Annual 2023 ADA Website Accessibility Lawsuit Report
In 2023, the landscape of ADA compliance litigation showed a distinctive pattern across the United States, with a total of 3,862 lawsuits filed for website accessibility.
![EcomBack's 2023 ADA Accessibility Lawsuit Report cover with various disabilities icons. EcomBack's 2023 ADA Accessibility Lawsuit Report cover with various disabilities icons.](https://cdn.statically.io/img/www.ecomback.com/wp-content/uploads/image-1.png)
Executive Summary
In 2023, the landscape of ADA compliance lawsuits for websites witnessed significant developments, reflecting an evolving legal environment and technological challenges. This report provides a comprehensive analysis of these key areas:
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This report not only highlights the key areas of ADA compliance litigation but also serves as a guide for businesses and website owners to understand the current environment and prepare for future developments. With the landscape continuously evolving, proactive measures and expert guidance are more critical than ever.
Year-wise ADA Accessibility Lawsuits 2016 to 2023
![Bar graph over map showing rising ADA lawsuits from 132 in 2016 to 3862 in 2023, Further details are provided below Bar graph over map showing rising ADA lawsuits from 132 in 2016 to 3862 in 2023, Further details are provided below](https://cdn.statically.io/img/www.ecomback.com/wp-content/uploads/image-2.png)
Number of lawsuits each year: 132 lawsuits in 2016, 814 lawsuits in 2017, 2314 lawsuits in 2018, 2890 lawsuits in 2019, 3503 lawsuits in 2020, 4055 lawsuits in 2021, 4334 lawsuits in 2022, and 3862 ADA lawsuits in year 2023.
An In-Depth Analysis of State-wise ADA Lawsuits Filed in 2023
In 2023, the landscape of ADA compliance litigation showed a distinctive pattern across the United States, with a total of 3,862 lawsuits filed for website accessibility. This figure, distributed across various states, reveals a multifaceted narrative about legal attention to digital accessibility.
State Wise - Total ADA Lawsuits Filed | Total Lawsuits | Percentage | Jan | Feb | Mar | Apr | May | Jun | July | Aug | Sept | Oct | Nov | Dec |
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
New York | 2140 | 55.41% | 159 | 185 | 209 | 209 | 174 | 202 | 158 | 223 | 148 | 186 | 149 | 140 |
California | 953 | 24.68% | 51 | 16 | 77 | 84 | 88 | 105 | 71 | 163 | 72 | 74 | 69 | 83 |
Florida | 473 | 12.94% | 54 | 43 | 51 | 41 | 36 | 30 | 31 | 48 | 31 | 34 | 38 | 36 |
Pennsylvania | 159 | 4.85% | 19 | 13 | 33 | 1 | 6 | 24 | 13 | 24 | 4 | 6 | 14 | 2 |
All Other States | 137 | 3.34% | 4 | 6 | 14 | 6 | 17 | 19 | 20 | 16 | 2 | 13 | 12 | 8 |
Total ADA Lawsuits Filed | 3862 | 100% | 287 | 263 | 384 | 341 | 321 | 380 | 291 | 474 | 257 | 313 | 282 | 289 |
State-wise Breakdown of 3,862 Website Accessibility Lawsuits Filed in 2023
New York: The state had 2,140 lawsuits, accounting for 55.41% of the national total. This significant number places New York at the forefront in terms of the volume of cases.
California: With 953 lawsuits, California constituted 24.68% of the total lawsuits, indicating a substantial number of ADA compliance-related cases in the state.
Florida: Florida saw 473 lawsuits, making up 12.25% of the nationwide total, showing a considerable amount of activity in ADA compliance litigation.
Pennsylvania: Pennsylvania reported 159 cases, which is 4.12% of the total, representing a smaller yet noteworthy portion of the national figure.
Other States: Collectively, other states accounted for 137 lawsuits, or 3.55% of the total, showing varied activity in ADA compliance across these regions.
![State by state breakdown of ADA lawsuit activity in the United States. Further details are provided below. State by state breakdown of ADA lawsuit activity in the United States. Further details are provided below.](https://cdn.statically.io/img/www.ecomback.com/wp-content/uploads/image-3.png)
Number of lawsuits from January to December 2023: New York, 2140, California 953, Florida 473, Pennsylvania 159, and Other States 137.
A Brief Overview of Monthly Trends in ADA Lawsuits in 2023
31 Plaintiffs Filed 50% of ADA Website Accessibility Lawsuits in 2023
31 Plaintiffs filed 50.28% of
lawsuits (1942 cases)
178 Plaintiffs filed 49.72% of
lawsuits (1920 cases)
209 Plaintiffs filed almost all accessibility cases in 2023
- In 2023, only 31 plaintiffs were responsible for 1942 cases, which is 50.28% of ADA lawsuits, showcasing a concentrated pattern of legal activity by a handful of people.
