August 2023
ADA Website Lawsuits Recap
474 ADA website lawsuits were filed in August 2023, a substantial rise of 182 (63%) lawsuits compared to 292 lawsuits filed in July 2023.
Total Federal and State Court ADA Website Lawsuit for August 2023
Number of ADA website lawsuits filed in August: New York 223, California 163, Florida 48, Pennsylvania 24, Other States 16.
16 Plaintiffs Filed 50% ADA Lawsuits in August 2023
| Number | Plaintiff Name | Plaintiff Firm Name | Number of Cases | Percentage | Jan to Aug |
|---|---|---|---|---|---|
| 1 | Jose Casillas | Custodio & Dubey LLP | 54 | 11.39% | 73 |
| 2 | Juan Santana | Mizrahi Kroub LLP | 23 | 4.85% | 25 |
| 3 | Perla Mageno | Manning Law, APC | 20 | 4.22% | 118 |
| 4 | Blair Douglass | East End Trial Group LLC | 20 | 4.22% | 45 |
| 5 | Luis Mercedes | Stein Saks, PLLC | 15 | 3.16% | 22 |
| 6 | Kevin Yan Luis | Law Office of Noor A. Saab | 13 | 2.74% | 35 |
| 7 | Alejandro Espinoza | Mendez Law Offices, PLLC | 12 | 2.53% | 68 |
| 8 | Jasmine Toro | Mars Khaimov Law, PLLC | 10 | 2.11% | 58 |
| 9 | Rusty Rendon | Pacific Trial Attorneys, APC | 10 | 2.11% | 52 |
| 10 | Maria Dimeglio | Stein Saks, PLLC | 10 | 2.11% | 47 |
| 11 | Luis Licea | Pacific Trial Attorneys, APC | 9 | 1.90% | 55 |
| 12 | Damian Martin | Stein Saks, PLLC | 9 | 1.90% | 22 |
| 13 | Carlos Herrera | Zemel Law LLC | 9 | 1.90% | 12 |
| 14 | Nihal Erkan | Mars Khaimov Law, PLLC | 9 | 1.90% | 9 |
| 15 | Dominick Martin | Pacific Trial Attorneys, APC | 8 | 1.69% | 34 |
| 16 | Shahin Tehrani | Shahin Tehrani | 8 | 1.69% | 8 |
| 16 Plaintiffs Filed 50.42% ADA Lawsuits in August 2023 | 239 | 50.42% | 683 | ||
| 63 Plaintiffis Filed 49.58% ADA Lawsuits | 235 | 49.58% | 1294 | ||
| 474 ADA Lawsuits Filed by 79 Plaintiffs in August 2023 | 474 | 100.00% | 1977 | ||
Key Summary Points:
It’s worth noting that these plaintiffs, such as Jose Casillas, Juan Santana, and Perla Mageno, who are leading the list in the number of lawsuits filed, may not necessarily be individuals who have personally experienced accessibility barriers on the websites in question
They are often used by law firms as “professional plaintiffs” to file multiple lawsuits and seek quick and quiet settlements. Nonetheless, the sheer number of cases filed by these individuals is a testament to the importance of website accessibility compliance.
Only 5 Law Firms Filed 50% of ADA Lawsuits in August 2023
| Number | Plaintiff Firm Name | Number of Cases | Percentage | Jan to Aug |
|---|---|---|---|---|
| 1 | Stein Saks, PLLC | 55 | 11.60% | 365 |
| 2 | Custodio & Dubey LLP | 54 | 11.39% | 73 |
| 3 | Pacific Trial Attorneys, APC | 43 | 9.07% | 274 |
| 4 | Mizrahi Kroub LLP | 43 | 9.07% | 191 |
| 5 | Mars Khaimov Law, PLLC | 42 | 8.86% | 431 |
| 6 | Manning Law, APC | 31 | 6.54% | 211 |
| 7 | Law Office of Noor A. Saab | 26 | 5.49% | 134 |
| 8 | Gottlieb & Associates | 22 | 4.64% | 204 |
| 9 | East End Trial Group LLC | 20 | 4.22% | 45 |
| 10 | Roderick V. Hannah, Esq., P.A. | 17 | 3.59% | 107 |
| 11 | Shaked Law Group, P.C. | 16 | 3.38% | 104 |
| 12 | NYE Stirling, Hale & Miller, LLP | 15 | 3.16% | 95 |
| 13 | Law Offices of Ralph Ayala | 15 | 3.16% | 15 |
| 14 | J. Courtney Cunningham, PLLC | 13 | 2.74% | 96 |
| 15 | Mendez Law Offices, PLLC | 12 | 2.53% | 68 |
| 16 | Zemel Law LLC | 9 | 1.90% | 12 |
| 16 Firms Filed 91.35% ADA Lawsuits in August 2023 | 433 | 91.35% | 2425 | |
| 9 Firms Filed 8.65% ADA Lawsuits | 41 | 8.65% | 214 | |
| ADA Lawsuits Filed by 25 Firms in August 2023 | 474 | 100% | 2639 | |
Key Summary Points:
The top five law firms collectively represent a significant portion of the total ADA website lawsuits filed in August 2023.
