EcomBack 2024 Website Accessibility Lawsuits Mid-Year Trends
1,467 ADA website lawsuits were filed from January to June 2024
Number of lawsuits from January to June 2024: New York, 762, California 255, Florida 265, Pennsylvania 82, and other states 103.
ADA Web Accessibility Lawsuits – Executive Summary:
This report presents an overview of the current state of ADA website compliance litigation in the first half of 2024.
From January to June 2024, a total of 1,467 lawsuits related to the Americans with Disabilities Act (ADA), focusing on website accessibility, were filed. March saw the highest number of filings at 279, with February following closely behind at 267 cases. The lowest number was in January, with 219 filings.
This represents a downtick compared to previous years. During the same time period in 2023, 1,979 ADA lawsuits were filed.
Boilerplate cases continue to rise in popularity, with only 23 plaintiffs responsible for over half (50.37%) of the total lawsuits, highlighting a concentration of legal activity among a small group of individuals.
Despite the overall reduction in lawsuits, ensuring website accessibility has never been more important. Take a look at our mid-year analysis of ADA lawsuits, which shows which industries and platforms are at risk, as well as the disillusionment of accessibility widgets.
Key Findings
Trends Among Plaintiff Firms
One contributing factor to the decrease in ADA-based cases could be the shift by some plaintiff firms from filing in Federal courts to State courts, where cases are more challenging to track.
Target Industries & Areas
Certain industries continue to remain prominent targets, such as Lifestyle, Fashion, and Apparel, as well as Restaurants, Food, Drinks, and Beverages. These sectors continue to face scrutiny regarding their compliance with ADA regulations, highlighting the need for improved digital accessibility strategies.
Additionally, densely populated areas like California (39 million residents), Florida (23 million), and New York (nearly 20 million people) represented the highest number of lawsuits, making up an overwhelming collective total of 1,282 cases from January to June 2024.
Reduction in Use of Accessibility Widgets
In the past few years, many website owners have faced legal issues due to relying on accessibility overlay tools. Based on our findings, more businesses are focusing on addressing underlying code instead of using temporary solutions like widgets and overlays. Accessibe was sued by Tribeca Skin Center for allegedly making false claims about the effectiveness of their overlay tools in 2024.
Legal and Financial Implications
While the overall number of lawsuits has decreased, businesses must remain vigilant. Legal and financial implications can still be significant, with potential costs associated with settlements, damages, and compliance adjustments.
ADA Website Lawsuits Filed by State January - June 2024
| State Wise - Total ADA Lawsuits Filed | Total Lawsuits | Percentage | January | February | March | April | May | June |
|---|---|---|---|---|---|---|---|---|
| New York | 762 | 51.94% | 136 | 147 | 138 | 101 | 129 | 111 |
| California | 255 | 17.38% | 32 | 51 | 72 | 37 | 45 | 18 |
| Florida | 265 | 18.06% | 38 | 42 | 49 | 47 | 45 | 44 |
| Pennsylvania | 82 | 5.59% | 5 | 10 | 6 | 24 | 9 | 28 |
| All Other States | 103 | 7.02% | 8 | 17 | 14 | 23 | 22 | 19 |
| Total ADA Lawsuits Filed | 1467 | 100% | 219 | 267 | 279 | 232 | 250 | 220 |
Segment Summary:
New York accounted for 51.94% of the total ADA lawsuits filed, with 762 cases. While still a high number, it’s a drastic difference from the 1,139 cases in the same period a year prior, representing a 33.1% decline. February made up the bulk of cases in the state, with 147 lawsuits filed during that particular month.
The Southern District of New York (SDNY) is frequently targeted for ADA lawsuits because it is known to have a higher concentration of judges who are more receptive to hearing such cases. Recently, courts in NY have started asking plaintiffs for specific information, such as when they tried to use the website, what issues they faced, and how they plan to use the site in the future. This may be why there has been a decrease in the number of lawsuits.
Following New York with the most ADA-related lawsuits is Florida, another hotbed for these types of cases. The state accounted for 18.06% of the total lawsuits, with 265 cases.
However, trailing closely behind Florida was California, with only ten fewer cases at 255 lawsuits. March was the highest filing month for both Florida and California, with 49 and 72, respectively.
