In recent years, a new form of litigation has emerged that targets businesses for technical or compliance issues in their digital operations. Known as “digital drive-by” or “click-by” lawsuits, these cases exploit the rapid pace of online innovation and the complexity of legal standards governing websites and mobile apps. They have become a growing concern for brands across industries, from retail and hospitality to media and technology.

As companies expand their digital presence, understanding this trend is essential to mitigating risk and protecting brand integrity.

What Is Digital Drive-By Litigation?

Digital drive-by litigation refers to mass-filed lawsuits based on alleged noncompliance with accessibility, copyright, consumer protection, or privacy laws. Plaintiffs – often represented by a handful of firms – use automated tools to identify potential violations, such as inaccessible website elements, missing disclosures, or unlicensed media content. Claims are then filed in bulk, frequently with minimal factual investigation.

The most common foundation for these cases is the Americans with Disabilities Act (ADA), which requires websites to meet accessibility standards similar to those governing physical spaces. Other claims may cite the Digital Millennium Copyright Act (DMCA), state privacy statutes, or deceptive trade practice laws. Because settlements are typically cheaper than prolonged litigation, many companies pay out quickly, creating a profitable cycle for opportunistic plaintiffs.

Why Brands Are at Risk

Modern websites are dynamic environments. Content updates, plug-ins, and third-party integrations change frequently, often without direct legal oversight. Each update introduces new potential for technical noncompliance. Meanwhile, plaintiffs’ attorneys are using increasingly sophisticated scanning tools to identify such issues within seconds.

Industries that rely on frequent digital updates such as e-commerce, streaming services, and hospitality, face the highest risk. A single oversight in accessibility or privacy disclosure can trigger a wave of nearly identical lawsuits. The result is a form of legal whiplash, where technical mistakes are weaponized for quick settlements rather than genuine consumer protection.

Recent Trends and Cases

Federal and state courts have seen a sharp rise in accessibility and privacy-related filings since 2020. Some cases involve genuine accessibility concerns, while others appear driven by automation and volume. Several high-profile retailers and entertainment companies have faced hundreds of nearly identical complaints in a matter of months.

In addition to ADA-based claims, privacy laws such as the California Consumer Privacy Act (CCPA) and its state-level counterparts are becoming fertile ground for similar litigation. Increasingly, bots are used to detect untagged cookies, hidden tracking scripts, or unlicensed images, forming the basis for bulk claims filed within days.

How to Protect Your Brand

The first line of defense is proactive compliance. Companies should:

• Conduct accessibility reviews based on WCAG 2.1 standards and correct deficiencies.
• Maintain full copyright clearance for all images, videos, and audio assets.
• Keep privacy policies current, transparent, and prominently displayed.
• Review third-party integrations, such as chatbots and analytics tools, to ensure compliance with data laws.

Regular digital audits and automated compliance checks can help identify potential issues before they attract unwanted attention. Integrating legal review into design and development cycles ensures that compliance is treated as an ongoing process, not an afterthought.

Proactive IP Strategy

Beyond immediate compliance, brands should strengthen their intellectual property foundations. Registering trademarks and copyrights protects content from bad-faith claims and gives companies leverage if disputes arise. Developing internal digital brand guidelines can ensure consistent, compliant use of IP across departments and agencies.

Enforcement strategies should also anticipate potential abuse. If a brand receives a questionable demand letter or lawsuit, counsel can evaluate whether the claim constitutes a legitimate issue or a predatory filing. Some companies may also benefit from insurance policies or contractual indemnities that cover accessibility or privacy-related claims.

Practical Steps for Immediate Risk Reduction

To minimize exposure, brands can take several immediate actions:

• Schedule a comprehensive digital audit covering accessibility, IP, and privacy.
• Implement an accessibility roadmap and designate accountability across teams.
• Train developers, designers, and marketing staff on compliance best practices.
• Establish a rapid response plan for handling digital legal threats efficiently.

These steps not only reduce litigation risk but also improve the overall quality and user experience of a company’s online platforms.

The rise of digital drive-by litigation highlights the growing intersection of technology, law, and opportunism. As brands expand their online presence, the cost of ignoring compliance can be far greater than the cost of prevention. A thoughtful, proactive approach protects both the brand’s reputation and its bottom line.

Digital compliance is no longer optional, it is a core element of risk management. By staying ahead of evolving standards and working with experienced counsel, companies can ensure their digital innovation continues without unnecessary legal detours.