Exploring the Surge in ADA Compliance and Data Breach Class Action Lawsuits

An article by Epic notes that class action lawsuits have surged to unprecedented levels, driven by two primary categories: ADA compliance and data breaches. The increase in Americans with Disabilities Act-related filings stems from the evolving definition of accessibility, now extending into digital realms. 

Websites and apps are required to accommodate disabilities, a task complicated by technological advancements demanding alt text, color contrast, and screen reader compatibility. Since 2018, ADA-related class actions have nearly doubled, exacerbated by attempts to leverage generative AI for compliance auditing, though this approach has also sparked litigation.

Simultaneously, data breach class actions have skyrocketed. From just over 300 filings in 2020-2021 to 1320 in 2023, breaches surged by 78% annually, driven by cybercrime sophistication and expanded data storage. Strengthened global data protection laws, like GDPR and CCPA, have empowered victims, contributing to a fourfold increase in breach-related suits since 2020. AI has facilitated this growth by streamlining evidence collection, outcome prediction, and claim management.

Epic says these trends reflect broader societal shifts. High-profile settlements inspire further litigation, while technological complexities and regulatory frameworks amplify legal risks. As companies adapt, the intersection of AI and legal compliance becomes pivotal. Despite AI’s potential, concerns persist over its capacity to ensure rigorous ADA compliance or prevent breaches, mirroring broader debates over its reliability in complex domains.

Looking ahead, the trajectory of class action litigation appears set to continue its ascent. ADA compliance issues will evolve alongside digital innovation, necessitating ongoing legal adaptation. Similarly, data breaches will likely escalate with cybercrime advancements and regulatory responses. Amid these dynamics, AI’s role will remain pivotal, promising both efficiencies and challenges in the litigation landscape.