NEW YORK COURTS ADA LAWSUITS SUMMARY
for the Current Year (January – August 2023)
The Americans with Disabilities Act (ADA) was enacted with a clear mandate to ensure that all individuals receive equal access in all places of public accommodations irrespective of their distinct abilities.
While the U.S. has seen thousands of ADA lawsuits, New York has distinctly emerged as the central hub, accounting for a considerable number of these ADA legal challenges.
This increase has garnered attention, with growing apprehensions that certain consumer rights plaintiff attorneys may be capitalizing on the ADA for monetary gains rather than genuinely advocating for authentic digital inclusivity via their clients.
EcomBack has conducted an in-depth analysis of these ADA-centric lawsuits against web platforms in New York. Our analysis unveils essential insights about these legal lawsuits, highlighting their frequency, the courts in which they’re filed, the plaintiffs and the law firms representing them, industries most affected, and technical aspects concerning website platforms and overlay widgets at the time of the lawsuit filing.
Key Findings
Courts Summary
Some courts are witnessing an escalating number of ADA lawsuits. This could possibly indicate a trend where certain courts and judges are becoming favored venues for such suits, perhaps due to previous favorable judgments or expertise in the area.
Plaintiffs and Law Firms
An examination of the entities behind these lawsuits reveals a pattern of recurring plaintiffs and their representing law firms. This repetition suggests that there might be a strategic approach by some law firms and plaintiffs to monetize ADA non-compliance rather than genuinely pushing for increased accessibility using automated scans which may not be reliable indicators of usability.
Industries Under the Scanner
While every industry should prioritize ADA compliance, specific sectors are more frequently targeted. This could indicate that some sectors are perceived as more lucrative or vulnerable to such lawsuits, making them prime targets for those looking for financial opportunities through legal channels.
Website Platforms
Different platforms cater to varying needs in the digital landscape. While some platforms have carved a niche for being commerce friendly and user-friendly, this doesn’t necessarily equate to them being fully ADA-compliant. It’s crucial for businesses to not only prioritize user experience and commerce capabilities but also ensure that their chosen platform adheres to accessibility standards to mitigate legal risks.
Overlay Widgets
Many websites incorporate overlay widgets as a measure to enhance accessibility. While these widgets aim to improve user experience, the actual effectiveness of these tools is a matter of considerable controversy and dispute. It’s noteworthy that many websites facing ADA lawsuits had such widgets installed at the time of litigation being initiated. Despite their intention to bolster accessibility, the presence of these widgets does not necessarily shield a website from potential legal challenges, suggesting that there might be other underlying issues prompting the lawsuits.
New York Courts ADA Lawsuits Summary for the Current Year (Jan-Aug 2023)
The following data presents a breakdown of ADA lawsuits filed across various New York courts during the current year:
| New York Courts | Jan to Aug | Percentage | January | February | March | April | May | June | July | August |
|---|---|---|---|---|---|---|---|---|---|---|
| United States District Court, New York Southern | 1072 | 70.67% | 1072 | 135 | 145 | 145 | 130 | 155 | 123 | 137 |
| United States District Court, New York Eastern | 344 | 22.68% | 344 | 44 | 58 | 53 | 36 | 47 | 24 | 40 |
| United States District Court, New York Northern | 59 | 3.89% | 59 | 3 | 4 | 5 | 6 | 0 | 4 | 31 |
| United States District Court, New York Western | 39 | 2.57% | 39 | 3 | 2 | 6 | 2 | 0 | 5 | 15 |
| Supreme Court Of The State/County of New York | 3 | 0.20% | 3 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| Total Lawsuits Filed in New York Courts | 1517 | 100.00% | 159 | 185 | 209 | 209 | 174 | 202 | 156 | 223 |
In total, a considerable number of 1,517 ADA lawsuits have been filed in New York courts this year. It’s evident from the data that the United States District Court, New York Southern, has seen the highest volume of lawsuits, highlighting it as a significant jurisdiction for ADA-related legal challenges.
Upon analyzing the monthly figures, August stands out as the month with the highest number of lawsuits filed (223), while July, with a count of 156 lawsuits filed, is the month with the lowest number.