- 178 plaintiffs filed the balance of 1920 cases, which is 49.72% of ADA lawsuits against websites.
- Overall, only 209 plaintiffs filed almost all of the website accessibility cases in the country.
Plaintiff Name | Firm Name | Total Lawsuits | Percentage | Jan | Feb | Mar | Apr | May | Jun | July | Aug | Sept | Oct | Nov | Dec |
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Perla Mageno | Manning Law, APC | 172 | 4.45% | 1 | 0 | 12 | 27 | 22 | 22 | 14 | 20 | 14 | 11 | 20 | 9 |
Jose Casillas | Custodio & Dubey LLP | 95 | 2.46% | 1 | 0 | 0 | 0 | 17 | 0 | 1 | 54 | 21 | 0 | 0 | 1 |
Alejandro Espinoza | Mendez Law Offices, PLLC | 87 | 2.25% | 5 | 5 | 13 | 5 | 15 | 7 | 6 | 12 | 3 | 7 | 6 | 3 |
Jenny Hwang | Mars Khaimov Law, PLLC | 83 | 2.15% | 6 | 5 | 16 | 22 | 11 | 8 | 8 | 7 | 0 | 0 | 0 | 0 |
Victor Ariza | Roderick V. Hannah, Esq., P.A. | 80 | 2.07% | 3 | 8 | 13 | 7 | 6 | 4 | 4 | 4 | 8 | 5 | 11 | 7 |
Luis Licea | Pacific Trial Attorneys, APC | 78 | 2.02% | 2 | 0 | 11 | 6 | 7 | 11 | 9 | 9 | 2 | 4 | 10 | 7 |
Andrew Toro | Mars Khaimov Law, PLLC | 75 | 1.94% | 9 | 18 | 14 | 25 | 6 | 3 | 0 | 0 | 0 | 0 | 0 | 0 |
Luis Toro | Mars Khaimov Law, PLLC | 70 | 1.81% | 0 | 0 | 15 | 8 | 17 | 16 | 12 | 2 | 0 | 0 | 0 | 0 |
James Watson | J. Courtney Cunningham, PLLC | 69 | 1.69% | 7 | 7 | 6 | 14 | 6 | 3 | 4 | 7 | 2 | 5 | 0 | 8 |
Rusty Rendon | Pacific Trial Attorneys, APC | 66 | 1.71% | 4 | 0 | 5 | 8 | 12 | 10 | 3 | 10 | 4 | 5 | 2 | 3 |
Nelson Fernandez | Roderick V. Hannah, Esq., P.A. | 63 | 1.63% | 1 | 4 | 11 | 6 | 5 | 6 | 6 | 4 | 4 | 7 | 3 | 6 |
Daniel Lugo | Lee D. Sarkin | 61 | 1.58% | 15 | 11 | 6 | 0 | 10 | 10 | 7 | 2 | 0 | 0 | 0 | 0 |
Maria Dimeglio | Stein Saks, PLLC | 60 | 1.55% | 0 | 0 | 0 | 0 | 11 | 18 | 8 | 10 | 9 | 3 | 1 | 0 |
Jasmine Toro | Mars Khaimov Law, PLLC | 58 | 1.50% | 7 | 12 | 3 | 3 | 6 | 7 | 10 | 10 | 0 | 0 | 0 | 0 |
Drew Hunthausen | Pacific Trial Attorneys, APC | 57 | 1.48% | 8 | 0 | 6 | 8 | 3 | 6 | 6 | 6 | 2 | 0 | 1 | 11 |
Rebecca Castillo | Manning Law, APC | 57 | 1.48% | 9 | 3 | 2 | 1 | 0 | 9 | 3 | 1 | 6 | 4 | 9 | 10 |
Kevin Yan Luis | Law Office of Noor A. Saab | 57 | 1.48% | 0 | 2 | 0 | 8 | 1 | 3 | 8 | 13 | 6 | 5 | 8 | 3 |
Isabel Rendon | Pacific Trial Attorneys, APC | 52 | 1.35% | 0 | 0 | 16 | 10 | 4 | 4 | 3 | 3 | 0 | 3 | 1 | 8 |
Janelys Hernandez | Law Office of Noor A. Saab | 51 | 1.32% | 0 | 0 | 21 | 8 | 4 | 1 | 5 | 4 | 0 | 8 | 0 | 0 |
Blair Douglass | East End Trial Group LLC | 50 | 1.29% | 19 | 5 | 0 | 0 | 1 | 0 | 0 | 20 | 0 | 2 | 3 | 0 |
Gabriel Mcmorland | Carlson Brown Law | 50 | 1.29% | 0 | 0 | 2 | 0 | 4 | 17 | 13 | 4 | 4 | 4 | 2 | 0 |
Luis Mercedes | Stein Saks, PLLC | 49 | 1.27% | 0 | 0 | 0 | 0 | 0 | 0 | 7 | 15 | 14 | 7 | 4 | 2 |
Windy Lucius | J. Courtney Cunningham, PLLC | 48 | 1.24% | 9 | 5 | 4 | 6 | 3 | 8 | 1 | 6 | 3 | 3 | 0 | 0 |
Linda Slade | Shaked Law Group, P.C. | 48 | 1.24% | 3 | 7 | 8 | 4 | 5 | 9 | 3 | 6 | 0 | 0 | 0 | 0 |
