uniform standard yet.
Will ADA lawsuits continue to increase in 2026?
Multiple factors point to continued growth: AI tools are improving, the ADA Title II deadline hits April 24, 2026, more cases are migrating to state courts (invisible in federal data), and media coverage is increasing plaintiff awareness. While some states are introducing cure laws, the overall litigation environment remains aggressive.
Sources
- Seyfarth Shaw / Minh N. Vu, "Federal Pro Se ADA Title III and FHA Lawsuit Numbers Surge, Likely Powered by AI" (October 27, 2025)
- Seyfarth Shaw / Mondaq, "ADA Title III Federal Lawsuit Filings Fall Slightly To 8,667 In 2025" (February 2026)
- Deque Systems, "The Rise of AI-Powered Pro Se Lawsuits and the Case for Proactive Accessibility" (February 2026)
- Deque Systems, "Day One at Axe-con 2026" (February 2026)
- NBC News, "Many litigants are using ChatGPT to bring lawsuits instead of hiring counsel" (2025)
- The Wall Street Journal, "Small Businesses Targeted by Website Accessibility Lawsuits" (2025)
- Courthouse News Service, "California Senate Bill 84: Right to Cure for ADA Violations" (February 2026)
- UsableNet, "WSJ Exposes the High Costs of Inaccessible Websites" (June 2025)
Related Reading
Data
ADA Website Lawsuit Statistics 2026
The complete data breakdown of ADA web accessibility lawsuits by state, industry, and year.
Legal Reform
Utah & Missouri Anti-ADA Lawsuit Bills 2026
How three states are introducing "right to cure" laws to combat predatory ADA lawsuits.
Analysis
Fashion Nova Settlement Rejected by DOJ
Why the DOJ demands ongoing monitoring and what it means for your compliance strategy.
Tax Strategy
IRS Form 8826: $5,000 Tax Credit for Accessibility
How small businesses can offset accessibility costs with the Disabled Access Credit.