A recent decision in the Southern District of New York is sending ripples through the world of website accessibility litigation. In Fernandez v. Cuddle Clones, LLC, District Judge Jeanette A. Vargas took the unusual step of ordering jurisdictional discovery and an evidentiary hearing to determine whether a serial plaintiff genuinely suffered an injury that would give her standing to bring an ADA website accessibility lawsuit. This move reflects a growing trend of federal courts closely scrutinizing plaintiffs’ motivations and experiences in these cases.
Key Facts from the Case
- The plaintiff, who has filed over 57 ADA website lawsuits, triggered suspicion due to the volume and timing of her filings. Within just four days, she attempted to purchase a wide range of products from various websites, leading to 22 lawsuits.
- The complaints were nearly identical, mirroring hundreds of other ADA website complaints filed by her counsel.
- The specific claim in this case—that the plaintiff wanted to buy a “pet toy”—was questionable, as the retailer only sells high-priced custom pet plushies, not simple toys.
These red flags led Judge Vargas to pause proceedings and require proof of genuine intent to make a purchase, underscoring the importance of standing in ADA cases.
What This Means for Businesses
While this case may signal that federal courts are becoming more cautious about serial ADA lawsuits, it does not reduce the need for businesses to maintain accessible websites. Instead, it highlights the complexity and evolving nature of web accessibility litigation. Plaintiffs may now look to state courts, increasing the risk for businesses that are not proactive.
How to Ensure Your Website Is Compliant
- Conduct Regular Accessibility Audits: Identify and address barriers that could impede users with disabilities.
- Remediate Issues Promptly: Update your website to align with the latest accessibility standards, such as WCAG.
- Maintain Ongoing Compliance: Accessibility is not a one-time fix. Continuous monitoring is essential.
- Educate Your Team: Ensure your staff understands accessibility best practices.
How EcomBack Can Help
As a dedicated web accessibility provider, we offer:
- Comprehensive website audits
- Actionable remediation plans and technical support
- Ongoing monitoring and compliance reporting
- Training and resources for your team
Don’t put your business at risk. Partner with us to achieve and maintain website accessibility, and ensure your digital presence is inclusive to everyone.
