Website accessibility law in Massachusetts

Massachusetts bars disability discrimination in public accommodations with at least $300 per act to the aggrieved person, plus compensatory and punitive damages and attorney's fees under c. 93 § 103; no Massachusetts court has been confirmed applying it to a website. On top of that, the federal ADA applies in Massachusetts as everywhere: a business that loses or settles a website accessibility suit pays the plaintiff’s attorney’s fees.

The law

Minimum per violation
$300
Can a person sue for money?
Yes
Attorney's fees under state law
Yes
Other money remedies
  • c. 93, § 103: civil action in superior court for injunctive and equitable relief, including compensatory and exemplary damages, plus costs and reasonable attorney's fees
  • c. 272, § 98: criminal fine up to $2,500 or imprisonment up to 1 year, or both
  • c. 272, § 98A (service dogs): criminal fine up to $300; civil damages under c. 151B with a $100 minimum civil forfeiture
Websites
We found no court decision applying Massachusetts 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 Massachusetts and everywhere else.

Lawsuits in Massachusetts

Our lawsuit tracker has indexed 24 federal court records from Massachusetts. It’s a sample, not a complete count: it covers dockets that say what they’re about.

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Questions

Can a business in Massachusetts 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 Massachusetts law a person can sue the business directly. We found no court decision applying Massachusetts law to a website.

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

$300 per violation under Mass. G.L. c. 272, §§ 92A, 98 (public accommodation), before attorney's fees.

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

Under the federal ADA, yes: a business that loses or settles usually pays the plaintiff's attorney's fees (42 U.S.C. § 12205). Massachusetts law also provides for attorney's fees.

Which accessibility standard should a Massachusetts 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.