March 2023 ADA Website Lawsuits Recap
Report Summary:
- 403 ADA website lawsuits were filed in March 2023. a significant increase of 47.62% from 272 lawsuits in February 2023.
- New York saw the filing of 216 lawsuits, and California saw the filing of 82 cases.
- 133 lawsuits were filed against lifestyle, fashion, and apparel websites.
- 69 lawsuits were filed by Mars Khaimov Law, PLLC, followed by 54 cases by Stein Saks, PLLC.
- 161 lawsuits were filed against websites using Shopify.
- 22.33% of ADA lawsuits were filed against websites that had an accessibility widget installed on them.
Monthly Recaps
Total Federal and State Court ADA Website Lawsuit Numbers for March 2023:
New York
216 Lawsuits
California
82 Lawsuits
Florida
53 Lawsuits
Pennsylvania
33 Lawsuits
Other states
19 Lawsuits
Plaintiff Attorneys Filing the Most ADA Website Lawsuits
Mars Khaimov Law, PLLC
69Lawsuits
Stein Saks, PLLC
54Lawsuits
Pacific Trial Attorneys, APC
53Lawsuits
Law Office of Noor A. Saab
29Lawsuits
Law Office of Pelayo Duran, PA
25Lawsuits
Lawrence H. Fisher, LawFirst
23Lawsuits
Manning Law, APC
20Lawsuits
Gottlieb & Associates
17Lawsuits
Mizrahi Kroub LLP
17Lawsuits
Top 10 ADA Website plaintiffs for the month of March 2023
| Plaintiff Name | Firm Name | Number |
|---|---|---|
| Anthony Hammond Murphy | Lawrence H. Fisher, LawFirst | 25 |
| Janelys Hernandez | Law Office of Noor A. Saab | 22 |
| Jenny Hwang | Mars Khaimov Law, PLLC | 16 |
| Rendon Isabel | Mars Khaimov Law, PLLC | 16 |
| Luis Toro | Mars Khaimov Law, PLLC | 15 |
| Andrew Toro | Mars Khaimov Law, PLLC | 14 |
| Victor Ariza | Law Office of Pelayo Duran, PA | 14 |
| Arantza Espinoza | Mendez Law Offices, PLLC | 13 |
| Mageno Perla | Manning Law, APC | 13 |
| Denise Crumwell | Gottlieb & Associates | 12 |
Top 10 industries affected by website accessibility lawsuits
| Industries | Cases |
|---|---|
| Lifestyle, Fashion, & Apparel | 133 |
| Restaurants, food, drinks, and beverages (including coffee & ice cream shops) | 78 |
| Furniture, Lightning & Home Decor | 29 |
| Skin and Body Care (including hair products and spa centers) | 26 |
| Travel, Hotel, & Hospitality | 24 |
| Health, Fitness and Medical Products (including rehabilitation centers and supplements) | 23 |
| Toys, games, gifts, & flower shops | 22 |
| Educational, books, magazines, & kids' accessories | 12 |
| Computer, mobile, & electronic accessories | 10 |
| Auto parts, tools, & accessories | 6 |
Top 5 Web Platforms
Shopify
161Lawsuits
WordPress
57Lawsuits
jQuery
44Lawsuits
Webpack
35Lawsuits
Salesforce
18Lawsuits
Website owners must prioritize online accessibility for legal, ethical, and user experience reasons. Inaccessible websites can cost businesses thousands of dollars and damage their business reputation.
ADA website lawsuits have continued to increase in recent years, with serial plaintiffs alleging websites are inaccessible to disabled people. Lawsuits frequently affect businesses operating in sectors such as retail, healthcare, hospitality, and banking. However, they are broadening to any website of a “public accommodation,” as defined by Title III of the ADA, that does not conform to the ADA’s accessibility standards.
Website owners and developers should research accessibility requirements to avoid lawsuits and ensure equal access to the web. It’s the right thing to do and can improve the website’s usability, user experience, increasing engagement, customer loyalty, and sales.
To ensure compliance with web accessibility guidelines and avoid legal action, website owners should consider conducting regular accessibility audits, providing training for web developers and content creators, and implementing accessibility guidelines such as the Web Content Accessibility Guidelines (WCAG). By doing so, website owners can demonstrate their commitment to accessibility and ensure that all users, regardless of ability, can access and use their websites.
Most website owners don’t have the right skills or team to make their website accessible. Therefore, seeking professional assistance from web accessibility service providers should be considered.
EcomBack ADA Website Compliance Services
We at EcomBack provide a range of services to help website owners achieve ADA compliance, including website audits, remediation, and ongoing monitoring. Our team of experts can easily and quickly identify accessibility barriers and provide solutions to make the websites accessible to individuals with disabilities.
Our free website accessibility audit includes a comprehensive analysis of website accessibility barriers as well as a detailed report of findings and recommendations for remediation, which we can do.
Book a FREE audit here: https://calendly.com/ecomback
EcomBack’s remediation service involves implementing changes to the website to remove accessibility barriers and ensure compliance with ADA and WCAG 2.1 AA guidelines.
Once the website is compliant, EcomBack offers ongoing monitoring and maintenance to help website owners keep their websites accessible after updates, regardless of their abilities. Although there is no such thing as 100% accessibility at all times, substantial compliance should be the goal.
By partnering with a web accessibility service provider like EcomBack, businesses can improve and monitor their digital assets, like websites, so that they are accessible and compliant with the DOJ’s website ADA recommendations, while mitigating the risk of legal action and improving the user experience for all users.
