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ARTICLE · 15 OCTOBER 2026

Facing An ADA Title III Lawsuit? A Practical Guide To Defense Strategies

Dickinson Wright PLLC
Dickinson Wright PLLC
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Dickinson Wright PLLC

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In 2025, ADA Title III lawsuits against private businesses surged to over 8,600 federal filings—more than triple the 2013 total. For businesses and defense counsel facing these claims, understanding the statutory framework, identifying key jurisdictional and substantive defenses, and developing a strategic response can mean the difference between a costly protracted battle and an efficient resolution that limits both remediation costs and attorney's fee exposure.

United StatesLitigation, Mediation & Arbitration
Kevin Fanning
Kevin Fanning
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Introduction

In 2025, more than 8,600 Americans with Disabilities Act Title III lawsuits were filed in, or removed to, federal court against private businesses—more than three times the 2013 total. For businesses facing a Title III lawsuit, the immediate question is how best to respond. For defense counsel, the immediate question is how to respond when an ADA lawsuit arrives. An early, confidential settlement with the lowest practical payment can cut off the plaintiff’s fees and reduce defense costs, but a settlement is not always available—or strategically sound. This article explains the Title III framework, identifies key defenses, and examines the strategic choices that most often determine the cost and outcome of these cases.

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