CALIFORNIA ADA WEBSITE LAWSUITS JANUARY TO JULY 2023
In today’s digital age, ensuring website accessibility for all users, including those with disabilities, is a legal and moral imperative. However, as the ongoing flood of lawsuits in California reveals, businesses small to large are under siege from an onslaught of lawsuits and demand letters in California.
Between January and July 2023, 30 plaintiffs filed a staggering 477 lawsuits in California State courts under the Unruh Act, and 15 in California Federal Courts.
Most notably, EcomBack’s research into website litigation under the Unruh Act uncovers startling and brazen lack of accountability by certain plaintiff attorneys who engage in high-frequency litigation.
This report provides a comprehensive overview of the ADA website lawsuits landscape in California. From the most litigious plaintiffs and firms to the industries most under attack, this report paints a vivid picture of the ADA website compliance climate in the Golden State. Dive into the numbers, the key players, and the industries that have found themselves in the crosshairs.
Report Summary:
- 492 website accessibility lawsuits were filed from January to July 2023 of which 477 cases were in California State courts, and 15 in California federal courts
- 249 lawsuits filed against food and restaurant websites; that’s almost 50% of total lawsuits in California
- 227 lawsuits were filed by Pacific Trial Attorneys, APC, 46.14% of total ADA lawsuits filed in California
- Plaintiff Perla Mageno from Manning Law, APC, is the top lawsuit filer with 99 lawsuits
- 174 websites using an overlay widget were sued during the period. That’s 34.39% of total ADA lawsuits filed in California
Total ADA Website Lawsuit Numbers for January to July 2023 in California
Number of lawsuits each month: January 51, February 16, March 78, April 86, May 89, June 107, and July 65.
List of Plaintiff Firms Filing Unruh / ADA Website Lawsuits in California
This year, in California, a staggering 83% of website lawsuits against businesses have been filed by just two law firms. However, the California Commission for Disability Access (CCDA) has received only 158 complaints and not a single demand letter. Defense attorneys argue that this discrepancy is not only misleading for the legislature but also breaches AB 2917, which was enacted in January 2023 to ensure transparency in accessibility litigation.
| Lawsuits Filed | Percentage | |
|---|---|---|
| Pacific Trial Attorneys, APC | 227 Lawsuits | 46.14% |
| Manning Law, APC | 182 Lawsuits | 36.99% |
| Custodio & Dubey LLP | 19 Lawsuits | 3.86% |
| Wilshire Law Firm | 11 Lawsuits | 2.24% |
| John Paul Hutchins (Pro-se) | 10 Lawsuits | 2.03% |
| Viridiana Quevedo (Pro-se) | 10 Lawsuits | 2.03% |
| Center For Disability Access | 3 Lawsuits | 0.61% |
| Vanessa Orellena (Pro-se) | 8 Lawsuits | 1.63% |
| Law Offices of Morse Mehrban | 5 Lawsuits | 1.02% |
| Amber M. Ortiz (Pro-se) | 4 Lawsuits | 0.81% |
| The Hill Law Firm | 4 Lawsuits | 0.81% |
| The Santa Clarita Law Firm | 4 Lawsuits | 0.81% |
| Kevin Rosales (Pro-se) | 2 Lawsuits | 0.41% |
| Apex Trial Law | 3 Lawsuits | 0.61% |
| Total ADA Website Lawsuits Filed | 492 Lawsuits |
Non-Compliance with AB 2917
Under reporting of demand letters and complaints by attorneys
EcomBack’s research reveals significant concerns about AB 2917 which went into effect in January 2023. Sponsored by Assembly member Mike Fong, this legislation mandates attorneys to register demand letters and complaints about accessibility, both physical and digital, with the California Commission on Disability Access (CCDA) within five days.
However, it seems many attorneys are not following the simple and crystal clear rules. CCDA has informed us that not a single demand letter has been registered with the commission since January 2023, and only 158 of 492 complaints were reported as of July 2023.
Not ironically, many of the very same attorneys taking businesses to court for web accessibility issues often have non-compliant websites themselves.
