More Businesses Fight Back Against Onslaught of ADA Website Lawsuits: Electric Bike Technologies Opposes Dismissal of Declaratory Judgment Counterclaim

Electric Bike Technologies, Inc. (Electric Bike) has submitted a memorandum in opposition to the motion to dismiss the declaratory judgment counterclaim in the ongoing lawsuit involving Plaintiff Jose Quezada.

The central issue in the case revolves around whether the parties agreed to settle a previously filed and dismissed federal lawsuit. Electric Bike seeks a declaration from the Court that Plaintiff’s state court lawsuit, which alleges there was a federal court settlement, is without merit and frivolous. The counterclaim does not allege an independent cause of action for sanctions. However, Electric Bike argues that by filing a cursory motion to dismiss the counterclaim, Plaintiff sidesteps the requirement of responding to the specific factual allegations that make it self-evident that Plaintiff’s complaint is not only without merit, but also frivolous.

The background of the case involves Plaintiff suing Electric Bike in the Southern District of New York, claiming that Electric Bike’s website was inaccessible to blind people in violation of the Americans with Disabilities Act (ADA) and New York law. The motion alleges that the Plaintiff’s law firm Mizrahi Kroub LLP had no apparent intention of litigating the lawsuit against Electric Bike, but instead aimed to leverage the “cost of defense” to obtain a “cost-of-litigation” settlement.

In August 2022, Plaintiff’s counsel offered to settle for $4,950 plus website remediation. Electric Bike’s counsel at the time, David Stein of Stein & Nieporent LLP, responded by accepting the $4,950 payment but did not address the remediation demand or other material terms. Instead, they stated that they would draft the settlement agreement. The following day, Electric Bike’s counsel clarified that confidentiality was a material term and that they did not agree to any confidentiality provision.

Screenshot of an email between lawyers in the case as included in the motion, which states that Electric Bike Tech will not agree to a confidentiality provision of the settlement agreement.
Screenshot of an email between lawyers in the case as included in the motion, which states that Electric Bike Tech will not agree to a confidentiality provision of the settlement agreement.

They further stated that if Plaintiff’s counsel insisted on confidentiality, there would be no agreement on the $4,950 settlement amount either.

This case highlights the ongoing dispute between Electric Bike Technologies and Plaintiff Jose Quezada, with Electric Bike arguing that the motion to dismiss the declaratory judgment counterclaim allows Plaintiff to avoid addressing specific allegations.

As the case proceeds, the Court’s decision will provide further insight into the validity of the counterclaim and the outcome of the lawsuit.

Electric Bike is now represented by Richard S. Mandaro of Amster, Rothstein & Ebenstein LLP and Peter J. Brann and Hannah L. Wurgaft of Brann & Isaacson.

Download and read the full filing here.

EcomBack Has E-commerce Solutions Other Than Paid Ads

Don’t Rely on Paid Traffic for Online Customers

There’s never been a better time than now to start an online store. In order to stay in business, however, you must think strategically about how you advertise and promote your products. If you invest your valuable time and money into areas that bring little return, your store will not cross the finish line.

It can be difficult for e-commerce store owners to drive traffic to their websites. However, paid methods like social media ads such as Google Shopping and Facebook are a quick and easy way to get people to click on their store. But is the cost really worth it?

If you’re not in the budget for paid ads, don’t fret! In this blog, we will explain ways to drive traffic to your marketplace without spending an arm and a leg. We will also inform you about our e-commerce solutions at EcomBack—your backbone for the e-conomy.

The Pros of Buying Ads

On the bright side, paid advertisements for e-commerce sales are pretty easy to figure out. It also can be done relatively quickly, with even faster results compared to SEO. Paid searches target the audience immediately and can be used to fulfill all your goals, whether it be more awareness, subscriber growth, or increase in sales.

There’s a lot of flexibility also, as there are tons of social media sites that gain traction and are used by consumers 24/7 (especially Gen Z and Millennial shoppers).

The Cons

Last year, advertisers spent nearly $200 billion in paid search ads, whereas retail spent more than $15 billion. It’s only expected to increase more and more this year. Also, the average small business that uses Google advertising spends a monthly amount of $9,000-$10,000, which comes to over $100,000 per year. So as we said before… it can get expensive. Really expensive. Which may not be wise for small businesses or those just getting started.

An e-commerce store owner, John Murphy, details his experience with paid traffic, “I relied solely on Google and Facebook ads to get traffic and for some unknown reason… both platforms decided I had violated a policy… If your store is solely reliant on paid traffic, let’s say from Google Shopping, and Google decides you violated one of the many advertising policies, all your traffic dries up, and you’re out of business. No traffic means no sales, and no sales mean you’re out of business by the end of the month.”

It’s always a bad idea to put all your eggs in one basket. This cautionary tale is for all e-commerce store owners who prioritize paid traffic above every other sales tactic. Always make a Plan B, C, and D!

Boost Sales at Little to No Cost

There are several ways to market your online business without spending a dime. For starters, referral marketing is a sure way to get customers, especially since friends and family have a huge influence on what a person decides to purchase.

Another way is upselling. This might seem risky for small businesses or start-ups, but it’s something to consider since upselling drives an average of 4% more sales.

Other tips include improving site speed, highlighting customer reviews, optimizing your mobile site, and redesigning your website. There are plenty of other ways, but we recommend that you go to our website instead to see for yourself how we can help your online store drive more traffic!

How EcomBack Can Help!

EcomBack is an eCommerce Web Development and Digital Marketing Company specializing in providing services that directly enhance website performance and traffic. Our team of SEO experts and developers can provide tons of services such as social media optimization, business branding, data management, PPC management, mobile-friendly website design, basic page speed optimization, and so much more.

In addition, our eCommerce Solutions are guaranteed to turn your store into a profitable business. We offer cost-effective e-commerce development services for online stores like Magento, Shopify, WooCommerce, BigCommerce, OpenCart, and AMP.

We never outsource and always offer free consultations! So get started today and get ready to sit back and see the results.

Importance of e-Commerce Website


With the help of e-commerce web design, you get an opportunity to have your products and services available to customers 24 hours. It gives good exposure to your business and helps you to reach out to potential customers. Since most people prefer to shop online due to paucity of time, you can easily make more revenue. With the help of an e-commerce website, people can select and buy desired products anytime. They can pay easily through credit cards or other payment options available on the website.

When it comes to buying gifts for your family and friends, an e-commerce shopping cart is what people prefer these days. Almost everything is available over the internet. You just need to visit the website, select a product, add it to your shopping cart and pay. The gift will be delivered to the mentioned destination on time. Is not that simple and hassle-free?

Another feature of an e-commerce website is that you can save an item in your ‘wishlist’ and buy it later. Thus, you do not have to go through the procedure of searching for the product again as it is already saved in your list. This is why e-commerce websites are so user-friendly. For those wondering about the delivery of products and issues related to it, here is how it works.

Since the whole process of purchasing things takes place online, people sometimes doubt the timely delivery of the products. In case your requested product does not reach you or reaches you late, you can make a complaint at the ‘goods return’ section. The required measures will be taken then to ensure you get what you ordered.

An e-commerce website also allows customers to post their comments regarding products and services. Thus, the owner of the website gets feedback. He can use this feedback to improve the services and make them better. Keeping in touch with the customers also helps a business owner in the long run. Thus, e-commerce development is highly important in today’s competitive environment.