February 2023
Monthly Website Accessibility Lawsuit Recap

Key takeaways

  • 181 website accessibility lawsuits were filed in February.
  • Consumer Discretionary, Consumer Staples and Consumer Durables & Apparel were targeted most.
  • 7 Plaintiffs filed 44% of the month's website accessibility lawsuits.
  • MARS KHAIMOV LAW, PLLC filed the most complaints in February with 47 lawsuits in New York.
  • Most lawsuits (86%) were filed in New York
  • We detected that 17% of litigated websites in February are using a Third-party accessibility Overlay tool.

 

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Lawsuits by Most-Targeted Industries

Consumer Discretionary

 24% (44)

Consumer Staples

 20% (37)

Consumer Durables & Apparel

 14% (27)

Food, Beverage & Tobacco

 11% (21)

Retailing

 6% (11)

Consumer Discretionary, Consumer Staples and Consumer Durables & Apparel were targeted most in February with a combined total of 108 lawsuits (thats 59.67%)

Lawsuit Filings Per State

New York State Flag

New York

 86% (156)
California State Flag

California

 9% (17)
Florida State Flag

Florida

 2% (5)
North Carolina State Flag

North Carolina

 <1% (1)
New Jersey State Flag

New Jersey

 <1% (1)
Most lawsuits (86%) were filed in New York

Third-Party Overlays

We detected that 17% of litigated websites in February 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

ANDREW TORO is the most litigious website accessibility plaintiff, filing 15 lawsuits in February.

ANDREW TORO

15 lawsuits filed

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  • TORO v. Whirlpool Corporation
  • TORO v. WardMaps, LLC
  • TORO v. Soccer Wearhouse, Inc.
  • TORO v. Rosner’s, Inc.
  • TORO v. Reliable Parts, Inc.
  • TORO v. Quake LED, LLC
  • TORO v. My Bait Shop, LLC
  • TORO v. Medicomm, Inc.
  • TORO v. Kagan Professional Development, Inc.
  • TORO v. Integrative Psychiatry, Inc.
  • TORO v. Fotile America, LLC
  • TORO v. Fine’s Gas Appliances, Inc.
  • TORO v. Dixie Belle Paint Company, LLC
  • TORO v. Decor Steals, LLC
  • TORO v. Barn Furniture Mart, Inc.

RAFAEL CORDERO

12 lawsuits filed

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  • CORDERO v. THE ALMA FOOD GROUP, LLC
  • CORDERO v. ROBERT GIACOMINI DAIRY, INC.
  • CORDERO v. PHARMACEUTICAL SPECIALTIES, INC.
  • CORDERO v. OPOPOP, INC.
  • CORDERO v. NICASIO VALLEY CHEESE CO., INC.
  • CORDERO v. Lake Champlain Chocolates
  • CORDERO v. KNIPSCHILDT / CHOCOPOLOGIE WORLDWIDE, LLC
  • CORDERO v. GINGER ELIZABETH CHOCOLATES, INC.
  • CORDERO v. BOTTLEROCKET WINE & SPIRIT, LLC
  • CORDERO v. BLIS, LLC
  • CORDERO v. BELLE TOFFEE, LLC
  • CORDERO v. BEEHIVE CHEESE COMPANY, LLC

LAMAR BROWN

12 lawsuits filed

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  • BROWN v. The Mick’s in Cooperstown, Inc.
  • BROWN v. The Christmas Mouse, Inc.
  • BROWN v. Stonewall Kitchen, LLC
  • BROWN v. Play The Game, Read The Story, LLC
  • BROWN v. Our Own Candle Company, Inc.
  • BROWN v. New Hampshire Bowl & Board, LLC
  • BROWN v. Island Jay, Inc.
  • BROWN v. Fruth Pharmacy, Inc.
  • BROWN v. Dartmouth Co-operative Society, Inc.
  • BROWN v. Cultural Elements, Inc.
  • BROWN v. Braidwood’s, LLC
  • BROWN v. A.W. Faber-Castell USA, Inc.

JASMINE TORO

12 lawsuits filed

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  • TORO v. Organized Living, Inc.
  • TORO v. Metal Creations, Inc.
  • TORO v. James Avery Craftsman, Inc.
  • TORO v. J.L. Hufford Coffee & Tea Company
  • TORO v. Give-r LLC
  • TORO v. Extreme Glow NA Corporation
  • TORO v. Drone Nerds, Inc.
  • TORO v. Decker and Sons, Inc.
  • TORO v. Country Living Primitives, LLC
  • TORO v. Cake Art, Inc.
  • TORO v. Blue Sky Environments, Inc.
  • TORO v. Beyond Global, Corp.

DANIEL RODRIGUEZ

12 lawsuits filed

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  • RODRIGUEZ v. THE NOHBLE ONES, INC.
  • RODRIGUEZ v. SA HOSPITALITY, LLC
  • RODRIGUEZ v. ROLL & HILL, LLC
  • RODRIGUEZ v. NUHA JEWELERS INC.
  • RODRIGUEZ v. MOE SPORTS, INC.
  • RODRIGUEZ v. JOHN FLUEVOG SHOES LTD.
  • RODRIGUEZ v. JOHN DERIAN COMPANY, INC.
  • RODRIGUEZ v. II BISONTE USA, INC. D/B/A II BISONTE
  • RODRIGUEZ v. HAT CLUB, LLC.
  • RODRIGUEZ v. BLACKBIRDS BROOKLYN, LLC
  • RODRIGUEZ v. B BOYS, INC.
  • RODRIGUEZ v. A.F. SUPPLY CORP.

Law Firms That Filed the Most Lawsuits

MARS KHAIMOV LAW, PLLC

New York
47 lawsuits filed

STEIN SAKS, PLLC

New York
43 lawsuits filed

MIZRAHI KROUB LLP

New York
32 lawsuits filed

MANNING LAW, APC

California
16 lawsuits filed

GOTTLIEB & ASSOCIATES

New York
11 lawsuits filed

MARS KHAIMOV LAW, PLLC filed the most complaints in February with 47 lawsuits in New York. STEIN SAKS, PLLC came in second place with 43 filings in New York.

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