Daniel Rodriguez | Stein Saks, PLLC | 47 | 1.22% | 21 | 12 | 2 | 5 | 5 | 0 | 2 | 0 | 0 | 0 | 0 | 0 |
Dominick Martin | Pacific Trial Attorneys, APC | 45 | 1.17% | 4 | 0 | 4 | 5 | 1 | 6 | 6 | 8 | 1 | 6 | 1 | 3 |
Lamar Brown | Mars Khaimov Law, PLLC | 45 | 1.17% | 0 | 14 | 0 | 20 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
Lynn Zelvin | Mars Khaimov Law, PLLC | 43 | 1.11% | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 11 | 19 | 6 | 7 |
Vincent Clement | Stein Saks, PLLC | 42 | 1.09% | 0 | 0 | 7 | 0 | 6 | 7 | 5 | 6 | 5 | 6 | 0 | 0 |
Frangie Espinal | Gottlieb & Associates | 42 | 1.09% | 0 | 0 | 0 | 4 | 12 | 4 | 0 | 0 | 5 | 8 | 0 | 9 |
Damian Martin | Stein Saks, PLLC | 42 | 1.09% | 0 | 0 | 0 | 0 | 0 | 10 | 3 | 9 | 7 | 5 | 5 | 3 |
31 Plaintiffs Filed 50.28% ADA Lawsuits in 2023 | 1,942 | 50.28% | 134 | 118 | 197 | 210 | 211 | 209 | 157 | 252 | 131 | 128 | 94 | 101 | |
178 Plaintiffis Filed 49.72% ADA Lawsuits in 2023 | 1,920 | 49.72% | 153 | 145 | 187 | 131 | 110 | 171 | 134 | 222 | 126 | 185 | 188 | 168 | |
ADA Lawsuits Filed by 209 Plaintiffs in 2023 | 3,862 | 100% | 287 | 263 | 384 | 341 | 321 | 380 | 291 | 474 | 257 | 313 | 282 | 269 |
Filing Patterns by Leading Plaintiffs and Their Law Firms:
- Perla Mageno from Manning Law, APC filed 172 lawsuits in 2023, making her the most active filer of the year. This follows her leading role in 2022, where she filed 199 lawsuits, again the highest for that year. Her cases are usually in California State Court utilizing California’s Unruh Act statute, which has statutory fines of $4,000 payable to the plaintiff plus attorney fees. The federal ADA does not provide for statutory damages but California does through the Unruh Act.
- Jose Casillas of Custodio & Dubey LLP really stood out in August, filing a lot of lawsuits and pushing up that month’s total. Interestingly, he filed just one lawsuit in the whole of 2022, showing a big change in his legal activity this year. This plaintiff is also pursuing cases in California State Superior Court under the Unruh.
- Claims in California State Courts can be very expensive for defendants due to these heavy statutory fines.
Months with Zero Filings Among the Top 15 Plaintiffs:
This trend of sporadic filing activity among leading plaintiffs might indicate a deliberate legal strategy or reflect changes in their circumstances affecting how and when they choose to file lawsuits.
Implications on ADA Compliance and Litigation Trends:
5 Law Firms filed 54% of all website ADA lawsuits in 2023
5 Plaintiff law firms filed 54.22%
of lawsuits (2094 cases)
16 Plaintiff law firms filed 90.21%
of lawsuits (3484 cases)
50 Plaintiffs Attorney Firms filed all website accessibility cases in 2023
This section provides an in-depth analysis of ADA lawsuit filings by the top 16 law firms in 2023. Representing 90.21% of all lawsuits, these firms have significantly influenced the legal landscape of ADA compliance.