In essence, some attorneys seem to operate above the law by targeting businesses for alleged accessibility violations and extracting tens of thousands of dollars in settlements, while themselves ignoring similar standards, undermining their copy-paste complaints under the pretext of promoting genuine disability rights via several tester plaintiffs.
If your business has received a demand letter or lawsuit in 2023 for website accessibility email the CCDA and contact the State Bar to ensure that the complaint was registered with them as per the requirements of AB 2917. You may want to email Assembly member Mike Fong to let his office know as well.
Settlements and Plaintiff Attorney’s Fees
Because the Unruh Act incentivizes lawsuits against businesses with statutory damages of $4,000 plus attorneys fees, some plaintiff attorneys have found an extremely profitable niche in which to demand egregious fees for themselves as part of the settlements from businesses, who cannot afford to litigate in an unfair fight.
California’s lawmakers need to look into plaintiff attorneys fees in Unruh Act cases that far exceed the reasonable hourly billable costs it takes to file and settle these copy-paste, boilerplate cases.
For more insight, read this Report and Recommendation by a panel of judges in the case of Laufer vs Acheson Hotels, which is before the Supreme Court.
ADA Website Plaintiffs in California January to July 2023
The top 15 plaintiffs filed 433 out of the 492 of the cases in California, which is 88% of the cases.
| Firm Name | Cases Filed | Percentage | |
|---|---|---|---|
| Perla Mageno | Manning Law, APC | 99 Lawsuits | 20.12% |
| Rusty Rendon | Pacific Trial Attorneys, APC | 44 Lawsuits | 8.94% |
| Luis Licea | Pacific Trial Attorneys, APC | 42 Lawsuits | 8.54% |
| Drew Hunthausen | Pacific Trial Attorneys, APC | 38 Lawsuits | 7.72% |
| Isabel Rendon | Pacific Trial Attorneys, APC | 37 Lawsuits | 7.52% |
| Rebecca Castillo | Manning Law, APC | 28 Lawsuits | 5.69% |
| Dominick Martin | Pacific Trial Attorneys, APC | 25 Lawsuits | 5.08% |
| Cesar Cotto | Manning Law, APC | 20 Lawsuits | 4.07% |
| Jose Casillas | Custodio & Dubey LLP | 19 Lawsuits | 3.86% |
| Sheila Biglang-Awa Castro | Manning Law, APC | 18 Lawsuits | 3.66% |
| Jennifer Carbine | Manning Law, APC | 17 Lawsuits | 3.46% |
| Brittney Mejico | Pacific Trial Attorneys, APC | 16 Lawsuits | 3.25% |
| John Paul Hutchins - in Pro Per | John Paul Hutchins - in Pro Per | 10 Lawsuits | 2.03% |
| Mitchell Walter | Pacific Trial Attorneys, APC | 10 Lawsuits | 2.03% |
| Viridiana Quevedo - in Pro Per | Viridiana Quevedo - in Pro Per | 10 Lawsuits | 2.03% |
| Vanessa Orellena - In Pro Per | Vanessa Orellena - In Pro Per | 8 Lawsuits | 1.63% |
| Cheryl Thurston | Pacific Trial Attorneys, APC | 8 Lawsuits | 1.63% |
| Portia Mason | Wilshire Law Firm | 6 Lawsuits | 1.22% |
| Ismael Herrera | Pacific Trial Attorneys, APC | 5 Lawsuits | 1.02% |
| Crystal Redick | Wilshire Law Firm | 5 Lawsuits | 1.02% |
| Amber M. Ortiz - in Pro Per | Amber M. Ortiz - in Pro Per | 4 Lawsuits | 0.81% |
| Cassandra Wilson | The Hill Law Firm | 4 Lawsuits | 0.81% |
| Sylvia Santos | The Santa Clarita Law Firm | 4 Lawsuits | 0.81% |
| Christian Hernandez | Law Offices of Morse Mehrban | 3 Lawsuits | 0.61% |
| Thomas Dorobiala | Center For Disability Access | 3 Lawsuits | 0.61% |
| Chris Langer | Center For Disability Access | 2 Lawsuits | 0.41% |
| Licea Jose | Pacific Trial Attorneys, APC | 2 Lawsuits | 0.41% |
| Alejandra Perez | Law Offices of Morse Mehrban | 2 Lawsuits | 0.41% |
| Kevin Rosales - in Pro Per | Kevin Rosales - in Pro Per | 2 Lawsuits | 0.41% |
| Ameloot Lore | Center For Disability Access | 1 Lawsuit | 0.20% |
| Total | 492 Lawsuits |
California’s High Frequency Plaintiff Testers
As the table above shows, many tester plaintiffs are high-frequency litigants such as the recently prosecuted Scott Norris Johnson. They typically receive $4000 per infraction under the Unruh Act.
