December 2020Monthly Website Accessibility Lawsuit Recap

Key takeaways

  • 230 website accessibility lawsuits were filed in December, the most in any month this year.
  • Consumer goods and apparel businesses were targeted with nearly 45% of lawsuits.
  • New York continues to have the most lawsuits, now for the eighth straight month.
  • One plaintiff filed more than 15% of total lawsuits.

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Monthly Lawsuit Recap

Lawsuits by Most-Targeted Industries

Consumer goods

23% (54)

Apparel

20% (45)

Food products

13% (30)

Beauty

10% (23)

Leisure products

10% (23)

Consumer Goods continue to dominate the lion's share of the lawsuits filed, with Apparel not far behind. December also saw a resurgence of Beauty and Leisure Products suits, after both industries had been out of the top-five for a few months.

Lawsuit Filings per State

New York State Flag

New York

66% (152)
California State Flag

California

23% (53)
Florida State Flag

Florida

7% (15)
Pennsylvania State Flag

Pennsylvania

4% (10)

New York remains the most popular state for website accessibility lawsuits, now for the eighth straight month, as 152 cases were filed in the Empire State to close out the year. California continues in the two-spot, holding a large lead over the rest of the pack. Cases in Florida and Pennsylvania continue to trickle.

Accessibility Standards Specified

The Web Content Accessibility Guidelines (WCAG) are the most popular and respected digital accessibility standards.

Out of 230 lawsuits, 134 specifically cite a lack of WCAG 2.1 compliance, 87 cite WCAG 2.0, and 37 cite Section 508. WCAG 2.1 was cemented as the go-forward standard in 2021.

  • WCAG 2.0 was published in 2008 and was the industry standard for a full decade.
  • WCAG 2.1 was published in 2018 and is now considered the industry standard. This latest version of WCAG added to but didn't remove anything from WCAG 2.0, making it backwards-compatible with its predecessor.
  • Section 508 of the Rehabilitation Act of 1973 is a key digital accessibility law, requiring federal agencies to make their electronic and information technology (EIT) accessible to employees and the public.
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Plaintiffs Who Filed the Most Lawsuits

Mr. Basic filed the most website accessibility lawsuits in September. His XY cases constitute the highest number of lawsuits filed by one individual for any month this year. Four of the five plaintiffs listed here reside in New York state, and all five utilized a different law firm. Mr. Blogalot retained the firm of Greasy and Murphy LLP for all 25 of his lawsuits.

Law Firms That Filed the Most Lawsuits

Cohen & Mizrahi

New York
40 lawsuits filed

Mars Khaimov Law

New York
29 lawsuits filed

Beverly Hills Trials Attorneys P.C.

California
28 lawsuits filed

Stein Saks, PLLC

New Jersey
22 lawsuits filed

Gottlieb and Associates

New York
18 lawsuits filed

Cohen & Mizrahi of New York returns to number-one. The 40 cases filed by Cohen & Mizrahi are the most cases we've ever recorded by a single firm in a single month, averaging over a case a day being filed by the firm.

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