Pennsylvania had 82 cases, and the remaining 46 states were hit with 103 combined.
Mid-Year Comparison of ADA Lawsuits Filed
State Wise ADA Website Lawsuits Mid Year Analysis
The graph above compares the number of ADA website lawsuits filed in the first six months of 2023 and 2024 across various states.
New York: A significant decrease from 1,139 lawsuits in 2023 to 762 in 2024, representing a 33.1% decrease.
California: A decline from 422 lawsuits in 2023 to 255 in 2024, which is a 39.6% decrease.
Florida: A slight increase from 256 lawsuits in 2023 to 265 in 2024, reflecting a 3.5% uptick.
Pennsylvania: A decrease from 96 lawsuits in 2023 to 82 in 2024, representing a 14.6% decrease.
All Other States: An increase from 66 lawsuits in 2023 to 103 in 2024, a 56.1% increase.
Conclusion
In conclusion, the overall trend in the number of lawsuits shows a mixed pattern across different states. New York and California saw decreases in lawsuits yet still made up the bulk number of cases across the U.S. Florida, meanwhile, experienced a slight increase. One reason for this is that cities with high populations– New York City, Los Angeles, Miami, and so on– may have more instances where non-English speaking business owners may not understand the best practices to take when it comes to ensuring an inclusive online experience. It is important for all businesses, regardless of where they are located, to ensure that their websites are compliant with the regulations set out by the ADA.
50% of ADA website lawsuits in the first 6 months of 2024 were filed by only 23 plaintiffs
Overview
23 plaintiffs were responsible for filing 50.37% of the total ADA website lawsuits. These findings underscore the significant impact of a small group of plaintiffs on ADA litigation. It appears that plaintiffs are still jumping on the trend called boilerplate (or copy-and-paste) ADA lawsuits, a popular legal strategy for addressing widespread accessibility issues across multiple businesses. These typically involve similar or identical complaints, allowing law firms to file multiple lawsuits quickly and cost-effectively.
When we compare EcomBack’s report from the same period a year prior, the jump in firms filing ADA lawsuits could indicate that this is becoming a more popular legal strategy. For comparison, 14 firms accounted for 90.35% of all filings in the first half of 2023. Businesses are encouraged to take proactive steps to enhance web accessibility and reduce their exposure to such lawsuits.
Key Plaintiffs and Their Filings
The table below details the top 23 plaintiffs and their respective law firms, who collectively filed 739 lawsuits. This concentration suggests that a significant portion of ADA litigation is driven by a few key players.
| Plaintiff Name | Firm Name | Jan to June | Percentage | January | February | March | April | May | June |
|---|---|---|---|---|---|---|---|---|---|
| Jessica Karim | Gabriel A. Levy, P.C. | 66 | 4.50% | 12 | 6 | 8 | 25 | 3 | 12 |
| Victor Ariza | Roderick V. Hannah, Esq., P.A. | 57 | 3.89% | 4 | 10 | 14 | 7 | 11 | 11 |
| Ali Colak | Stein Saks, PLLC | 48 | 3.27% | 19 | 8 | 13 | 0 | 5 | 3 |
| Nelson Fernandez | Roderick V. Hannah, Esq., P.A. | 47 | 3.20% | 11 | 6 | 6 | 11 | 10 | 3 |
| Angela Wahab | Stein Saks, PLLC | 43 | 2.93% | 13 | 4 | 11 | 1 | 7 | 7 |