The following data offers a detailed monthly breakdown of their filing activities, highlighting trends, consistencies, and notable fluctuations in their legal actions over the year. This insight is crucial for understanding the dynamics and strategies of these key legal players in ADA litigation.
Number | Plaintiff Firm Name | Total Lawsuits | Percentage | Jan | Feb | Mar | Apr | May | Jun | July | Aug | Sept | Oct | Nov | Dec |
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
1 | Stein Saks, PLLC | 568 | 14.71% | 36 | 46 | 54 | 19 | 39 | 76 | 40 | 55 | 51 | 60 | 50 | 42 |
2 | Mars Khaimov Law, PLLC | 568 | 14.71% | 27 | 52 | 68 | 94 | 58 | 52 | 38 | 42 | 37 | 67 | 13 | 20 |
3 | Pacific Trial Attorneys, APC | 362 | 9.37% | 20 | 0 | 51 | 44 | 28 | 54 | 34 | 43 | 10 | 25 | 18 | 35 |
4 | Manning Law, APC | 316 | 8.18% | 22 | 12 | 19 | 36 | 31 | 36 | 24 | 31 | 31 | 17 | 35 | 22 |
5 | Gottlieb & Associates | 280 | 7.25% | 26 | 30 | 16 | 27 | 27 | 26 | 30 | 22 | 13 | 24 | 24 | 15 |
6 | Mizrahi Kroub LLP | 227 | 5.88% | 44 | 32 | 18 | 16 | 14 | 4 | 20 | 43 | 6 | 3 | 1 | 26 |
7 | Law Office of Noor A. Saab | 216 | 5.59% | 6 | 3 | 28 | 24 | 9 | 18 | 20 | 26 | 21 | 26 | 27 | 8 |
8 | Roderick V. Hannah, Esq., P.A. | 182 | 4.71% | 4 | 12 | 24 | 13 | 11 | 10 | 16 | 17 | 18 | 14 | 22 | 21 |
9 | NYE Stirling, Hale & Miller, LLP | 131 | 3.39% | 14 | 9 | 12 | 15 | 13 | 7 | 10 | 15 | 12 | 4 | 20 | 0 |
10 | Shaked Law Group, P.C. | 128 | 3.31% | 8 | 13 | 14 | 12 | 12 | 24 | 5 | 16 | 1 | 9 | 8 | 6 |
11 | J. Courtney Cunningham, PLLC | 117 | 3.03% | 16 | 12 | 10 | 20 | 9 | 11 | 5 | 13 | 5 | 8 | 0 | 8 |
12 | Mendez Law Offices, PLLC | 102 | 2.64% | 5 | 5 | 13 | 5 | 15 | 7 | 6 | 12 | 5 | 12 | 13 | 4 |
13 | Custodio & Dubey LLP | 95 | 2.46% | 1 | 0 | 0 | 0 | 17 | 0 | 1 | 54 | 21 | 0 | 0 | 1 |
14 | Carlson Brown Law | 66 | 1.71% | 0 | 8 | 10 | 0 | 4 | 17 | 13 | 4 | 4 | 4 | 2 | 0 |
15 | Gabriel A. Levy, P.C. | 65 | 1.68% | 2 | 2 | 4 | 3 | 2 | 6 | 4 | 5 | 8 | 0 | 7 | 22 |
16 | Lee D. Sarkin | 61 | 1.58% | 15 | 11 | 6 | 0 | 10 | 10 | 7 | 2 | 0 | 0 | 0 | 0 |
16 Law Firms Filed 90.21% of Lawsuits in 2023 | 3484 | 90.21% | 246 | 247 | 347 | 328 | 299 | 358 | 273 | 400 | 243 | 273 | 240 | 230 | |
34 Law Firms Filed 9.79% of Lawsuits in 2023 | 378 | 9.79% | 41 | 16 | 37 | 13 | 22 | 22 | 18 | 74 | 14 | 40 | 42 | 39 | |
50 Law Firms Filed 3862 Lawsuits in 2023 | 3862 | 100% | 287 | 263 | 384 | 341 | 321 | 380 | 291 | 474 | 257 | 313 | 282 | 269 |
Key Summary Points:
Concentration of Litigation Efforts:
- Stein & Saks, PLLC filed 568 lawsuits, making them a leading contributor. Stein & Saks, PLLC was sued by a plaintiff who alleges their website is inaccessible to people with visual impairments, and Judge Caproni of Southern District of New York issued a sanction against the firm for their filing practices.
- Mars Khaimov Law, PLLC also filed 568 lawsuits, matching the output of Stein & Saks, PLLC
- Pacific Trial Attorneys, APC contributed 362 lawsuits to the year’s total.
- Manning Law, APC was responsible for 316 lawsuits. It is notable that their website uses an accessibility widget.
