ADA WEBSITE ACCESSIBILITY LAWSUITS FEBRUARY 2024 REPORT

267

ADA website lawsuits filed in February 2024

81

ADA website lawsuits filed against websites using Shopify

25.09%

Lawsuits filed against accessibility widget installed

Summary

EcomBack’s latest monthly report pointed to a notable increase in ADA website lawsuits in just 30 days. In February 2024, there were 267 cases filed, up 17.98% from January, when there were 219 cases. The majority of these cases were concentrated in New York (147), California (51), and Florida (42).

Businesses need to be aware of the rise in ADA lawsuits and the ongoing trend of legal scrutiny toward website accessibility, particularly in specific sectors and among a few active plaintiffs and law firms. These lawsuits can result in significant financial penalties and damage to your business’s reputation.

Only a small number of plaintiffs dominated the filings, with 15 individuals responsible for over 50% of the lawsuits. The restaurant, food, drinks, and beverage sectors accounted for 73 lawsuits, closely followed by the lifestyle, fashion, clothing, and apparel industry with 72 cases.

Another key finding from the report was platform vulnerability, meaning many website owners who use platforms like Shopify, WordPress, and other custom-coded solutions faced a significant number of lawsuits. Shopify users, for instance, were hit with 81 lawsuits this month.

Total Federal and State Court ADA Website Lawsuit for February 2024

Bar graph showing state-wise ADA website lawsuits filed in February 2024. Further details are provided below.

Number of ADA website lawsuits filed in February: New York 147, California 51, Florida 42, Pennsylvania 10, Other States 17.

15 Plaintiffs Filed Over 50% ADA Lawsuits in February 2024

15 Plaintiffs Filed Over 50% ADA Lawsuits in February 2024
NumberPlaintiff NamePlaintiff Firm NameNumber of CasesPercentageJan to Dec
1Drew HunthausenPacific Trial Attorneys, APC114.09%57
2Rebecca CastilloManning Law, APC103.72%57
3Jessica KarimGabriel A. Levy, P.C.103.72%10
4Perla MagenoManning Law, APC93.35%172
5Frangie EspinalGottlieb & Associates93.35%42
6Ali ColakStein Saks, PLLC93.35%11
7James WatsonJ. Courtney Cunningham, PLLC82.97%69
8Isabel RendonPacific Trial Attorneys, APC82.97%52
9Colette StroudeStein Saks, PLLC82.97%28
10Victor ArizaRoderick V. Hannah, Esq., P.A.72.60%80
11Luis LiceaPacific Trial Attorneys, APC72.60%78
12Lynn ZelvinMars Khaimov Law, PLLC72.60%43
13Andrew BaraccoBeverly Hills Trial Attorneys, P.C.72.60%23
14Pedro LizGabriel A. Levy, P.C.72.60%7
15Nelson FernandezRoderick V. Hannah, Esq., P.A.62.23%63
16Rhondine MelendezStein Saks, PLLC62.23%19
17Timothy HernandezStein Saks, PLLC62.23%13
17 Plaintiffs Filed 50.19% ADA Lawsuits in December 202313550.19%811
65 Plaintiffis Filed 49.81% ADA Lawsuits13449.81%1196
269 ADA Lawsuits Filed by 82 Plaintiffs in December 2023269100.00%2007

Key Summary Points:

  • The top 15 plaintiffs are responsible for 50.94% of lawsuits.
  • Andrew Toro of Mars Khaimov Law, PLLC, leads with 15 lawsuits (5.62%).
  • Perla Mageno of Manning Law, APC, filed 14 (5.24%) ADA website lawsuits.
  • 67 plaintiffs collectively filed 267 website ADA lawsuits in February 2024.

Top 5 Plaintiffs

Lawsuits: 63
Percentage: 23.60%

Top 10 Plaintiffs

Lawsuits: 106
Percentage: 39.70%

Top 20 Plaintiffs

Lawsuits: 158
Percentage: 59.18%

Top 50 Plaintiffs

Lawsuits: 249
Percentage: 93.26%

10 Law Firms Filed Over 85% of ADA Lawsuits in February 2024

10 Law Firms Filed Over 85% of ADA Lawsuits in February 2024
Number Plaintiff Firm Name Number of Cases Percentage Jan to Dec
1 Stein Saks, PLLC 42 15.61% 568
2 Pacific Trial Attorneys, APC 35 13.01% 362
3 Mizrahi Kroub LLP 26 9.67% 227
4 Manning Law, APC 22 8.18% 316
5 Gabriel A. Levy, P.C. 22 8.18% 65
6 Roderick V. Hannah, Esq., P.A. 21 7.81% 182
7 Mars Khaimov Law, PLLC 20 7.43% 568
8 Gottlieb & Associates 15 5.58% 280
9 Wilshire Law Firm 9 3.35% 20
10 Law Office of Noor A. Saab 8 2.97% 216
11 J. Courtney Cunningham, PLLC 8 2.97% 117
12 Beverly Hills Trial Attorneys, P.C. 8 2.97% 48
13 Shaked Law Group, P.C. 6 2.23% 128
14 Mendez Law Offices, PLLC 4 1.49% 102
14 Law Firms Filed 91.45% of Lawsuits in December 2023 246 91.45% 3199
9 Law Firms Filed 8.55% ADA Lawsuits 23 8.55% 786
23 Law Frims Filed 269 Lawsuits in December 2023 269 100% 3985

