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LITIGATION INTELLIGENCE

See which findings have shown up in real cases

Compliable maps your accessibility findings to WCAG, the AODA, the Accessible Canada Act, the ADA, and Section 508, and shows past cases that cited similar issues. Canadian context for Canadian sites, U.S. case history for U.S. sites.

Compliable is not a law firm and does not provide legal advice.

WCAG

Success criteria on every finding

AODA + ACA

Canadian context for Canadian sites

ADA + 508

U.S. case history for U.S. sites

Sourced

Every case links to its source

History, not prediction

Past cases show which kinds of issues have been cited before. They do not predict whether any site will face a complaint or lawsuit, and automated scanning detects only part of all barriers.

PRECEDENT DATABASE

Every finding mapped to real case law

Compliable cross-references scan findings against a curated catalogue of more than 200 court decisions, settlements, consent decrees, and regulatory actions, each with a citation and a source link. Canadian sites see Canadian context (AODA, the Accessible Canada Act, human rights tribunals). U.S. sites see U.S. case history (ADA, Section 508, state law).

Verified sources only

Court and tribunal decisions (including CanLII and the HRTO), DOJ consent decrees from archive.ada.gov, Lainey Feingold's structured-negotiation archive, Disability Rights Advocates filings, and the Civil Rights Litigation Clearinghouse.

Honest framing, not predictions

We surface what plaintiffs have actually cited, with citations, status, and a link to the source. We never claim a scan predicts a lawsuit. Vacated and dismissed cases stay labelled so users see the full picture.

12 cases worth knowing (U.S. and Canada)

Past lawsuits citing similar issues. Not legal advice.

Robles v. Domino's Pizza

SCOTUS cert denied

U.S. | 913 F.3d 898 (9th Cir. 2019); cert. denied

Issues cited: JAWS screen reader could not complete an online or mobile pizza order; missing button names, link names, form labels.

Outcome: Ninth Circuit reversed dismissal and held the ADA applies to a website and mobile app with a nexus to a physical place of public accommodation. Settled on remand.

Why it matters: The single most-cited authority for retailers and quick-service food brands with physical locations across the western United States.

View source

NFB v. Target

settled

U.S. | 452 F. Supp. 2d 946 (N.D. Cal. 2006); class settlement 2008

Issues cited: Missing alt text on product images, mouse-only interactions, inaccessible checkout form fields.

Outcome: $6 million class damages plus $3.7 million attorney fees. Established the foundational nexus theory under the California Unruh Civil Rights Act and the ADA.

Why it matters: First major web accessibility class settlement. Every subsequent California retail case traces back to this ruling.

View source

Gil v. Winn-Dixie

vacated as moot

U.S. | 993 F.3d 1266 (11th Cir. 2021), vacated as moot

Issues cited: Screen reader could not refill prescriptions, link a digital coupon to a rewards card, or locate stores.

Outcome: Eleventh Circuit rejected the nexus standard and held that websites are not places of public accommodation. Vacated as moot in December 2021 but the panel opinion remains the most-cited Eleventh Circuit guidance.

Why it matters: The defense-favoring outlier. Plaintiffs in Florida, Georgia, and Alabama face a much harder pleading burden than plaintiffs in California, New York, or Massachusetts.

View source

NAD v. Netflix

consent decree

U.S. | 869 F. Supp. 2d 196 (D. Mass. 2012)

Issues cited: Only a small portion of Netflix Watch Instantly content carried closed captions.

Outcome: Consent decree October 2012: Netflix to caption 100 percent of its US streaming library by September 30, 2014.

Why it matters: Holds that a pure-internet business can be a place of public accommodation under Title III, and that captioning is required for streaming content.

View source

NAD v. Harvard and NAD v. MIT

consent decree and settlement

U.S. | D. Mass. consent decree 2/26/2020 (Harvard); settlement 7/21/2020 (MIT)

Issues cited: Missing or inaccurate captions on edX, MOOCs, course videos, podcasts, lecture archives. YouTube auto-captions used in place of human captions.

Outcome: Harvard approximately $1.5 million attorney fees plus injunctive remediation. MIT approximately $1.6 million attorney fees plus injunctive remediation.

Why it matters: Establishes that universities subject to Title III and Section 504 must caption publicly available online video and audio. Auto-captions are insufficient.

View source

DOJ v. H&R Block

consent decree

U.S. | Consent Decree, D. Mass., March 2014

Issues cited: Tax preparation website, product, and mobile apps inaccessible to blind, deaf, and motor-impaired users.

Outcome: Five-year consent decree requiring WCAG 2.0 AA across web, mobile, and the tax filing utility by January 1, 2015. $45,000 to two individual plaintiffs plus a $55,000 civil penalty and an outside annual evaluator.

Why it matters: A DOJ consent decree covering both web and mobile, with independent annual evaluation built into the remedy.