This summary not only offers a clear snapshot of the distribution and frequency of ADA lawsuits across different courts of New York but also provides month-wise figures to analyze trends or potential spikes during specific periods.
NOTE: Some NY based law firms are shifting the forum to NY State Courts rather than Federal Court in recent months. Data for those lawsuits will be analyzed separately and is not accounted for here. These totals represent an undercount if anything of the volume of total lawsuits being filed in NY.
Top 18 Plaintiffs Dominating ADA Lawsuits in New York Courts
The following section highlights the 18 plaintiffs with the highest number of ADA lawsuits filed during the year. Strikingly, the lawsuits by these individuals account for almost half of the total ADA lawsuits filed in the New York courts.
Below is a detailed breakdown which shows 18 plaintiffs filed 50.63% of lawsuits.
| Plaintiff Name | Firm Name | Jan to Aug | Percentage | January | February | March | April | May | June | July | August |
|---|---|---|---|---|---|---|---|---|---|---|---|
| Jenny Hwang | Mars Khaimov Law, PLLC | 83 | 5.47% | 6 | 5 | 16 | 22 | 11 | 8 | 8 | 7 |
| Andrew Toro | Mars Khaimov Law, PLLC | 75 | 4.94% | 9 | 18 | 14 | 25 | 6 | 3 | 0 | 0 |
| Luis Toro | Mars Khaimov Law, PLLC | 70 | 4.61% | 0 | 0 | 15 | 8 | 17 | 16 | 12 | 2 |
| Jasmine Toro | Mars Khaimov Law, PLLC | 58 | 3.82% | 7 | 12 | 3 | 3 | 6 | 7 | 10 | 10 |
| Daniel Rodriguez | Stein Saks, PLLC | 47 | 3.10% | 21 | 12 | 2 | 5 | 5 | 0 | 2 | 0 |
| Maria Dimeglio | Stein Saks, PLLC | 47 | 3.10% | 0 | 0 | 0 | 0 | 11 | 18 | 8 | 10 |
| Linda Slade | Shaked Law Group, P.C. | 45 | 2.97% | 3 | 7 | 8 | 4 | 5 | 9 | 3 | 6 |
| Lamar Brown | Mars Khaimov Law, PLLC | 45 | 2.97% | 0 | 14 | 0 | 20 | 11 | 0 | 0 | 0 |
| Janelys Hernandez | Law Office of Noor A. Saab | 43 | 2.83% | 0 | 0 | 21 | 8 | 4 | 1 | 5 | 4 |
| Seana Cromitie | Stein Saks, PLLC | 36 | 2.37% | 0 | 0 | 10 | 0 | 9 | 10 | 0 | 7 |
| Kevin Yan Luis | Law Office of Noor A. Saab | 35 | 2.31% | 0 | 2 | 0 | 8 | 1 | 3 | 8 | 13 |
| Vincent Clement | Stein Saks, PLLC | 31 | 2.04% | 0 | 0 | 7 | 0 | 6 | 7 | 5 | 6 |
| Randy Sanchez | Law Office of Noor A. Saab | 28 | 1.85% | 6 | 1 | 4 | 3 | 2 | 3 | 4 | 5 |
| Denise Crumwell | Gottlieb & Associates | 27 | 1.78% | 0 | 6 | 12 | 2 | 3 | 2 | 2 | 0 |
| Juan Santana | Mizrahi Kroub LLP | 25 | 1.65% | 2 | 0 | 0 | 0 | 0 | 0 | 0 | 23 |
| Bryan Velazquez | Stein Saks, PLLC | 25 | 1.65% | 10 | 8 | 0 | 0 | 2 | 5 | 0 | 0 |
| Shivan Bassaw | Mizrahi Kroub LLP | 24 | 1.58% | 1 | 0 | 2 | 4 | 3 | 3 | 5 | 6 |
| Jahron Black | Mars Khaimov Law, PLLC | 24 | 1.58% | 0 | 0 | 9 | 4 | 1 | 8 | 0 | 2 |
| ADA Lawsuits Filed in New York by 18 Plaintiffs Only: | 768 | 50.63% | 65 | 85 | 123 | 116 | 103 | 103 | 72 | 101 | |
Highlighting the key contributors:
In the vast landscape of ADA lawsuits in New York, a distinctive trend emerges when examining the activities of a subset of plaintiffs. Jenny Hwang stands out, having filed 83 lawsuits this year, representing 5.47% of the total ADA lawsuits, with Mars Khaimov Law, PLLC as her legal counsel. Close on her heels are Andrew and Luis Toro, with 75 and 70 filings, both also represented by Mars Khaimov Law, PLLC.
