ADA WEBSITE ACCESSIBILITY LAWSUITS JANUARY 2024 REPORT
ADA website lawsuits filed in January 2024
ADA website lawsuits filed against websites using Shopify
22.83%
Lawsuits filed against accessibility widget installed
Summary
In January 2024, a total of 219 ADA website lawsuits were filed, reflecting a decent decline in lawsuits compared to the 269 cases in December 2023. The distribution of these ADA-related lawsuits was heavily concentrated in certain states, with New York accounting for the majority at 136 cases, followed by Florida with 38 and California with 32.
One notable finding from our January report is that 12 plaintiffs were responsible for over 51% of all lawsuits. Leading the charge was Ali Colak from Stein Saks, PLLC, who filed 19 lawsuits against companies with inaccessible sites, representing 8.68% of the total. Additionally, five law firms accounted for more than half of the total lawsuits, with Stein Saks and Mars Khaimov Law filing 45 and 28 lawsuits, respectively. The small number of firms driving most legal action in this space means businesses should prioritize their ADA compliance strategies and litigation risk management.
In terms of industry impact, the Lifestyle, Fashion, Clothing, and Apparel sectors faced 63 lawsuits, while the Restaurant, Food, Drinks, and Beverages sector trailed closely behind with 61 cases.
Overall, the ADA website compliance landscape continues to be rife with lawsuits, and it’s important that businesses prioritize proactive compliance measures to mitigate the risk of lawsuits. As scrutiny over website accessibility persists, companies must remain vigilant in ensuring their digital assets are compliant with ADA standards.
Total Federal and State Court ADA Website Lawsuit for January 2024
Number of ADA website lawsuits filed in January: New York 136, California 32, Florida 38, Pennsylvania 5, Other States 8.
12 Plaintiffs Filed 51% ADA Lawsuits in January 2024
| Number | Plaintiff Name | Plaintiff Firm Name | Number of Cases | Percentage | 2023 Lawsuits |
|---|---|---|---|---|---|
| 1 | Ali Colak | Stein Saks, PLLC | 19 | 8.68% | 11 |
| 2 | Sanjay Sookul | Mars Khaimov Law, PLLC | 16 | 7.31% | 37 |
| 3 | Angela Wahab | Stein Saks, PLLC | 13 | 5.94% | 21 |
| 4 | Jessica Karim | Gabriel A. Levy, P.C. | 12 | 5.48% | 10 |
| 5 | Nelson Fernandez | Roderick V. Hannah, Esq., P.A. | 11 | 5.02% | 63 |
| 6 | Rebecca Castillo | Manning Law, APC | 10 | 4.57% | 57 |
| 7 | Windy Lucius | J. Courtney Cunningham, PLLC | 8 | 3.65% | 48 |
| 8 | Drew Hunthausen | Pacific Trial Attorneys, APC | 6 | 2.74% | 57 |
| 9 | Milagros Senior | Gottlieb & Associates | 6 | 2.74% | 17 |
| 10 | Colette Stroude | Stein Saks, PLLC | 4 | 1.83% | 28 |
| 11 | Cesar Cotto | Manning Law, APC | 4 | 1.83% | 33 |
| 12 | Dominick Martin | Pacific Trial Attorneys, APC | 4 | 1.83% | 45 |
| 12 Plaintiffs Filed 51.60% ADA Lawsuits in January 2024 | 113 | 51.60% | 427 | ||
| 53 Plaintiffis Filed 48.40% ADA Lawsuits | 106 | 48.40% | 1112 | ||
| 65 Plaintiffs Filed 219 Lawsuits in January 2024 | 219 | 100% | 1539 | ||
Key Summary Points:
- The top 12 plaintiffs are responsible for 51.60% of lawsuits.
- Ali Colak of Stein Saks, PLLC, leads with 19 lawsuits (8.68%).
- Perla Mageno of Manning Law, APC, the leading contributor with 172 lawsuits last year, had no ADA website lawsuits in January 2024.
- The plaintiffs who filed 219 ADA website lawsuits in January 2024 had collectively filed 1,539 lawsuits, accounting for 39.85% of all website ADA lawsuits in 2023.
- Plaintiffs Antoinette Suchenko, Juan Batista, Jorge Mojica, Candelalira Jelinksi, and Mejia Jose, who collectively filed 6 ADA website lawsuits in January 2024, had no filings in the previous year, 2023.