| Alejandro Espinoza | Mendez Law Offices, PLLC | 39 | 2.66% | 2 | 6 | 7 | 9 | 9 | 6 |
| Derrick Anderson | Mars Khaimov Law, PLLC | 36 | 2.45% | 0 | 0 | 23 | 13 | 0 | 0 |
| Rebecca Castillo | Manning Law, APC | 34 | 2.32% | 10 | 10 | 7 | 5 | 2 | 0 |
| Sanjay Sookul | Mars Khaimov Law, PLLC | 32 | 2.18% | 16 | 0 | 5 | 11 | 0 | 0 |
| Cesar Cotto | Manning Law, APC | 31 | 2.11% | 4 | 4 | 12 | 7 | 3 | 1 |
| Julie Dalton | Throndset Michenfelder Law Office, LLC | 31 | 2.11% | 2 | 4 | 2 | 9 | 5 | 9 |
| Pedro Liz | Gabriel A. Levy, P.C. | 28 | 1.91% | 3 | 4 | 5 | 4 | 10 | 2 |
| Oscar Herrera | Roderick V. Hannah, Esq., P.A. | 28 | 1.91% | 0 | 4 | 2 | 11 | 1 | 10 |
| Drew Hunthausen | Pacific Trial Attorneys, APC | 27 | 1.84% | 6 | 3 | 4 | 2 | 12 | 0 |
| Andrew Toro | Mars Khaimov Law, PLLC | 24 | 1.64% | 0 | 15 | 9 | 0 | 0 | 0 |
| Dominick Martin | Pacific Trial Attorneys, APC | 23 | 1.57% | 4 | 3 | 6 | 1 | 8 | 1 |
| Nihal Erkan | Mars Khaimov Law, PLLC | 22 | 1.50% | 4 | 3 | 12 | 3 | 0 | 0 |
| Arantza Espinoza | Mendez Law Offices, PLLC | 22 | 1.50% | 0 | 0 | 7 | 1 | 8 | 6 |
| Silvia Martinez | Stein Saks, PLLC | 21 | 1.43% | 1 | 8 | 2 | 10 | 0 | 0 |
| Amanie Riley | Mars Khaimov Law, PLLC | 21 | 1.43% | 0 | 0 | 0 | 0 | 21 | 0 |
| Timothy Hernandez | Stein Saks, PLLC | 20 | 1.36% | 2 | 0 | 6 | 3 | 6 | 3 |
| Luis Licea | Pacific Trial Attorneys, APC | 20 | 1.36% | 0 | 3 | 7 | 2 | 6 | 2 |
| Biglang-Awa Castro Sheila | Manning Law, APC | 19 | 1.30% | 2 | 2 | 3 | 7 | 4 | 1 |
| 23 Plaintiffs Filed 50.37% ADA Lawsuits in Jan to Jun-2024 | 739 | 50.37% | 115 | 103 | 171 | 142 | 131 | 77 | |
| 133 Plaintiffs Filed 49.63% ADA Lawsuits in Jan to Jun-2024 | 728 | 49.63% | 104 | 164 | 108 | 90 | 119 | 143 | |
| 156 Plaintiffs Filed 1467 ADA Lawsuits in Jan to Jun-2024 | 1467 | 100% | 219 | 267 | 279 | 232 | 250 | 220 | |
Top 5 Plaintiffs
261 Cases – 17.79%
Top 10 Plaintiffs
433 Cases – 29.52%
Top 23 Plaintiffs
739 Cases – 50.37%
Top 53 Plaintiffs
1112 Cases – 75.80%
Highlighting the key contributors:
- Jessica Karim of Gabriel A. Levy, P.C.: Filed 66 lawsuits, which represents 4.50% of the total lawsuits filed in the first half of 2024. Notably, the month of April saw the most activity, with 25 case filings.
- Victor Ariza of Roderick V. Hannah, Esq., P.A.: Recorded 57 lawsuits or 3.89% of total lawsuits for the time period. There was a surge of 14 case filings in March 2024.
- Ali Colak of Stein Saks, PLLC: With 48 lawsuits, their cases accounted for 3.27% of total cases. January was a peak month for them.
- Nelson Fernandez of Roderick V. Hannah, Esq., P.A.: Filed 47, accounting for 3.20% of total lawsuits.
- Angela Wahab of Stein Saks, PLLC: Recorded 43 lawsuits, which was 2.93% of the total number.
Using the W3C’s WCAG as basis for filing lawsuits
Businesses need to know that many ADA lawsuits are filed by serial plaintiffs, or people who sue repeatedly citing non-conformance to WCAG 2.1 A or AA levels to allege discrimination.
There are specific issues most often raised by these plaintiffs, such as improperly labeled headings, redundant links, and missing alt text. Businesses who want to prevent legal challenges need to address and fix these problems as well as do a full remediation process with ADA consultants at EcomBack.