View source

DOJ v. UC Berkeley

consent decree

U.S. | Consent Decree, N.D. Cal., December 2022

Issues cited: More than 20,000 YouTube videos lacked captions or had auto-generated captions only. Podcasts lacked transcripts.

Outcome: Three-and-a-half year remediation, revised accessibility policy, independent auditor. Title II requires public universities to caption publicly available online content.

Why it matters: The benchmark for Title II YouTube and podcast captioning obligations across public higher education.

View source

DOJ v. Rite Aid

settled

U.S. | Settlement Agreement, archive.ada.gov, November 1, 2021

Issues cited: COVID-19 vaccine portal calendar not announced to screen readers, broken tab order on the consent form, insufficient color contrast on text and links.

Outcome: Rite Aid required to conform the portal to WCAG 2.1 AA within 30 days. Quarterly testing for 30 months.

Why it matters: A DOJ settlement that specified WCAG 2.1 AA and called out color contrast by name.

View source

Alcazar v. Fashion Nova

settled (DOJ objection)

U.S. | Class action settlement approved 2025, C.D. Cal.

Issues cited: Standard image-alt, link-name, button-name, label, and color-contrast suite. Site inaccessibility for screen reader users.

Outcome: $5.15 million total fund (approximately $2.43 million to California subclass members, $2.52 million to plaintiffs' counsel). DOJ filed a Statement of Interest opposing the settlement as not fair, reasonable, and adequate under FRCP 23.

Why it matters: A large reported web accessibility class settlement. The DOJ objection shows that the adequacy of remediation and the share of attorney fees in class settlements can draw federal scrutiny.

View source

Donna Jodhan v. Canada

decided (Charter ruling)

Canada | 2010 FC 1197; aff'd 2012 FCA 161

Issues cited: Blind plaintiff could not create a profile to apply for federal jobs and could not complete the 2006 online Census without sighted assistance.

Outcome: Federal Court ruled the Government of Canada's failure to maintain its sites to its own accessibility standards violated section 15(1) Charter equality rights. 15 months to remediate. Federal Court of Appeal affirmed.

Why it matters: Foundational Canadian federal decision on government website accessibility, often compared to NFB v. Target in the U.S.

View source

Acheson Hotels v. Laufer

dismissed as moot

U.S. | 601 U.S. ___ (2023), 144 S. Ct. 18

Issues cited: Hotel reservation websites did not disclose ADA accessibility information about guest rooms (28 C.F.R. 36.302(e)).

Outcome: Supreme Court dismissed 9-0 as moot. The standing question for ADA testers was left unresolved and the circuit split survives.

Why it matters: Even after dismissal, hotel reservation rule plaintiffs continue to file. The deeper consequence: tester standing remains an open question and lower courts are still filtering by jurisdiction.

View source

Charles Schwab structured negotiation

agreement in force

U.S. | Settlement Agreement, lflegal.com, November 2024

Issues cited: Four blind clients identified barriers across Schwab digital properties (web and mobile).

Outcome: Schwab digital properties remediation against WCAG 2.2 AA, including the new focus-not-obscured criterion.

Why it matters: Sets WCAG 2.2 AA as the target for a major financial services company, a step above the 2.1 AA seen in DOJ orders.

View source

See your site mapped to real cases

Run a free single-page scan to see your findings alongside past cases that cited similar issues, with the case name, citation, status, and a link to the source. Automated scanning detects only part of all barriers, and a past case is not a prediction.

Run a free Compliable scan
U.S. CASE HISTORY BY SECTOR

Where U.S. lawsuits land

Sectors that recur across the U.S. cases in our catalogue, with representative cases for each.

Past lawsuits citing similar issues. Not legal advice.

E-commerce

Checkout flows, product images, and form labels

Representative cases

  • Alcazar v. Fashion Nova
  • Andrews v. Blick Art Materials
  • Del-Orden v. Bonobos

Restaurants and quick-service food

Online ordering, menus, and store locators

Representative cases

  • Robles v. Domino's Pizza
  • Markett v. Five Guys
  • Haynes v. Dunkin' Donuts

Hospitality

Reservation rule (28 C.F.R. 36.302(e)) filings still active post-Acheson

Representative cases

  • Acheson Hotels v. Laufer
  • DOJ v. Marriott International (2024)
  • Thurston v. Omni Hotels

Healthcare and pharmacy

Driven by COVID-19 vaccine portal enforcement actions

Representative cases

  • DOJ v. Rite Aid (vaccine portal)
  • DOJ v. Hy-Vee (vaccine portal)
  • Vargas v. Quest Diagnostics

Higher education

Captioning, MOOCs, and library systems

Representative cases

  • NAD v. Harvard
  • NAD v. MIT
  • DOJ v. UC Berkeley

Financial services

Banking, brokerage, credit unions, and fintech

Representative cases

  • Charles Schwab structured negotiation (2024)
  • Martinez v. San Diego County Credit Union
  • Bank of America structured negotiation series
U.S. CIRCUITS AND CANADA

The geographic risk landscape

U.S. federal circuits split on whether a website is a place of public accommodation, and Canada has its own laws and tribunals. The same finding can carry different weight in San Francisco, Brooklyn, Miami, and Toronto. Compliable's litigation-intelligence score weights findings by the jurisdiction the scanned site appears to serve, inferred from signals such as its domain, address, and postal codes.