Was the Unruh Act’s statutory penalty designed to be a bounty system for a handful of people? Are tester plaintiffs, many of whom receive Social Security Disability and Medicare, even reporting the work they do as testers and are they filing taxes for the settlement amounts they earn doing this work of “testing”?
Was the Unruh Act’s statutory penalty designed to be a bounty system for a handful of people? Are tester plaintiffs, many of whom receive Social Security Disability and Medicare, even reporting the work they do as testers and are they filing taxes for the settlement amounts they earn doing this work of “testing”?
Pro-Per Filers
In studying cases filed by the following Pro-Per filers listed above (Kevin Rosales, Vanessa Orellena, Viridiana Quevedo, Amber M. Ortiz, and John Paul Hutchins), we found that the phone number listed for all of these individuals is the same and the complaints are nearly identical.
A “Pro-Per” filer, also often referred to as “Pro Se,” means that an individual is representing themselves in court without the assistance of an attorney. It is quite curious how 5 people alleging website barriers on various websites all have the same phone number, and practically the same complaint document.
Industries affected by website accessibility lawsuits in California
The restaurant industry accounts for 50% of all website lawsuits.
| Lawsuits Filed to Date | Percentage | |
|---|---|---|
| Restaurant, Food, Drinks & Beverages | 249 | 50.61% |
| Lifestyle, Fashion, Clothing & Apparel | 81 | 16.46% |
| Travel, Hotels & Hospitality | 48 | 9.76% |
| Medical, Health, Fitness & Sports Accessories | 36 | 7.32% |
| Real Estate, Property & Apartments | 23 | 4.67% |
| Furniture, Lightning, Home Decor & Kitchen Accessories | 10 | 2.03% |
| Automobiles , Car Parts, Tools & Accessories | 8 | 1.63% |
| Beauty, Skin & Body Care | 7 | 1.42% |
| Retail & Consumer Goods | 5 | 1.02% |
| Art & Accessories | 3 | 0.61% |
California's Troubling Trend:
The Unruh Act is Used to Target Restaurant Websites
The Unruh Act’s Bounty System Targets Small Restaurants
In the bustling restaurant scene of California, a storm has been raging since the summer of 2022. Small to medium-sized establishments find themselves under siege, not from competitors, but from a wave of ADA website lawsuits. But why is California a hotspot for such claims? The answer lies in the state’s Unruh Civil Rights Act, a well-intentioned piece of legislation that, unfortunately, has given rise to a concerning trend.
The Unruh Act ensures that all individuals are entitled to equal accommodations, facilities, privileges, or services in all business establishments. While the intent behind this Act is commendable, aiming to protect the rights and dignity of all citizens, one provision has been exploited for financial gain. The Act carries a $4,000 statutory penalty payable to plaintiffs for each violation, *in addition* to the plaintiff’s attorney fees. This combination makes it particularly attractive for some plaintiff attorneys to target businesses, especially smaller ones that may not have fully “ADA-compliant” websites.
This setup has inadvertently created what many describe as a “bounty system”. The promise of guaranteed statutory damages, combined with attorney fees, motivates a segment of lawyers to actively seek out allegedly non-compliant businesses, predominantly small restaurants. For these attorneys, the modus operandi becomes clear: identify allegedly non-compliant restaurant websites, send a demand letter or initiate a lawsuit, and often push for a quick settlement. The business rationale is simple – many small restaurants, already operating on thin margins and facing the challenges of the pandemic-ridden economy, would prefer to settle than engage in costly and drawn-out litigation.
