ADA WEBSITE ACCESSIBILITY LAWSUITS FEBRUARY 2024 REPORT
ADA website lawsuits filed in February 2024
81
ADA website lawsuits filed against websites using Shopify
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
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 | Jan to Dec |
|---|---|---|---|---|---|
| 1 | Drew Hunthausen | Pacific Trial Attorneys, APC | 11 | 4.09% | 57 |
| 2 | Rebecca Castillo | Manning Law, APC | 10 | 3.72% | 57 |
| 3 | Jessica Karim | Gabriel A. Levy, P.C. | 10 | 3.72% | 10 |
| 4 | Perla Mageno | Manning Law, APC | 9 | 3.35% | 172 |
| 5 | Frangie Espinal | Gottlieb & Associates | 9 | 3.35% | 42 |
| 6 | Ali Colak | Stein Saks, PLLC | 9 | 3.35% | 11 |
| 7 | James Watson | J. Courtney Cunningham, PLLC | 8 | 2.97% | 69 |
| 8 | Isabel Rendon | Pacific Trial Attorneys, APC | 8 | 2.97% | 52 |
| 9 | Colette Stroude | Stein Saks, PLLC | 8 | 2.97% | 28 |
| 10 | Victor Ariza | Roderick V. Hannah, Esq., P.A. | 7 | 2.60% | 80 |
| 11 | Luis Licea | Pacific Trial Attorneys, APC | 7 | 2.60% | 78 |
| 12 | Lynn Zelvin | Mars Khaimov Law, PLLC | 7 | 2.60% | 43 |
| 13 | Andrew Baracco | Beverly Hills Trial Attorneys, P.C. | 7 | 2.60% | 23 |
| 14 | Pedro Liz | Gabriel A. Levy, P.C. | 7 | 2.60% | 7 |
| 15 | Nelson Fernandez | Roderick V. Hannah, Esq., P.A. | 6 | 2.23% | 63 |
| 16 | Rhondine Melendez | Stein Saks, PLLC | 6 | 2.23% | 19 |
| 17 | Timothy Hernandez | Stein Saks, PLLC | 6 | 2.23% | 13 |
| 17 Plaintiffs Filed 50.19% ADA Lawsuits in December 2023 | 135 | 50.19% | 811 | ||
| 65 Plaintiffis Filed 49.81% ADA Lawsuits | 134 | 49.81% | 1196 | ||
| 269 ADA Lawsuits Filed by 82 Plaintiffs in December 2023 | 269 | 100.00% | 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
| 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
| 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
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