- Gottlieb & Associates filed 280 lawsuits, completing the top five firms in terms of volume.
Collectively, these top 5 firms filed 2094 (54.22%) of total ADA lawsuits in 2023.
A Notable Observation: Five out of the top ten law firms, known for their active involvement in ADA lawsuits, have implemented accessibility widgets or accessibility add-ons on their own websites. This fact presents a contrast between their legal advocacy and their own website practices.
Diverse Filing Strategies and Peak Periods:
- Custodio & Dubey LLP showed a major increase in activity with 54 lawsuits filed in August, a significant jump compared to just 1 lawsuit in the entire year of 2022. Interestingly, all these cases in 2023 were filed by a single plaintiff, Jose Casillas, who ranked as the second-highest filer of ADA lawsuits for the year.
- Mendez Law Offices, PLLC, showed consistency but peaked in March and November with 13 cases each.
- Carlson Brown Law ramped up their legal actions in June, filing 17 cases in that month alone. Throughout the year, they filed a total of 66 ADA website lawsuits, marking a shift from the previous year, when their focus was on lawsuits related to physical access barriers.
Law Firms with Notable Filing Variations:
- Lee D. Sarkin had a significant drop, filing zero lawsuits in the last four months.
- Mizrahi Kroub LLP saw a reduction in filings from September onwards, with only 1 case in November, but they seem to have shifted venue to New York State courts instead of SDNY.
Law Firms with Consistent Filing Throughout the Year:
Manning Law, APC, Gottlieb & Associates, and Roderick V. Hannah, Esq., P.A. demonstrated relatively consistent filing patterns across the year.
Newcomers in ADA Website Compliance Litigation:
Industry Analysis - ADA Compliance Lawsuit Trends of 2023
The year 2023 presented a challenging legal environment for various industries regarding ADA website compliance. The data illuminates the distribution and frequency of lawsuits across key sectors, with a total of 3,862 lawsuits recorded. A considerable 93.60% of these lawsuits were concentrated in just ten industries, reflecting targeted legal scrutiny on specific sectors.
Number | Industry Category | Total Lawsuits | Percentage | Jan | Feb | Mar | Apr | May | Jun | July | Aug | Sept | Oct | Nov | Dec |
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
1 | Lifestyle, Fashion, Clothing & Apparel | 1156 | 29.93% | 56 | 69 | 140 | 94 | 79 | 116 | 93 | 170 | 91 | 91 | 74 | 83 |
2 | Restaurant, Food, Drinks & Beverages | 885 | 22.92% | 64 | 59 | 78 | 85 | 98 | 89 | 44 | 87 | 60 | 67 | 69 | 85 |
3 | Medical, Health, Fitness & Sports | 344 | 8.91% | 38 | 28 | 23 | 24 | 23 | 25 | 36 | 41 | 29 | 27 | 27 | 23 |
4 | Furniture, Ligthing, Home Decor & Kitchen | 316 | 8.18% | 34 | 39 | 36 | 33 | 28 | 22 | 11 | 35 | 8 | 24 | 22 | 24 |
5 | Travel, Hotels & Hospitality | 215 | 5.57% | 29 | 23 | 21 | 17 | 26 | 27 | 26 | 12 | 3 | 18 | 6 | 7 |
6 | Beauty, Skin & Body Care | 190 | 4.92% | 9 | 7 | 27 | 25 | 17 | 21 | 12 | 27 | 11 | 10 | 15 | 9 |
7 | Retail & Consumer Goods | 174 | 4.51% | 8 | 7 | 0 | 12 | 16 | 36 | 8 | 34 | 21 | 10 | 12 | 9 |
8 | Educational, Media, Magazines & Kids | 142 | 3.68% | 18 | 12 | 12 | 1 | 7 | 0 | 12 | 16 | 8 | 24 | 23 | 9 |
9 | Toys, Games, Gifts & Flower Shops | 112 | 2.90% | 19 | 14 | 21 | 9 | 9 | 8 | 2 | 4 | 4 | 4 | 11 | 7 |
10 | Computer, Mobile & Electronic Accessories | 81 | 2.10% | 4 | 0 | 10 | 9 | 9 | 12 | 6 | 13 | 4 | 6 | 6 | 2 |
10 Industries Faced 93.60% of ADA lawsuits | 3615 | 93.60% | 279 | 258 | 368 | 310 | 312 | 356 | 250 | 439 | 239 | 281 | 265 | 258 | |
7 industries Faced 6.40% of the lawsuits | 247 | 6.40% | 8 | 5 | 16 | 31 | 9 | 24 | 41 | 35 | 18 | 32 | 17 | 11 | |
Industries Affected by Website Accessibility Lawsuits in 2023 | 3862 | 100% | 287 | 263 | 384 | 341 | 321 | 380 | 291 | 474 | 257 | 313 | 282 | 269 |
Key Points Summary:
- Dominant Industry Challenges: The Lifestyle, Fashion, Clothing & Apparel industry faced the highest number of lawsuits, with 1,156 cases (29.93%), suggesting a significant focus on retail web accessibility.
