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A statement helps in a lawsuit. Actually being accessible prevents one.

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Why you need an accessibility statement

An accessibility statement is a public, dated document that says (a) which WCAG level your site targets, (b) how a user can report a barrier, (c) the assistive technologies you test against, (d) the limits of your coverage, and (e) what happens if your feedback process fails. The Department of Justice has required defendants in ADA Title III web-accessibility consent decrees to publish one since 2018; the absence of an accessibility statement is now treated by most plaintiffs' counsel as evidence that an organization has no accessibility program at all.

Independent of whether you've been sued, the statement serves three working purposes. Internally, it forces your team to commit to a conformance target you can audit against. In discovery, it documents a remediation program that courts look favorably on versus defendants who produce nothing. And on the day a real user notices a broken flow, it gives them a feedback channel that is faster, cheaper, and less adversarial than a lawsuit — which is exactly what the DOJ wants you to provide.

What a good accessibility statement includes

The Department of Justice's standard consent-decree accessibility statement covers six sections. Every one of them is a checkmark a plaintiff can use if you omit it:

The honest answer is no — the statement is not a defense. If your site is inaccessible and someone with standing wants to sue under ADA Title III, the existence of a published statement does not block the suit. What the statement DOES do is buy you three substantial advantages: it documents a remediation program that most courts and DOJ investigators expect to see; it narrows the scope of "obviously known" defects during discovery; and it gives a real user a faster path than litigation, which both reduces lawsuit probability and demonstrates good faith if one is filed anyway. The Department of Justice's standard consent decree leaves the statement in place as a continuing obligation, year after year — it's a published commitment, not a one-time filing.

Examples and references

For a structured walk-through of every clause, see our ADA compliance checklist. For a longer discussion of why this matters even if you've installed an overlay product, see overlays vs. real fixes and our running ADA lawsuits tracker. For industry-specific risk exposure, see dental, restaurants, e-commerce, and healthcare verticals — each carries a different lawsuit volume and a different modal compliance failure pattern.

Accessibility statement FAQ

Do I need an accessibility statement on my website?
Yes, if you do business in or serve customers from the United States. While the ADA itself does not name a "statement" requirement, DOJ consent decrees in ADA Title III web-accessibility settlements routinely require defendants to publish a current accessibility statement that discloses the conformance target, feedback mechanism, known limitations, and a formal complaint procedure.
Does having a statement prevent ADA lawsuits?
No. A statement is a public commitment to a conformance target and a feedback channel; it does not by itself make a site accessible. What it DOES do is satisfy the publication requirement most DOJ consent decrees impose, demonstrate good-faith effort, and reduce the "no accessibility program" inference plaintiff firms often use as a settlement-pressure lever.
What must a WCAG accessibility statement include?
A strong statement discloses (1) the WCAG conformance level targeted, (2) a feedback contact, (3) a description of the assistive technologies the site is tested against, (4) known limitations and any third-party content the organization does not control, (5) a date the statement was last reviewed, and (6) a formal complaint procedure. The DOJ's standard consent-decree template covers all six.
WCAG 2.1 AA vs 2.2 AA — which should I target?
WCAG 2.1 Level AA is the conventional ADA Title III target in U.S. court and DOJ actions as of mid-2026 and remains the safe default. WCAG 2.2 Level AA adds nine additional success criteria and is the right forward-looking target for any site rebuilding from scratch. Either is defensible; the wrong answer is to publish a statement claiming AA without actually auditing against it.
How often should I update my accessibility statement?
At minimum, review annually. Update immediately after any material redesign, after you add a new third-party component that is materially different from your existing components, and whenever a known limitation is remediated.
Does having a statement help if I get sued?
A current, accurate statement helps because courts and DOJ investigators look more favorably on a defendant with a published conformance target and feedback channel than one with no accessibility program, and because in discovery it narrows the scope of what was "obviously known" to the defendant.
What is a formal complaint procedure and why is it required?
The formal complaint procedure is a documented escalation path for users who encounter a barrier and do not receive a timely response from the standard feedback contact. DOJ consent decrees usually require the notice to specify turnaround commitments and what alternative recourse the user has (state attorney general, DOJ Civil Rights Division, private ADA Title III counsel) if the procedure fails.
Can I just copy a generic template from the internet?
You can — but a generic template often will not match what your site actually does, and a wrong statement is worse than no statement. Plaintiffs' counsel uses inconsistencies between the published target and the actual site state as evidence of bad faith. ADAflags' free generator produces a vertical-templated statement you can customize so what you publish matches what your site genuinely does.