Regulators, judges, and lawmakers can also benefit from understanding the trends behind boilerplate lawsuits, allowing them create better policies and rules that are fair and comprehensive.
ADA Website Lawsuits Filed by Plaintiff Firms
| Plaintiff Firm Name | Jan to June | Percentage | January | February | March | April | May | June |
|---|---|---|---|---|---|---|---|---|
| Stein Saks, PLLC | 231 | 15.75% | 45 | 33 | 41 | 36 | 38 | 38 |
| Mars Khaimov Law, PLLC | 176 | 12.00% | 25 | 36 | 55 | 27 | 33 | 0 |
| Roderick V. Hannah, Esq., P.A. | 139 | 9.48% | 15 | 23 | 25 | 30 | 22 | 24 |
| Gottlieb & Associates | 122 | 8.32% | 12 | 35 | 25 | 9 | 21 | 20 |
| Gabriel A. Levy, P.C. | 117 | 7.98% | 15 | 11 | 13 | 33 | 19 | 26 |
| Manning Law, APC | 113 | 7.70% | 21 | 31 | 23 | 23 | 11 | 4 |
| Pacific Trial Attorneys, APC | 99 | 6.75% | 12 | 18 | 24 | 7 | 29 | 9 |
| Mendez Law Offices, PLLC | 75 | 5.11% | 5 | 12 | 17 | 11 | 18 | 12 |
| NYE Stirling, Hale & Miller, LLP | 64 | 4.36% | 11 | 20 | 0 | 21 | 10 | 2 |
| Throndset Michenfelder Law Office, LLC | 48 | 3.27% | 6 | 7 | 7 | 10 | 6 | 12 |
| Top 10 Law Firms Filed 80.71% of Total ADA Lawsuits | 1184 | 80.71% | 167 | 226 | 230 | 207 | 207 | 147 |
| 26 Law Firms Collectively Filed 19.29% Lawsuits | 238 | 19.29% | 52 | 41 | 49 | 25 | 43 | 73 |
| Total ADA Lawsuits Filed by 36 Law Firms | 1467 | 100% | 219 | 267 | 279 | 232 | 250 | 220 |
Analysis
These figures reflect a fairly steady distribution of filings, indicating these firms have a consistent approach to how they’re addressing accessibility issues. There were some outliers, however. For instance, there was a spike in cases filed by Mars Khaimov Law, PLLC, in March. Gabriel A. Levy, P.C. filed 33 cases in April versus just 11 in February. The lowest level of activity for Gottlieb & Associates and Pacific Trial Attorneys, APC, appeared to be in April, with only 9 and 7 filings, respectively.
1,467
ADA Website Lawsuits
Filed By 36 Law Firms
81%
of Total Lawsuits
Filed by 10 Law Firms
19%
of Total Lawsuits Collectively
Filed by 26 Law Firms
Industry Segment Analysis of ADA Lawsuits (January to June 2024)
| Industry Category | Jan to June | Percentage | January | February | March | April | May | June |
|---|---|---|---|---|---|---|---|---|
| Lifestyle, Fashion, Clothing & Apparel | 502 | 34.22% | 63 | 72 | 79 | 94 | 90 | 104 |
| Restaurant, Food, Drinks & Beverages | 351 | 23.93% | 61 | 73 | 65 | 54 | 66 | 32 |
| Beauty, Skin & Body Care | 102 | 6.95% | 11 | 18 | 18 | 20 | 11 | 24 |
| Furniture, Lighting, Home Decor & Kitchen Accessories | 70 | 4.77% | 12 | 18 | 15 | 11 | 10 | 4 |
| Medical & Health | 56 | 3.82% | 17 | 5 | 9 | 6 | 10 | 9 |
| Retail & Consumer Goods | 50 | 3.41% | 7 | 14 | 21 | 1 | 6 | 1 |
| Entertainment, Musical Instruments & Accessories | 49 | 3.34% | 2 | 6 | 18 | 9 | 9 | 5 |
| Educational, Media, News & Magazines | 42 | 2.86% | 5 | 18 | 6 | 2 | 7 | 4 |
| Home, Kitchen Appliances & Accessories | 36 | 2.45% | 3 | 4 | 5 | 6 | 8 | 10 |
| Toys, Games, Gifts & Flower Shops | 33 | 2.25% | 8 | 6 | 6 | 3 | 5 | 5 |
| Travel, Hotels & Hospitality | 32 | 2.18% | 8 | 7 | 5 | 5 | 2 | 5 |
| 11 Industries Faced 90.18% of Lawsuits | 1323 | 90.18% | 197 | 242 | 246 | 211 | 224 | 203 |
| 21 Industries Faced 9.82% of Lawsuits | 144 | 9.82% | 22 | 25 | 33 | 21 | 26 | 17 |
| Total ADA Website Lawsuits by Industry | 1467 | 100.00% | 219 | 267 | 279 | 232 | 250 | 220 |
Key Findings:
- Lifestyle, Fashion, and Apparel: In the lead with the most ADA lawsuits, the clothing and accessories industry has taken a big hit this year, with 502 cases, making up 34% of the total.
