December 2023
Monthly Website Accessibility Lawsuit Recap

Key takeaways

  • 139 website accessibility lawsuits were filed in December.
  • Food, Beverage & Tobacco, Consumer Durables & Apparel and Retailing were targeted most.
  • 9 Plaintiffs filed 41% of the month's website accessibility lawsuits.
  • STEIN SAKS, PLLC filed the most complaints in December with 35 lawsuits in New York.
  • Most lawsuits (61%) were filed in New York with California coming in second at 20%
  • We detected that 6% of litigated websites in December are using a Third-party accessibility Overlay tool.

 

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Lawsuits by Most-Targeted Industries

Food, Beverage & Tobacco

 35% (49)

Consumer Durables & Apparel

 30% (42)

Retailing

 8% (12)

Health Care Equipment & Services

 7% (11)

Food & Staples Retailing

 3% (5)

Food, Beverage & Tobacco, Consumer Durables & Apparel and Retailing were targeted most in December with a combined total of 103 lawsuits (thats 74.1%)

Lawsuit Filings Per State

New York State Flag

New York

 61% (86)
California State Flag

California

 20% (29)
Florida State Flag

Florida

 12% (17)
Illinois State Flag

Illinois

 4% (6)
Minnesota State Flag

Minnesota

 <1% (1)
Most lawsuits (61%) were filed in New York with California coming in second at 20%

Third-Party Overlays

We detected that 6% of litigated websites in December are using a Third-party accessibility Overlay tool.

Typically overlays, or widgets, apply a third-party's source code to the existing webpage in an effort to change the user experience by overriding or altering elements of the page. Overlays are often used in-place of manual identification and resolution of accessibility barriers. Because such overlays try to hide underlying accessibility issues, their effectiveness is debated and their use seems to promote the idea that website operators need not concern themselves with the accessibility of their webpages. There has been an increase in the number of lawsuits against websites that use third-party overlays.

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Plaintiffs Who Filed the Most Lawsuits

ALI COLAK is the most litigious website accessibility plaintiff, filing 9 lawsuits in December.

ALI COLAK

9 lawsuits filed

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  • COLAK v. WINO(T), INC.
  • COLAK v. SOKU RESTAURANT, INC.
  • COLAK v. NATURAL BODY, INC.
  • COLAK v. N.Y. WINE STORE, INC.
  • COLAK v. KOKO WINES, INC.
  • COLAK v. INNASENSE DESIGNS, INC.
  • COLAK v. FRANK AND SAL, LLC
  • COLAK v. BIG NOSE FULL BODY, LLC
  • COLAK v. AWESOME BROOKLYN, LLC

PERLA MAGENO

8 lawsuits filed

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  • MAGENO v. ZAIT CORP
  • MAGENO v. U TSO SWEET
  • MAGENO v. PHO HA, INC
  • MAGENO v. MT. OLIVE FAMILY ENTERPRISES, INC.
  • MAGENO v. JOYFUL CREEK CORPORATION
  • MAGENO v. G & P HOSPITALITY, LLC
  • MAGENO v. CHUBBY CATTLE ROSEMEAD LLC
  • MAGENO v. BROILER EXPRESS, INC.

COLETTE STROUDE

8 lawsuits filed

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  • STROUDE v. UNIVERSAL STANDARD, INC.
  • STROUDE v. THOMAS J. MCADAM LIQUORS, INC.
  • STROUDE v. THE SLOPE GROUP, LLC
  • STROUDE v. THE DERMATOLOGY LASER GROUP, PLLC
  • STROUDE v. TABLE 87, FROZEN, LLC
  • STROUDE v. JADE EATERY & LOUNGE, LLC
  • STROUDE v. IL BACCO RISTORANTE, INC.
  • STROUDE v. HOWARD D. SOBEL, M.D., P.C.

JESSICA KARIM

7 lawsuits filed

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  • KARIM v. The Sock Drawer, Inc.
  • KARIM v. Ozone Design, Inc.
  • KARIM v. Macs Designs, LLC
  • KARIM v. Immuneschein, LLC
  • KARIM v. Church & Dwight Co., Inc.
  • KARIM v. Bloomsy Box.com, LLC
  • KARIM v. Barbara's Cookie Pies, LLC

TIMOTHY HERNANDEZ

6 lawsuits filed

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  • HERNANDEZ v. SAVVY BISTRO AND BAR, INC.
  • HERNANDEZ v. RED HOOK TAVERN, LLC
  • HERNANDEZ v. NICK’S LIVE LOBSTERS, INC.
  • HERNANDEZ v. MAKIE MARKETING, INC.
  • HERNANDEZ v. HIP HOP CLOSET, INC.
  • HERNANDEZ v. FRANCO’S FASHION, INC.

Law Firms That Filed the Most Lawsuits

STEIN SAKS, PLLC

New York
35 lawsuits filed

MARS KHAIMOV LAW, PLLC

New York
15 lawsuits filed

GABRIEL A. LEVY, P.C.

New York
14 lawsuits filed

MANNING LAW, APC

California
13 lawsuits filed

PACIFIC TRIAL ATTORNEYS, APC

California
12 lawsuits filed

STEIN SAKS, PLLC filed the most complaints in December with 35 lawsuits in New York. MARS KHAIMOV LAW, PLLC came in second place with 15 filings in New York.

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