- Culinary and Hospitality Pressures: The Restaurant, Food, Drinks & Beverages sector dealt with 885 lawsuits (22.92%), underscoring the critical need for accessible online food service platforms.
- Health and Well-being in Focus: The Medical, Health, Fitness & Sports Accessories category encountered 344 cases (8.91%), indicating growing attention to accessible health-related information online.
- Home and Decor Accessibility: The Furniture, Lighting, Home Decor & Kitchen Accessories sector was subject to 316 lawsuits (8.18%), highlighting the necessity of accessible e-commerce experiences in home living.
- Trends Across the Year: Monthly trends varied, with Lifestyle, Fashion, Clothing & Apparel and Restaurant, Food, Drinks & Beverages industries experiencing a notable surge in August, possibly linked to seasonal marketing campaigns and website updates.
- Emerging Sector Focus: Other sectors, including Beauty, Skin & Body Care and Educational, Media, Magazines & Kids Accessories, though facing fewer lawsuits, still felt the impact of ADA compliance litigation, which could influence future web development strategies within these niches.
Majority of lawsuits are against small to mid-size businesses.
“ADA Lawsuits Mainly Affect Small Businesses, Though Big Brands Aren’t Exempt: A Reminder That “It Doesn’t Happen Until It Happens”
The recent surge in ADA website lawsuits primarily impacts small to mid-size businesses, though high-profile cases among industry giants like Apple, Tesla, and Samsung have made headlines. This trend underscores a crucial reminder: “It doesn’t happen to you until it happens to you.” While major brands such as Adidas, Armani, Levi’s, and others like Ford, Nike, Nordstrom, and Lowe’s have faced repeat lawsuits, the real brunt of these legal challenges falls on smaller businesses.
Small businesses often don’t consider the possibility of an ADA website lawsuit until they are directly affected, by which time the financial and reputational damage can be significant.
![Business owner in apron reading ADA lawsuit report in cafe, storefront visible outside. Business owner in apron reading ADA lawsuit report in cafe, storefront visible outside.](https://cdn.statically.io/img/www.ecomback.com/wp-content/uploads/image-4-1.png)
![text](https://cdn.statically.io/img/www.ecomback.com/wp-content/uploads/text-jpg.webp)
Local neighborhood businesses
are sued by plaintiffs far and wide.
This situation highlights the importance of proactive measures in website accessibility, particularly for smaller businesses with limited resources. The frequency of lawsuits against famous brands, including Under Armour, Fendi, Prada, Hermes, and others, serves as a stark reminder that no business, regardless of size, is immune from ADA compliance issues. Prioritizing website accessibility is not just a legal necessity but a crucial step in inclusive business practices.
Limited Engagement and Efforts by Business Chambers in Educating on Inaccessible Websites
An unsurprising 24.50% of ADA Lawsuits Against Websites with Accessibility Widgets
Despite the common belief in their effectiveness or value, overlay widgets contributed to 24.50% of ADA lawsuits against websites in 2023, as shown in the provided data and chart. This figure highlights a critical insight: the implementation of accessibility widgets does not guarantee ADA compliance or immunity from legal action. In an interesting twist, some law firms that advocate for ADA compliance by suing businesses over their website accessibility are themselves using these widgets on their sites.
The accompanying list offers a detailed breakdown of the top 10 accessibility add-ons (including overlay widgets, overlays, plugins, buttons, scripts, apps, etc.) identified on websites at the time of lawsuit filings, alongside a month-by-month analysis. This data provides a comprehensive overview of the prevalence of each type of accessibility add-on among the websites involved in ADA lawsuits.