- Restaurants, Food, Drinks, and Beverages: This sector dealt with 351 lawsuits, accounting for 24%.
- Beauty, Skin, and Body Care: This industry was sued 102 times by plaintiffs, accounting for around 7% of all lawsuits across different sectors.
- Furniture, Lighting, Home Decor, and Kitchen Accessories: With 70 lawsuits, this sector was the fourth highest, representing 4.8% of the total.
Implications
The astounding number of ADA lawsuits in the Lifestyle, Fashion, and Apparel industry, as well as in the Restaurants, Food, Drinks, and Beverages sector, indicates a pressing need for businesses to ensure their websites are ADA-compliant. Adhering to ADA guidelines and making the necessary accommodations is imperative to avoiding potential litigation and improving the user experience for all customers.
Companies in all sectors should not become complacent and should always be up-to-date with ADA and WCAG requirements to avoid future risks.
Recommendations
Tailoring ADA compliance efforts to the specific needs and challenges of each industry sector could help reduce legal risks and improve accessibility for consumers with disabilities. Of most importance, companies across the Lifestyle, Fashion, and Apparel industries should prioritize specific aspects of accessibility, such as ensuring that product information and services are accessible.
Businesses across these sectors, regardless of whether they’re high-risk or not, should consider proactive measures, such as regular audits, employee training, and updated accessibility features on digital platforms, to address and mitigate issues.
Below are the most common accessibility issues and how to fix them:
No Inclusion of Alt Text for Images
Text alternatives are one of the key elements businesses need in order to have an accessible website. It’s a written description of an image that screen readers can detect and communicate to users who are blind or have low vision. Businesses can include alternative text by going through their content management system or by editing the HTML code directly
Inadequate Color Contrast
Many websites have issues with poor contrast between text and background colors, making the content difficult for users to read, especially those with visual impairments, such as color blindness. Always ensure the color contrast is 4.5:1 and have a solid color background.
Lack of Accessible Multimedia
Videos and audio content without captions or transcripts can exclude people with hearing impairments. Web designers often miss this step as it takes a lot of skill and effort to achieve. However, missing captions for videos prevents users with disabilities from accessing the same content as everyone else.
Missing Keyboard Navigation
Websites that are not navigable via keyboard can be inaccessible to users who cannot use a mouse or trackpad. Businesses must make sure that all interactive elements, such as forms, buttons, and links, are accessible by pressing the tab key to test the site using only a keyboard.
Vague Error Messages
Error messages that aren’t descriptive can leave users unsure about what went wrong or how to fix it. Provide clear, specific error messages and guidance for users. For example, instead of “Error,” use “Please enter a valid email address.” Similarly, it’s important to use verbal notifications for pop-up windows and to always have proper form labels to provide context to screen readers.
ADA Website Lawsuits Against Websites Using an Accessibility Widget
The graph above compares the number of ADA website lawsuits filed in the first six months of 2023 and 2024.
Last year, there was a widespread problem with website owners relying on accessibility widgets provided by companies like accessiBe, UserWay, AudioEye, Accessibly, and EqualWeb, resulting in hundreds of lawsuits that could have been prevented if developers addressed the underlying code rather than depending on these types of tools to fix the accessibility issues.