Another notable law firm in this domain is Stein Saks, PLLC, with clients like Daniel Rodriguez and Maria Dimeglio contributing significantly to the lawsuit tally. When combined, these 18 plaintiffs have played an instrumental role, accounting for over 50% of the 1,517 ADA lawsuits filed in New York this year. Their collective impact underscores the prominence of a few key individuals in the unfolding ADA lawsuit narrative in the state.
These figures underscore the importance of being mindful of the recurring plaintiffs and the firms representing them. Such patterns may indicate that some plaintiffs, perhaps with their associated law firms, are more active in the pursuit of ADA lawsuit claims, with motivations ranging from true advocacy for digital inclusivity to potential financial incentives.
Plaintiff Firms and ADA Lawsuits in New York
When delving into the ADA lawsuit landscape in New York, specific plaintiff firms notably dominate the scene.
| Plaintiff Firm Name | Jan to Aug | Percentage | January | February | March | April | May | June | July | August |
|---|---|---|---|---|---|---|---|---|---|---|
| Mars Khaimov Law, PLLC | 431 | 28.41% | 27 | 52 | 68 | 94 | 58 | 52 | 38 | 42 |
| Stein Saks, PLLC | 348 | 22.94% | 36 | 46 | 54 | 19 | 38 | 70 | 30 | 55 |
| Gottlieb & Associates | 204 | 13.45% | 26 | 30 | 16 | 27 | 27 | 26 | 30 | 22 |
| Mizrahi Kroub LLP | 191 | 12.59% | 44 | 32 | 18 | 16 | 14 | 4 | 20 | 43 |
| Law Office of Noor A. Saab | 134 | 8.83% | 6 | 3 | 28 | 24 | 9 | 18 | 20 | 26 |
| Shaked Law Group, P.C. | 104 | 6.86% | 8 | 13 | 14 | 12 | 12 | 24 | 5 | 16 |
| NYE Stirling, Hale & Miller, LLP | 63 | 4.15% | 10 | 6 | 6 | 11 | 8 | 0 | 9 | 13 |
| Gabriel A. Levy, P.C. | 28 | 1.85% | 2 | 2 | 4 | 3 | 2 | 6 | 4 | 5 |
| The Marks Law Firm, PC | 6 | 0.40% | 0 | 0 | 1 | 2 | 2 | 1 | 0 | 0 |
| Kalbian Hagerty LLP | 4 | 0.26% | 0 | 0 | 0 | 1 | 3 | 0 | 0 | 0 |
| Law Office of Mitchell S. Segal P.C. | 2 | 0.13% | 0 | 1 | 0 | 0 | 1 | 0 | 0 | 0 |
| Zemel Law LLC | 2 | 0.13% | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 1 |
| ADA Lawsuits by Plaintiff Firms in NY | 1517 | 100% | 159 | 185 | 209 | 209 | 174 | 202 | 156 | 223 |
Mars Khaimov Law, PLLC holds the vanguard position, having filed a substantial 431 lawsuits, which equates to 28.41% of the total ADA lawsuits this year. They’ve been particularly active during April with 94 filings.
Following closely is Stein Saks, PLLC with 348 lawsuits, making up 22.94%. Their prominence, especially in June with 70 cases, highlights their pivotal role in this legal arena.
Gottlieb & Associates and Mizrahi Kroub LLP have also staked their claims, contributing 13.45% and 12.59% respectively to the total lawsuit count. Their combined actions have significantly shaped the course of ADA legal actions over the year.
Other firms, such as Law Office of Noor A. Saab and Shaked Law Group, P.C., although having fewer numbers compared to the leading giants, still play a crucial role, constituting 8.83% and 6.86% of the lawsuits respectively.