Number | Accessibility Widget | Total Lawsuits | Percentage | Jan | Feb | Mar | Apr | May | Jun | July | Aug | Sept | Oct | Nov | Dec |
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
1 | accessiBe | 348 | 37.46% | 40 | 37 | 39 | 22 | 24 | 30 | 23 | 47 | 21 | 21 | 14 | 30 |
2 | UserWay | 246 | 26.48% | 28 | 21 | 20 | 29 | 23 | 21 | 15 | 28 | 12 | 21 | 11 | 17 |
3 | AudioEye | 72 | 7.75% | 7 | 3 | 5 | 11 | 3 | 6 | 5 | 6 | 7 | 9 | 5 | 5 |
4 | Accessibly | 63 | 6.78% | 1 | 6 | 5 | 9 | 4 | 9 | 6 | 9 | 2 | 5 | 3 | 4 |
5 | EqualWeb | 38 | 4.09% | 3 | 3 | 4 | 4 | 4 | 1 | 2 | 3 | 4 | 6 | 2 | 3 |
6 | UsableNet | 20 | 2.15% | 1 | 1 | 4 | 1 | 1 | 0 | 0 | 5 | 0 | 2 | 2 | 3 |
7 | eSSENTIAL Accessibility | 18 | 1.94% | 0 | 0 | 4 | 5 | 3 | 0 | 1 | 1 | 0 | 1 | 1 | 2 |
8 | CodeInspire | 17 | 1.83% | 1 | 2 | 5 | 1 | 1 | 0 | 1 | 4 | 0 | 1 | 1 | 0 |
9 | Accessibility Enabler | 15 | 1.61% | 1 | 1 | 1 | 2 | 2 | 3 | 1 | 2 | 1 | 0 | 1 | 0 |
10 | Level Access | 15 | 1.61% | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 4 | 2 | 4 | 5 |
Total of top 10 widgets | 852 | 91.71% | 82 | 73 | 87 | 84 | 65 | 70 | 54 | 105 | 51 | 68 | 44 | 69 | |
Other widgets | 77 | 8.29% | 7 | 5 | 8 | 6 | 6 | 5 | 11 | 13 | 3 | 3 | 4 | 6 | |
Total lawsuits against websites with overlay widgets | 929 | 100% | 89 | 78 | 95 | 90 | 71 | 75 | 65 | 118 | 54 | 71 | 48 | 75 |
Throughout the year, lawsuits were consistently filed against websites employing various overlay technologies, with the highest concentration occurring in August. This trend challenges the perception that overlays are a comprehensive solution for accessibility. Instead, it suggests that many websites, despite utilizing these tools, may still have substantial accessibility gaps.
The persistence of legal actions across months, regardless of the deployment of these widgets, underscores the need for a more nuanced approach to digital accessibility. It points to the necessity for website owners to not solely rely on overlays but to engage in thorough and ongoing evaluations of their sites’ accessibility to truly meet the standards set forth by the ADA.
Month-wise ADA Website Lawsuits Against Websites with Accessibility Widgets
![Graph showing month-wise ADA lawsuits against websites with accessibility widgets. Further details are provided below Graph showing month-wise ADA lawsuits against websites with accessibility widgets. Further details are provided below](https://cdn.statically.io/img/www.ecomback.com/wp-content/uploads/graph-image1.png)
Bar graph showing lawsuits against websites with accessibility widgets: January 90, February 80, March 100, April 91, May 72, June 75, July 66, August 122, September 54, November 49, December 75.
Note: In presenting this information it is crucial to note that our intention is not to cast a negative light on the providers of these accessibility widgets but rather to provide an objective analysis based on the available data. The presence of a widget in a lawsuit does not necessarily indicate a flaw in the widget itself but could be due to various factors including incorrect implementation or other issues unrelated to the widget’s functionality.
Platforms and Website Accessibility Lawsuits in 2023
In 2023, the implementation of various web development platforms and technologies came under scrutiny for ADA compliance, culminating in 3,862 lawsuits. These legal actions were not a commentary on the platforms themselves, nor were the platforms named in the lawsuits, but rather on how they were utilized to build websites.
The data reflects the need for proper implementation of website building platforms by designers and developers to ensure website accessibility.
