ADA Website Accessibility Lawsuits
February 2024 Report
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
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
| Number | Plaintiff Name | Plaintiff Firm Name | Number of Cases | Percentage | 2024 Lawsuits |
|---|---|---|---|---|---|
| 1 | Andrew Toro | Mars Khaimov Law, PLLC | 15 | 5.62% | 15 |
| 2 | Perla Mageno | Manning Law, APC | 14 | 5.24% | 16 |
| 3 | Mykayla Fagnani | Gottlieb & Associates | 12 | 4.49% | 12 |
| 4 | Kevin Beauchamp | Mars Khaimov Law, PLLC | 12 | 4.49% | 12 |
| 5 | Rebecca Castillo | Manning Law, APC | 10 | 3.75% | 20 |
| 6 | Victor Ariza | Roderick V. Hannah, Esq., P.A. | 10 | 3.75% | 14 |
| 7 | Gabriel Mcmorland | Carlson Brown Law | 10 | 3.75% | 10 |
| 8 | Ali Colak | Stein Saks, PLLC | 8 | 3.00% | 27 |
| 9 | Silvia Martinez | Stein Saks, PLLC | 8 | 3.00% | 9 |
| 10 | Frank Senior | Gottlieb & Associates | 7 | 2.62% | 7 |
| 11 | Jessica Karim | Gabriel A. Levy, P.C. | 6 | 2.25% | 18 |
| 12 | Nelson Fernandez | Roderick V. Hannah, Esq., P.A. | 6 | 2.25% | 17 |
| 13 | Arantza Castro | Mendez Law Offices, PLLC | 6 | 2.25% | 9 |
| 14 | Alejandro Espinoza | Mendez Law Offices, PLLC | 6 | 2.25% | 8 |
| 15 | Carlton Knowles | Gottlieb & Associates | 6 | 2.25% | 6 |
| 15 Plaintiffs Filed 50.94% ADA Lawsuits in February 2024 | 118 | 50.94% | 177 | ||
| 52 Plaintiffis Filed 49.6% ADA Lawsuits | 149 | 49.06% | 309 | ||
| 67 Plaintiffs Filed 267 Lawsuits in February 2024 | 267 | 100% | 486 | ||
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.
10 Law Firms Filed Over 85% of ADA Lawsuits in February 2024
| Number | Plaintiff Firm Name | Number of Cases | Percentage | Jan to Feb |
|---|---|---|---|---|
| 1 | Mars Khaimov Law, PLLC | 36 | 13.48% | 61 |
| 2 | Gottlieb & Associates | 35 | 13.11% | 47 |
| 3 | Stein Saks, PLLC | 33 | 12.36% | 78 |
| 4 | Manning Law, APC | 31 | 11.61% | 52 |
| 5 | Roderick V. Hannah, Esq., P.A. | 23 | 8.61% | 38 |
| 6 | NYE Stirling, Hale & Miller, LLP | 20 | 7.49% | 31 |
| 7 | Pacific Trial Attorneys, APC | 18 | 6.74% | 30 |
| 8 | Mendez Law Offices, PLLC | 12 | 4.49% | 17 |
| 9 | Gabriel A. Levy, P.C. | 11 | 4.12% | 26 |
| 10 | Carlson Brown Law | 10 | 3.75% | 10 |
| 10 Law Firms Filed 85.77% of Lawsuits in February 2024 | 229 | 85.77% | 390 | |
| 8 Law Firms Filed 18.35% ADA Lawsuits | 36 | 14.23% | 87 | |
| 18 Law Frims Filed 267 Lawsuits in February 2024 | 267 | 100% | 477 | |
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.
Industries Affected by Website Accessibility Lawsuits in February 2024
| Number | Industry Category | Number of Cases | Percentage | Jan to Feb |
|---|---|---|---|---|
| 1 | Restaurant, Food, Drinks & Beverages | 73 | 27.34% | 134 |
| 2 | Lifestyle, Fashion, Clothing & Apparel | 72 | 26.97% | 135 |
| 3 | Furniture, Ligthing, Home Decor & Kitchen Accessories | 18 | 6.74% | 30 |
| 4 | Beauty, Skin & Body Care | 18 | 6.74% | 29 |
| 5 | Educational, Media, Magazines & Kids Accessories | 18 | 6.74% | 23 |
| 6 | Retail & Consumer Goods | 14 | 5.24% | 21 |
| 7 | Pet Care & Accessories | 8 | 3.00% | 9 |
| 8 | Travel, Hotels & Hospitality | 7 | 2.62% | 15 |
| 9 | Toys, Games, Gifts & Flower Shops | 6 | 2.25% | 56 |
| 10 | Entertainment, Musical Instruments & Accessories | 6 | 2.25% | 8 |
| 10 Industries Faced 89.89% of ADA lawsuits in February | 240 | 89.89% | 460 | |
| 8 Industries collectively Faced 10.11% of the lawsuits | 27 | 10.11% | 26 | |
| Industries Affected by Website Accessibility Lawsuits in February 2024 | 267 | 100% | 486 | |
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: 15.73%
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.
Take the first step towards ADA compliance now.
Get your FREE audit today: https://www.ecomback.com/get-a-free-quote
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