The victims here are the small restaurant owners, many of whom are non-native English speaking minorities, unaware of the intricacies of ADA compliance for their websites. They’re caught in a web of statutory penalties and legal fees, leading to financial strain, emotional distress, and in some dire cases, shutting down their lifelong dream. What is the California Restaurant Association doing about this?
While ADA compliance is undoubtedly essential, the current “bounty system” facilitated by the Unruh Act’s provisions in California paints a cautionary tale. It’s a stark reminder that even the most well-intentioned legislation can have unintended consequences when loopholes are exploited for personal gain rather than the broader public good.
ADA Website Lawsuit News
Testers testing the will of the Supreme Court
The Supreme Court is currently scheduled to hear the case of Laufer vs Acheson Hotels. Interestingly, the plaintiff, Laufer, has decided to withdraw all her cases because her previous attorney has had his law license suspended for unethical conduct. For more information, read this crime-novel of a judgment issued by a three panel bench in Maryland.
SB 585 – A solution that has hit a roadblock in the Assembly
Senate Bill 585 stands as a beacon of hope for countless small businesses grappling with crippling ADA-related lawsuits in physical access cases (not website cases). Authored by Sen. Roger Niello, this legislation not only gives business owners a fair 120-day grace period to address accessibility concerns but also effectively mitigates the heavy toll of exorbitant attorney fees and damages.
Yet, despite its undeniable promise and the rallying support from the Senate and business advocates, it remains stalled. Why has the Assembly Judiciary Committee, under the leadership of Chair Brian Maienschein (San Diego), halted a bill that could dramatically curb lawsuit abuse in California and protect businesses from plaintiff attorneys such as San Diego based Potter Handy, who have been sued by the SFO and LA district attorneys?
The question looms large, demanding an answer and swift action.
Read SB 585 here and contact your local Assembly member in California to tell Assemblymember Brian Maienschein (San Diego) to bring this bill to a vote.
California Lawmakers Websites are Inaccessible – What a shocker!
Since 2018, AB 434 mandates that California state agencies ensure their websites comply with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA or subsequent versions and certify their adherence every two years. In a recent audit of the home page of www.ca.gov by EcomBack, we uncovered 9 violations of WCAG 2.2 AA success criteria and over 20 distinct errors.
Despite these findings, the state has certified its website as compliant on June 15, 2023. Here is our website accessibility audit of ca.gov conducted in July 2023 and shared with California’s Department of Information Technology.
We’ve initiated a public information request to the state for clarification on its process for meeting accessibility requiremnts, costs, and certification standards.
California’s State Website: Certified ‘Fresh’ but Smells of Accessibility ‘Rottenness’!
Since 2018, AB 434 mandates that California state agencies ensure their websites comply with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA or subsequent versions and certify their adherence every two years. In a recent audit of the home page of www.ca.gov by EcomBack, we uncovered 9 violations of WCAG 2.2 AA success criteria and over 20 distinct errors.
Despite these findings, the state has certified its website as compliant on June 15, 2023. Here is our website accessibility audit of ca.gov conducted in July 2023 and shared with California’s Department of Information Technology.
We’ve initiated a public information request to the state for clarification on its process for meeting accessibility requirements, costs, and certification standards.
AB 1757 (formerly AB 950) – Website Accessibility
Assemblymember Brian Maienschein also brought a bill related to website accessibility, which would allow plaintiffs and their attorneys to sue even more businesses and their web resource providers. Why?
For more on that bill and updates visit www.stopab1757.com
"This is the best report on California website accessibility litigation, bar none."
Kris Rivenburgh, ADAbook.com
EcomBack is shining a light on the state of website accessibility, litigation, laws, and hypocrisy
EcomBack is dedicated to offering timely insights and analyses on accessibility lawsuits, consistently publishing comprehensive blogs and monthly reports. To ensure a deeper understanding of long-term trends and implications, EcomBack also presents semi-annual and annual reports. These publications serve as invaluable resources for businesses, legal professionals, and policymakers aiming to stay informed on the ever-evolving landscape of accessibility compliance and litigation.
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