Tier A (high plaintiff favor)

9th and 1st Circuits, plus California Unruh

Robles binds in the 9th Circuit. NAD v. Netflix and the NAD v. Harvard / MIT consent decrees anchor the 1st Circuit. California Unruh adds statutory damages of $4,000 per violation, which is why class-action vehicles like Alcazar v. Fashion Nova end at $5 million plus.

Tier B (moderate)

2nd and 4th Circuits

2nd Circuit (S.D.N.Y. and E.D.N.Y.) accepts the nexus theory and the website-as-public-accommodation theory: high filing volume from serial plaintiffs. 4th Circuit has fewer published opinions but accepts standard nexus pleadings.

Tier C (defendant favor)

11th Circuit; 9th Circuit for online-only

Gil v. Winn-Dixie (vacated as moot but persuasive) rejects the nexus theory in the 11th Circuit. Earll v. eBay limits 9th Circuit reach for purely online businesses with no physical nexus.

Tier D (California Unruh narrow)

Post-Martinez v. Cot'n Wash (2022)

A California appellate court held that a purely online business with no physical location is not a place of public accommodation under the ADA, so an Unruh claim against it must allege intentional discrimination. Businesses with physical locations remain exposed.

Canada

Ontario's AODA requires designated public sector organizations and organizations with 50 or more employees to meet WCAG 2.0 Level AA for web content. Federal government entities and federally regulated sectors fall under the Accessible Canada Act (ACA). Human rights tribunals such as the HRTO hear individual complaints (for example Burggraaf v. Convergys, 2025 HRTO 2599), and Donna Jodhan v. Canada (2010 FC 1197) remains a foundational Charter decision. In July 2026 Compliable measured 7,485 page scans across 1,045 Ontario public-sector organizations: at least 89.4% of the 884 AODA-bound organizations showed at least one detectable WCAG 2.0 Level AA violation.

European Union

The European Accessibility Act (EAA) has been in force since June 28, 2025. Early enforcement signals: ApiDV and Droit Pluriel emergency injunctions against Auchan, Carrefour, E. Leclerc, and Picard in France (November 2025); Norwegian Health Authority compulsory fine against the HelsaMi patient app (late 2025).

HOW WE HELP

Evidence of what is on your site

Tools and services to find accessibility barriers and plan the fixes.

Automated scan reports

Pages rendered in a real headless Chrome browser on desktop and mobile and tested with the open-source axe-core engine. Findings are mapped to WCAG, the AODA, the Accessible Canada Act, the ADA, and Section 508.

Litigation intelligence

Findings shown alongside past cases and regulatory actions that cited similar issues, with citations, status, and source links. Historical context, never a prediction.

Expert audits

Manual review by people, covering the barriers automated tools cannot detect. Booked through a call with our team.

Remediation guidance

Prioritized guidance from our team on what to fix first and how. Your developers make the fixes; nothing is changed on your site automatically.

If you receive a demand letter or complaint

1

Talk to your lawyer

If you receive a U.S. demand letter or a Canadian accessibility complaint, get legal advice first. Compliable is not a law firm.

2

Scan the pages in question

Run a free single-page scan to see detectable WCAG issues and the past cases that cited similar findings.

3

Book a call

Talk to our team about an expert audit and remediation guidance for the pages and flows that matter.

4

Fix and re-scan

Your team fixes the issues and re-scans to confirm the detectable ones are resolved.

What we provide

Automated WCAG scan reports for desktop and mobile
Findings mapped to AODA, Accessible Canada Act, ADA, and Section 508
Past cases and regulatory actions citing similar issues
Expert audits of what automation cannot detect
Remediation guidance from our team

What we do not do

  • Give legal advice or represent you in a dispute
  • Guarantee compliance or the outcome of any claim
  • Fix your site automatically or install an overlay
  • Predict whether you will face a complaint

Common questions

Is this legal advice?
No. Compliable is not a law firm and does not provide legal advice or legal representation. Our reports and case references are historical context to share with your own counsel.
What if I've already received a demand letter or complaint?
Speak with a lawyer first, since response windows can be short. You can run a free scan at any time, and you can book a call with our team to discuss an expert audit and remediation guidance.
Which laws and jurisdictions are covered?
Findings are mapped to WCAG and to the AODA, the Accessible Canada Act, the ADA, and Section 508. Litigation intelligence shows Canadian context for Canadian sites and U.S. case history for U.S. sites.
Can a scan prove my site is compliant?
No. Automated scanning detects only part of all accessibility barriers. A clean automated result is not proof of compliance, which is why we also offer manual expert audits.