Key Summary Points:

  • In February 2024, the top 5 law firms collectively represented 59.18% of all ADA website lawsuits.
  • Mars Khaimov Law, PLLC, leads with 36 (13.48%) lawsuits.
  • Gottlieb & Associates follows closely, with 35 (13.11%) lawsuits.
  • Overall, 18 firms collectively filed 267 website ADA lawsuits in February 2024.

Law Office of Noor A. Saab

Noor A. Saab filed 7 ADA website lawsuits in 2024 so far.

In a case managed by Judge Jesse M. Furman, Noor Abou-Saab, who filed 349 lawsuits in the Southern District and 56 in the Eastern District of New York over two years, was sanctioned for failing to adhere to court deadlines. Despite citing health issues, the judge deemed these insufficient, considering the ongoing filing of new cases. Abou-Saab was ordered to pay a $5,000 fine and to complete additional legal education on managing a law practice.

His professional conduct is now subject to review by a grievance committee to ensure compliance with legal standards.

Top 5 plaintiff Firms

Lawsuits: 158
Percentage: 59.18%

Top 10 plaintiff Firms

Lawsuits: 229
Percentage: 85.77%

Top 15 plaintiff Firms

Lawsuits: 258
Percentage: 96.63%

Industries Affected by Website Accessibility Lawsuits in February 2024

Industries Affected by Website Accessibility Lawsuits in February 2024
Number Industry Category Number of Cases Percentage Jan to Dec
1 Lifestyle, Fashion, Clothing & Apparel 83 30.86% 1156
2 Medical, Health, Fitness & Sports Accessories 23 8.55% 344
3 Furniture, Ligthing, Home Decor & Kitchen Accessories 20 7.43% 271
4 Beauty, Skin & Body Care 9 3.35% 190
5 Retail & Consumer Goods 9 3.35% 174
6 Educational, Media, Magazines & Kids Accessories 9 3.35% 142
7 Travel, Hotels & Hospitality 7 2.60% 215
8 Toys, Games, Gifts & Flower Shops 7 2.60% 112
9 Home, Kitchen Appliances & Accessories 4 1.49% 45
10 Equipment, Tools & Accessories 3 1.12% 19
Top 10 Industries Faced 64.68% of ADA lawsuits in December 2023 174 64.68% 2668
Other 8 industries collectively faced 35.32% of the lawsuits 95 35.32% 328
Industries Affected by Website Accessibility Lawsuits in December 269 100% 2996

ADA Lawsuits Filed By Web Platforms in February 2024

The responsibility of maintaining ADA compliance primarily rests with website owners or operators. They must ensure their websites are accessible to individuals with disabilities, irrespective of the platform used.

It’s important to note that the initiation of lawsuits doesn’t necessarily imply that the platforms themselves are inaccessible or non-compliant. Instead, these legal actions often arise from how businesses manage and maintain their websites across various platforms.

Shopify

A user-friendly e-commerce platform designed to simplify the process of setting up and managing online stores.

Lawsuits: 81
Percentage: 30.34%

WordPress

A versatile content management system (CMS) offering extensive customization options and a wide array of plugins

Lawsuits: 42
Percentage: 15.77%

Salesforce Commerce Cloud

A cloud-based solution tailored to meet the demands of large-scale and intricate e-commerce requirements.

Lawsuits: 23
Percentage: 8.61%

Squarespace

An expandable, open-source platform for e-commerce that offers advanced customization options.

Lawsuits: 15
Percentage: 5.62%

Other Custom Coded Websites

Bespoke websites crafted with unique designs and features to meet the specific needs of businesses.

Lawsuits: 106
Percentage: 39.70%

EcomBack ADA Website Compliance Services

The highly skilled team at EcomBack is committed to improving your website’s accessibility to accommodate all users, especially those with disabilities, providing you with peace of mind and confidence in your online presence.

We offer a free accessibility audit, a comprehensive evaluation of your website’s current state of ADA compliance. This audit identifies the key areas for improvement and enables us to provide custom recommendations, ensuring your website is not only compliant but also welcoming to every visitor. EcomBack also refines your site’s code and content, as well as provides ongoing maintenance to make sure it’s always accessible for customers.

Schedule a consultation here and get a FREE audit: https://www.ecomback.com/get-a-free-quote

Published in accordance with our Website Content Disclaimer

A multicolored circle with icons for the blind, the deaf, the brain-impaired, and the Web Content Accessibility Guidelines (WCAG).