The remaining firms, while handling fewer cases, round off the total, ensuring that all aspects of ADA compliance and possible infringement are keenly observed and acted upon.
The remaining firms, while handling fewer cases, round off the total, ensuring that all aspects of ADA compliance and possible infringement are keenly observed and acted upon.
ADA Lawsuits and Website Accessibility across Industries
The digital presence of businesses, regardless of their location, has been under intense scrutiny this year in New York.
| Industry Category | Jan to Aug | Percentage | January | February | March | April | May | June | July | August |
|---|---|---|---|---|---|---|---|---|---|---|
| Lifestyle, Fashion, Clothing & Apparel | 458 | 30.19% | 29 | 29 | 66 | 63 | 49 | 72 | 60 | 72 |
| Restaurant, Food, Drinks & Beverages | 188 | 12.39% | 14 | 34 | 32 | 22 | 26 | 26 | 10 | 24 |
| Medical, Health, Fitness & Sports Accessories | 169 | 11.14% | 25 | 23 | 19 | 19 | 18 | 15 | 23 | 27 |
| Furniture, Ligthing, Home Decor & Kitchen Accessories | 141 | 9.29% | 23 | 33 | 21 | 13 | 16 | 11 | 6 | 18 |
| Beauty, Skin & Body Care | 104 | 6.86% | 9 | 6 | 18 | 23 | 13 | 14 | 5 | 16 |
| Retail & Consumer Goods | 84 | 5.54%% | 8 | 6 | 0 | 10 | 15 | 24 | 3 | 18 |
| Educational, Media, Magazines & Kids Accessories | 74 | 4.88% | 17 | 11 | 12 | 1 | 7 | 0 | 12 | 14 |
| Toys, Games, Gifts & Flower Shops | 69 | 4.55% | 17 | 12 | 17 | 7 | 6 | 6 | 2 | 2 |
| Computer, Mobile & Electronic Accessories | 51 | 3.36% | 4 | 0 | 8 | 9 | 6 | 8 | 6 | 10 |
| Travel, Hotels & Hospitality | 38 | 2.50% | 4 | 10 | 1 | 3 | 6 | 6 | 6 | 2 |
| Home, Kitchen Appliances & Accessories | 34 | 2.24% | 2 | 0 | 1 | 15 | 8 | 7 | 0 | 1 |
| Entertainment, Musical Instruments & Accessories | 28 | 1.85% | 4 | 0 | 2 | 9 | 0 | 4 | 6 | 3 |
| Pet Care & Accessories | 26 | 1.71% | 1 | 0 | 2 | 4 | 0 | 3 | 7 | 9 |
| Art & Accessories | 22 | 1.45% | 2 | 0 | 5 | 6 | 4 | 1 | 4 | 0 |
| Automobiles , Car Parts, Tools & Accessories | 21 | 1.38% | 0 | 0 | 5 | 5 | 0 | 5 | 3 | 3 |
| Equipment, Tools & Accessories | 5 | 0.33% | 0 | 3 | 0 | 0 | 0 | 0 | 1 | 1 |
| Financial & Business Services | 3 | 0.20% | 0 | 0 | 0 | 0 | 0 | 0 | 2 | 1 |
| Bath & Bathroom Accessories | 2 | 0.13% | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 2 |
| ADA Lawsuits in NY Courts Against Industries: | 1517 | 100% | 159 | 185 | 209 | 209 | 174 | 202 | 156 | 223 |
Topping the list, the Lifestyle, Fashion, Clothing & Apparel industry’s websites have seen the most ADA lawsuits, with a staggering 458 claims. This makes up 30.19% of the total lawsuits, indicating potential challenges in making fashion and lifestyle websites fully accessible.
Close on their heels, the Restaurant, Food, Drinks & Beverages sector has seen 188 lawsuits, equivalent to 12.39% of the total. Given the rise of online ordering and food delivery services, the accessibility of these platforms has become ever more essential.
The Medical, Health, Fitness & Sports Accessories websites aren’t far behind, with 169 lawsuits, underscoring the importance of ensuring digital access to health resources and products.
The focus on Furniture, Lighting, Home Decor & Kitchen Accessories websites, representing 9.29% of the total lawsuits, suggests that consumers are actively seeking online inspiration and purchase options for their homes but are encountering barriers in doing so.