Fortunately, it appears businesses have learned their lesson this year about using widgets and overlays as a band-aid to temporarily solve their accessibility barriers. Just 334 lawsuits filed from January to June 2024 were against websites with widgets and overlays, compared to 497 during the same period.
A decent improvement, this figure represents positive progress toward businesses taking ADA compliance seriously.
It’s not enough to just rely on a widget or overlay to make a website accessible. The real solution is to improve the website’s code and overall digital content.
EcomBack has a team of ADA consultants who can help with this. Our experts a comprehensive approach to ensuring compliance with the ADA, addressing a wide range of accessibility issues to make your website inclusive for all users, including those with disabilities. For instance, our experts can modify your website’s code to address specific issues, such as adding alt text for images, fixing form labels, or improving keyboard navigation. We ensure that technical fixes are applied correctly and efficiently.
Accessibe was sued by Tribeca Skin Center
ADA Website Lawsuits Filed by Website Platform
When evaluating the landscape of ADA lawsuits related to website accessibility, the underlying platforms of these websites emerged as an area of significant interest. With the rise of numerous content management systems (CMS) and e-commerce platforms, businesses often choose based on ease of use, scalability, and features. However, accessibility can often be an overlooked facet in this decision-making process.
SHOPIFY
Shopify is an e-commerce platform that enables small businesses and merchants to easily create and manage their online stores from one user-friendly dashboard.
Lawsuits: 463
Percentage: 31.56%
WordPress
A content management system (CMS), offering various purposes, such as a tool to publish blogs, mailing lists, and e-commerce websites. It features many plug-ins and helpful features.
Lawsuits: 236
Percentage: 16.09%
SALESFORCE
This cloud-based platform provides management software and apps to enhance business operations, including analytics, customer service, e-commerce, marketing, and sales.
Lawsuits: 124
Percentage: 8.45%
Magento
Specializing in e-commerce, Magento gives online merchants tools like a shopping cart system, marketing, search engine optimization, and catalog management.
Lawsuits: 57
Percentage: 3.89%
custom coded websites
These are bespoke websites, tailored to specific needs. They offer full control over features, allowing a flexible user experience.
Lawsuits: 587
Percentage: 40.01%
Conclusion
Shopify and WordPress, two of the most widely used services, collectively had the most lawsuits among the listed platforms and custom-coded websites, with nearly 700 combined lawsuits. The figure shows that even top platforms can have issues related to ADA.
It’s crucial for users to understand how to use the platforms properly to avoid ADA-related lawsuits. Companies should prioritize making their websites accessible and take the selection of third-party apps seriously.
At EcomBack, we understand that genuine digital accessibility isn’t achieved through shortcuts or superficial fixes.
We fix website accessibility at the code level using WCAG and the latest usability best practices to comply with ADA and EAA requirements.
EcomBack offers various solutions to help businesses achieve web accessibility
Remediation
EcomBack has the knowledge to identify and fix accessibility issues, such as updating website code, improving content structure, and ensuring compatibility with assistive technologies.
Accessibility Audits
Human experts conduct in-depth testing to uncover accessibility barriers that automated tools might miss. We offer four different options: monthly, quarterly, bi-annual, and annual website audits in order to address any new issues promptly and ensure that the site remains ADA-compliant.
Ongoing Monitoring
We continuously monitor and maintain accessibility compliance as websites are updated and changed.
Staff Training
To help your business thrive, our training modules help your employees understand requirements and implement best practices.
Accessibility Statement
We can assist in communicating your compliance efforts to users.
Usability Testing
A team of certified disabled testers who use assistive technologies daily evaluate your website with 100% honesty, provide invaluable insights, and ensure that your site has a user-focused approach.
By partnering with EcomBack, you're not just ticking off a compliance checklist, you're embracing a truly inclusive digital experience for all users.
Disclaimer: The contents of this report are provided for informational purposes only. The data and insights presented are based on our observations and interpretations, and while we strive for accuracy, we cannot guarantee the completeness or reliability of the information. For detailed terms and conditions regarding our content, please refer to our Website Content Disclaimer.
