Website accessibility law in Arizona

An Arizona customer can sue for an order to fix the problem, and § 41-1492.09(B) arguably adds non-punitive money damages in any civil action under the AzDA. The Attorney General can also seek civil penalties of $5,000–$10,000, and there is no fixed per-violation award. On top of that, the federal ADA applies in Arizona as everywhere: a business that loses or settles a website accessibility suit pays the plaintiff’s attorney’s fees.

The law

Minimum per violation
None set
Can a person sue for money?
Yes
Attorney's fees under state law
Unconfirmed
Other money remedies
  • monetary damages to aggrieved persons, no punitive damages — § 41-1492.09(B)(2), which by its terms applies 'in any civil action brought under this article' (so arguably private suits too, though § 41-1492.08(A) itself lists only preventive or mandatory relief)
  • court may allow the prevailing party (other than the AG) reasonable attorney fees 'in any action or proceeding under this section', § 41-1492.09(F); whether this reaches a private § 41-1492.08 suit is unconfirmed
Civil penalty
In AG actions: up to $5,000 first violation, up to $10,000 subsequent, A.R.S. § 41-1492.09(C)
Websites
We found no court decision applying Arizona law to a website.

The federal baseline

ADA Title III gives a private plaintiff no money damages, but a business that loses or settles pays the plaintiff’s attorney’s fees (42 U.S.C. § 12205 (opens in a new tab)). That fee-shifting is what makes a website claim expensive, in Arizona and everywhere else.

Lawsuits in Arizona

The lawsuit tracker has no indexed court records from Arizona yet.

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Questions

Can a business in Arizona be sued over an inaccessible website?

Yes. The federal ADA applies in every state, and a plaintiff can sue in federal court for an order to fix the site plus attorney's fees. Under Arizona law a person can sue the business directly. We found no court decision applying Arizona law to a website.

What is the minimum a Arizona court awards for a website accessibility violation?

Arizona law sets no fixed minimum per violation. An Arizona customer can sue for an order to fix the problem, and § 41-1492.09(B) arguably adds non-punitive money damages in any civil action under the AzDA. The Attorney General can also seek civil penalties of $5,000–$10,000, and there is no fixed per-violation award.

Do I pay the plaintiff's lawyer if I lose or settle in Arizona?

Under the federal ADA, yes: a business that loses or settles usually pays the plaintiff's attorney's fees (42 U.S.C. § 12205). Whether Arizona law adds its own fee award is unconfirmed.

Which accessibility standard should a Arizona business website meet?

The ADA doesn't name a technical standard for businesses. The Justice Department's 2022 guidance points to the Web Content Accessibility Guidelines (WCAG), and its 2024 rule for state and local governments adopted WCAG 2.1 Level AA.