While these industries have faced the brunt of ADA lawsuits regarding website accessibility, the reach of the issue spans a broad spectrum.
From Beauty, Skin & Body Care websites to those of the Travel, Hotels & Hospitality industry, every sector has its set of challenges in ensuring digital inclusivity.
The landscape of these lawsuits underscores the vital need for businesses to review and enhance the accessibility of their online platforms. As consumers increasingly rely on digital avenues for information, shopping, and services, ensuring website accessibility isn’t just a legal requisite but a vital component of modern customer service.
Monthly Summary of ADA Lawsuits Filed Against Websites with Accessibility Widgets
The persistent trend suggests that merely having an accessibility widget does not exempt websites from ADA-related scrutiny, emphasizing the importance of genuine website accessibility for all users.
22% of ADA lawsuits were filed against websites with an Overlay Widget Installed
Monthly ADA lawsuits against websites using an Overlay Widget: January 47, February 58, March 49, April 41, May 30, June 34, July 34, and August 41.
Throughout the year in New York, 334 ADA lawsuits were filed against websites that had accessibility widgets installed on them.
Monthly Breakdown:
January: 47 lawsuits
February: 58 lawsuits (slight increase from January)
March: 49 lawsuits (modest decrease from February)
April: 41 lawsuits
May: Lowest monthly count with 30 lawsuits
June: 34 lawsuits
July: 34 lawsuits
August: Resurgence with 41 lawsuits
The data from New York clearly indicates that simply having accessibility widgets installed on websites does not act as a shield against ADA lawsuits. Despite the genuine intentions and efforts of website owners to make their platforms more accessible, these widgets have proven to be insufficient. The monthly breakdown reveals fluctuations in the number of lawsuits, yet the challenge remains consistent throughout the year. This emphasizes the pressing need for websites to go beyond surface-level solutions and invest in genuine, code-level modifications to ensure true accessibility. Only with a thorough and genuine approach to digital inclusivity can website owners hope to significantly reduce their vulnerability to legal challenges.
Breakdown of New York ADA Lawsuits by websites Platforms
Total ADA website Lawsuits from January to August 2023: 1,517
Shopify
51.02%
Lawsuits
WordPress
13.78%
Lawsuits
MAGENTO
5.08%
Lawsuits
BIGCOMMERCE
3.63%
Lawsuits
SALESFORCE
1.19%
Lawsuits
SQUARESPACE
1.12%
Lawsuits
WIX
0.33%
Lawsuits
CUSTOM WEBSITES
23.86%
Lawsuits
This observation highlights a crucial concern in the digital domain. Despite the type or popularity of the platform, whether it’s a mainstream solution like Shopify or a custom-coded site tailored to specific needs, vulnerabilities in website accessibility persist. The fact that both categories face legal challenges underscores the universal need for adherence to accessibility standards. Not only does this protect businesses from potential lawsuits, but it also ensures a seamless online experience for all users, regardless of their abilities.
Who We Are and What We Do
Based in Los Angeles, we at EcomBack pride ourselves on being a leading website accessibility service provider. Unlike many in our industry who rely on overlay widgets or plug-ins, we choose a meticulous approach. We fix websites manually at the code level using the Web Content Accessibility Guidelines (WCAG) to make them accessible and comply with the ADA, without relying on overlay widgets or plug-ins.
Our dedication to excellence in web accessibility has led us to become court-approved providers. Moreover, we are honored to be members of both the W3C and the International Association of Accessibility Professionals (IAAP), associations that emphasize our commitment to maintaining and advancing global web standards.
Our team is our backbone. We boast a diverse group of skilled accessibility web developers, seasoned auditors, and keen usability testers. Significantly, our team includes professionals with disabilities, providing us with invaluable insights and perspectives, ensuring we leave no stone unturned in our quest for full website accessibility.
We’ve successfully assisted numerous website owners in achieving their accessibility targets efficiently and effortlessly. True to our client-centric ethos, we operate on a straightforward and economical flat fee structure. For anyone considering our services, we warmly extend an offer for a free website audit and consultation call, underscoring our commitment to transparency and service excellence.