- Stein Saks, PLLC, leads with 55 lawsuits
- Custodio & Dubey LLP follows with 54
- Pacific Trial Attorneys, APC with 43
- Mizrahi Kroub LLP, filed 43
- Mars Khaimov Law, PLLC, filed 42
Together, these firms filed a total of 237 lawsuits out of the total of 474 lawsuits filed in August. This means that they collectively accounted for approximately 50% of all ADA lawsuits filed during the month.
This high concentration of cases among the top five firms indicates their prominent role in ADA web accessibility litigation. The rest of the firms on the list also contributed to the total, but with comparatively lower individual numbers, showing the diverse involvement of various law firms in these cases.
Industries Affected by Website Accessibility Lawsuits in August 2023
| Number | Industry Category | Number of Cases | Percentage | Jan to Aug |
|---|---|---|---|---|
| 1 | Lifestyle, Fashion, Clothing & Apparel | 168 | 35.44% | 815 |
| 2 | Restaurant, Food, Drinks & Beverages | 87 | 18.35% | 604 |
| 3 | Medical, Health, Fitness & Sports Accessories | 41 | 8.65% | 239 |
| 4 | Retail & Consumer Goods | 34 | 7.17% | 122 |
| 5 | Furniture, Ligthing, Home Decor & Kitchen Accessories | 31 | 6.54% | 195 |
| 6 | Beauty, Skin & Body Care | 27 | 5.70% | 145 |
| 7 | Educational, Media, Magazines & Kids Accessories | 16 | 3.38% | 79 |
| 8 | Computer, Mobile & Electronic Accessories | 13 | 2.74% | 63 |
| 9 | Travel, Hotels & Hospitality | 12 | 2.53% | 182 |
| 10 | Pet Care & Accessories | 12 | 2.53% | 34 |
| Top 10 Industries Faced 93% of ADA lawsuits | 441 | 93.04% | 2478 | |
| Other 10 industries collectively faced 6.96% of the lawsuits | 33 | 6.96% | 266 | |
| Industries Affected by Website Accessibility Lawsuits in August 2023 | 474 | 100% | 2744 | |
ADA Lawsuits Filed By Web Platforms in August 2023
It’s important to note that the filing of these lawsuits is not a reflection of the inherent inaccessibility or non-compliance of the platforms themselves. Instead, these cases are typically related to how businesses have implemented and maintained their websites on these platforms.
The responsibility for ensuring ADA compliance often lies with the website owners or operators, who must ensure that their sites, regardless of the platform used, are accessible to all users, including those with disabilities.
Shopify
An intuitive e-commerce platform for easy online store setup and management.
Lawsuits: 160
Percentage: 33.76%
WordPress
A flexible CMS with wide-ranging customization and extensive plugins.
Lawsuits: 85
Percentage: 17.93%
Salesforce Commerce Cloud
A cloud-based solution for large-scale, complex e-commerce needs.
Lawsuits: 30
Percentage: 6.33%
Magento
A scalable, open-source e-commerce platform with advanced customization.
Lawsuits: 20
Percentage: 4.22%
Other Custom Coded Websites
Tailored websites with unique features and designs for specific business requirements.
Lawsuits: 179
Percentage: 37.76%
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