Recent developments in New York federal courts indicate increased scrutiny applied to website accessibility lawsuits, particularly those filed by serial plaintiffs.
As highlighted by ADA attorneys of Seyfarth Shaw LLP, two recent cases, Fernandez v. Buffalo Jackson Trading Co., LLC and Black v. 3 Times 90, demonstrated how courts have heightened their examinations when it comes to website accessibility cases. They are being more attentive to the legitimacy of plaintiff’s claims and motivations, especially if they have filed multiple lawsuits within a single year.
In Buffalo, the Court questioned how the plaintiff, who claimed the website was largely inaccessible, was nevertheless able to navigate it thoroughly enough to identify specific errors—casting doubt on the credibility of the claim.
In 3 Times 90, the website was already being remediated so where is the question of relief under the ADA?
In both cases, the judges ruled in favor of the defendants, marking a pivotal moment for online businesses navigating the current legal landscape.
Key Information
In Fernandez v. Buffalo Jackson Trading Co., LLC, the plaintiff alleged that the defendant’s website was not accessible to individuals with disabilities and even claimed that he suffered an injury during the browsing experience.
However, the Court determined that the claims were insufficient, pointing out that the complaint did not provide specific information regarding the plaintiff’s interactions with the website and didn’t prove any injury.
It was also clear to the Court that this was a boilerplate allegation. Fernandez is what’s known as a “serial litigant” who uses a “cookie-cutter, fill-in-the-blank template,” according to the document.
Similarly, in Black v. 3 Times 90, Inc., the plaintiff claimed there were accessibility barriers on the restaurant’s website.
The Court determined that the complaint didn’t explain how the website issues stopped the plaintiff from visiting a restaurant, nor did it show a reasonable intent for them to go back to the website. Additionally, the Court mentioned that the plaintiff had filed 27 lawsuits in the last year, but this fact was not part of the standing analysis.
The Rise of Serial Plaintiffs & Implications for Businesses
Fernandez and Black join the growing number of plaintiffs filing multiple similar website accessibility-related complaints.
Based on EcomBack’s report from January to June 2024, a total of 1,467 website accessibility lawsuits were filed in the U.S., with 762 of those filed in the state of New York. Notably, just 23 plaintiffs accounted for 50.37% of all lawsuits, indicating that a small number of individuals are responsible for over half of the legal activity.
This has raised concerns about the legitimacy of these claims in New York federal courts. ADA Title II attorneys John W. Egan and Minh N. Vu pointed out that many plaintiff-side law firms in New York have transferred the majority of their website accessibility lawsuits to state courts, where the standing requirements aren’t as strict.
It is increasingly vital for websites to adhere to all accessibility laws to mitigate the risk of potential litigation. Businesses facing such lawsuits need to have strong grounds to challenge claims that lack specificity and fail to demonstrate actual harm.