Number | Platform Summary | Total Lawsuits | Percentage | Jan | Feb | Mar | Apr | May | Jun | July | Aug | Sept | Oct | Nov | Dec |
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
1 | Shopify | 1378 | 35.68% | 73 | 103 | 162 | 151 | 127 | 151 | 106 | 160 | 95 | 100 | 71 | 79 |
2 | WordPress | 700 | 18.13% | 80 | 35 | 57 | 53 | 72 | 64 | 50 | 85 | 37 | 70 | 47 | 50 |
3 | Salesforce Commerce Cloud | 149 | 3.86% | 14 | 8 | 20 | 9 | 9 | 5 | 3 | 30 | 10 | 11 | 13 | 17 |
4 | Magento | 146 | 3.78% | 10 | 9 | 17 | 14 | 6 | 14 | 8 | 20 | 16 | 12 | 9 | 13 |
5 | Squarespace | 102 | 2.64% | 8 | 3 | 11 | 10 | 8 | 12 | 6 | 9 | 14 | 2 | 9 | 10 |
6 | BigCommerce | 100 | 2.59% | 3 | 12 | 7 | 4 | 4 | 8 | 11 | 16 | 8 | 6 | 13 | 8 |
7 | Wix | 59 | 1.53% | 4 | 5 | 0 | 6 | 10 | 3 | 6 | 9 | 2 | 2 | 6 | 6 |
8 | Other Custom Coded Websites | 1228 | 31.38% | 95 | 88 | 110 | 94 | 85 | 123 | 101 | 145 | 77 | 110 | 114 | 86 |
Total Lawsuits | 3862 | 100% | 287 | 263 | 384 | 341 | 321 | 380 | 291 | 474 | 257 | 313 | 282 | 269 |
ADA Website Compliance Updates:
Yearly Roundup of Developments and News
EcomBack's Comprehensive Approach to ADA Compliance and Web Accessibility
EcomBack distinguishes itself in the realm of ADA compliance with a comprehensive suite of expert-driven services, rooted in a deep understanding of web accessibility challenges. As a court-approved remediation service provider and an active participant in both the International Association of Accessibility Professionals (IAAP) and the advisory committee of the World Wide Web Consortium (W3C), EcomBack offers unparalleled expertise in the field.
Court-Approved Remediation Services: Recognized as a court-approved remediation service provider, EcomBack ensures that its compliance solutions are in line with legal expectations and best practices.
Affiliations with Leading Accessibility Organizations: Membership in the IAAP and participation in the W3C advisory committee positions, EcomBack is at the forefront of global web accessibility initiatives, contributing to and staying updated with the latest standards and practices.
Manual, Code-Level Adjustment Approach: EcomBack’s approach involves meticulous, manual remediation at the code level, avoiding reliance on overlay widgets or plug-ins for a more effective compliance strategy.
Expert Team with Unique Insights: The combination of remediation experts and a team of usability testers and auditors, including individuals who are blind, brings an invaluable perspective to EcomBack’s services, ensuring websites are accessible and user-friendly for a diverse audience.
Free Website Accessibility Audit: EcomBack offers a free initial website audit, providing a comprehensive assessment of accessibility issues. This is followed by a consultation call to discuss the findings and suggest effective remediation strategies.
Transparent and Flat Fee Structure: Recognizing the need for clarity and predictability in costs, EcomBack employs a transparent, flat-fee pricing model, ensuring clients understand and can budget for the services without unexpected expenses.
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Through these tailored services, EcomBack not only addresses the technical aspects of ADA compliance but also fosters an environment of inclusivity & accessibility in the digital space. Our holistic, client-centric approach makes us a trusted partner for businesses like yours seeking to enhance their website’s accessibility.
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View Our ADA Website Lawsuits Recap Reports!
View Our ADA Website Lawsuits Recap Reports!
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Methodology
This report presents the findings on cases filed under the Americans with Disabilities Act (ADA) in US Federal and State courts for the period of January 01, 2023, to December 31, 2023, using CourtLink and PACER as the primary data sources. Keyword research was conducted by EcomBack’s research team, focusing on cases related to digital accessibility.
The search criteria included specific keywords related to ADA-related cases, with a focus on those cases where digital properties were the subject of the claim. Our research team meticulously reviewed all relevant cases found through this search to ensure the accuracy and relevance of the data presented in this report.
EcomBack is a company that specializes in web development and is committed to making websites accessible. Our team conducts thorough research in all aspects of digital accessibility that affect disabled individuals and businesses. It is important to note that EcomBack is not a law firm and the information presented in this report is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you need legal advice or representation, please consult with an attorney licensed to practice law in your jurisdiction.
We take pride in presenting accurate and up-to-date information in this report, but we cannot guarantee its completeness or accuracy. Court records are subject to frequent updates, revisions, and amendments, and there may be cases that were not included in our search due to various reasons, including but not limited to clerical errors, data entry mistakes, or technical issues.
This report is intended for informational purposes only and should not be construed as legal advice or an endorsement of any particular course of action. The information contained herein is provided “as is,” without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
If you spot an error, please contact us immediately for correction. EcomBack disclaims all liability for any loss or damage arising out of or in connection with the use of this report or the information contained herein. By accessing and using this report, you agree to be bound by the terms and conditions of this methodology.
The editorial comments and statements made in the document are the personal opinions of the writers, researchers and commentators who have contributed to this report.
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Disclaimer: The contents of this report are provided for informational purposes only. The data and insights presented are based on our observations and interpretations, and while we strive for accuracy, we cannot guarantee the completeness or reliability of the information. For detailed terms and conditions regarding our content, please refer to our Website Content Disclaimer.