Top 5 Plaintiffs
Lawsuits: 71
Percentage: 32.42
Top 10 Plaintiffs
Lawsuits: 105
Percentage: 47.95%
Top 20 Plaintiffs
Lawsuits: 143
Percentage: 65.30%
Top 50 Plaintiffs
Lawsuits: 204
Percentage: 93.15%
5 Law Firms Filed more than 50% of ADA Lawsuits in January 2024
| Number | Plaintiff Firm Name | Number of Cases | Percentage | 2023 Lawsuits |
|---|---|---|---|---|
| 1 | Stein Saks, PLLC | 45 | 20.55% | 568 |
| 2 | Mars Khaimov Law, PLLC | 28 | 12.79% | 568 |
| 3 | Manning Law, APC | 21 | 9.59% | 316 |
| 4 | Gabriel A. Levy, P.C. | 15 | 6.85% | 65 |
| 5 | Roderick V. Hannah, Esq., P.A. | 15 | 6.85% | 182 |
| 6 | Gottlieb & Associates | 12 | 5.48% | 280 |
| 7 | Pacific Trial Attorneys, APC | 12 | 5.48% | 362 |
| 8 | Mizrahi Kroub LLP | 12 | 5.48% | 227 |
| 9 | NYE Stirling, Hale & Miller, LLP | 11 | 5.02% | 131 |
| 10 | Shaked Law Group, P.C | 9 | 4.11% | 128 |
| 10 Law Firms Filed 82.19% of Lawsuits in January 2024 | 180 | 82.19% | 2827 | |
| 8 Law Firms Filed 17.81% ADA Lawsuits | 39 | 17.81% | 301 | |
| 18 Law Frims Filed 219 Lawsuits in January 2024 | 219 | 100% | 3128 | |
Key Summary Points:
- The top 5 law firms collectively represent 56.62% of the total ADA website lawsuits filed in January 2024.
- Stein Saks, PLLC, and Mars Khaimov Law, PLLC, top filers in 2023 with 568 lawsuits each, continue to lead in January 2024 with 45 and 28 filings, respectively.
- Manning Law, APC follows with a steady pace, filing 21 lawsuits in January 2024 against their 316 total in 2023.
- Gabriel A. Levy, P.C. escalates its focus, filing 15 in January, a significant start against its 65 total lawsuits in 2023.
- In January 2024, these firms filed 219 ADA lawsuits. It’s noteworthy that in the previous year, they collectively filed 3,128 lawsuits, accounting for 80.99% of the total lawsuits filed in 2023.
Top 5 plaintiff Firms
Lawsuits: 124
Percentage: 56.62%
Top 10 plaintiff Firms
Lawsuits: 180
Percentage: 82.19%
Top 15 plaintiff Firms
Lawsuits: 210
Percentage: 95.89%
Industries Affected by Website Accessibility Lawsuits in January 2024
| Number | Industry Category | Number of Cases | Percentage | 2023 Lawsutis |
|---|---|---|---|---|
| 1 | Lifestyle, Fashion, Clothing & Apparel | 63 | 28.77% | 1156 |
| 2 | Restaurant, Food, Drinks & Beverages | 61 | 27.85% | 885 |
| 3 | Medical & Health | 17 | 7.76% | 344 |
| 4 | Furniture, Ligthing, Home Decor & Kitchen Accessories | 12 | 5.48% | 316 |
| 5 | Beauty, Skin & Body Care | 11 | 5.02% | 190 |
| 6 | Toys, Games, Gifts & Flower Shops | 8 | 3.65% | 112 |
| 7 | Travel, Hotels & Hospitality | 8 | 3.65% | 215 |
| 8 | Retail & Consumer Goods | 7 | 3.20% | 174 |
| 9 | Home Garden & Outdoor Recreational | 7 | 3.20% | 56 |
| 10 | Educational, Media, Magazines & Kids Accessories | 5 | 2.28% | 142 |
| 10 Industries Faced 90.87% of ADA lawsuits in January | 199 | 90.87% | 3590 | |
| 8 industries collectively Faced 9.13% of the lawsuits | 20 | 9.13% | 281 | |
| Industries Affected by Website Accessibility Lawsuits in January 2024 | 219 | 100% | 3871 | |
ADA Lawsuits Filed By Web Platforms in January 2024
Primarily, the duty to uphold ADA compliance falls on the shoulders of the website owners or operators. It’s their obligation to make sure their sites are accessible to everyone, including individuals with disabilities, regardless of the platform used.
It is crucial to understand that the initiation of these lawsuits doesn’t necessarily indicate the platforms themselves are inaccessible or non-compliant. Often, these legal actions stem from the way businesses manage and upkeep their websites across different platforms.
Shopify
An intuitive e-commerce platform for easy online store setup and management.
Lawsuits: 81
Percentage: 36.99%
WordPress
A flexible CMS with wide-ranging customization and extensive plugins.
Lawsuits: 42
Percentage: 19.18%
Salesforce Commerce Cloud
A cloud-based solution for large-scale, complex e-commerce needs.
Lawsuits: 12
Percentage: 5.48%
Magento
A scalable, open-source e-commerce platform with advanced customization.
Lawsuits: 4
Percentage: 1.83%
Other Custom Coded Websites
Tailored websites with unique features and designs for specific business requirements.
Lawsuits: 80
Percentage: 36.53%
EcomBack ADA Website Compliance Services
Ensuring your website complies with the Americans with Disabilities Act (ADA) standards is crucial for inclusivity and legal protection. EcomBack offers a streamlined approach to achieving ADA web compliance with its comprehensive offering.
Our services include thorough accessibility audits, empowering your team with training sessions and resources on accessibility best practices, ongoing monitoring and updates, as well as fixing issues at the code level. As expert consultants, we focus on refining your site’s design and content to meet WCAG 2.2 AA standards.
By choosing EcomBack, you not only adhere to ADA regulations but also create a welcoming digital environment for all users, including people with disabilities. We are committed to ensuring your website remains accessible and inviting for all users, now and in the future.
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