February 2024
Monthly Website Accessibility Lawsuit Recap

Key takeaways

  • 132 website accessibility lawsuits were filed in February.
  • Food, Beverage & Tobacco, Consumer Durables & Apparel and Retailing were targeted most.
  • 7 Plaintiffs filed 42% of the month's website accessibility lawsuits.
  • STEIN SAKS, PLLC filed the most complaints in February with 32 lawsuits in New York.
  • Most lawsuits (62%) were filed in New York with California coming in second at 19%
  • We detected that 9% of litigated websites in February are using a Third-party accessibility Overlay tool.

 

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Lawsuits by Most-Targeted Industries

Food, Beverage & Tobacco

28% (37)

Consumer Durables & Apparel

27% (36)

Retailing

19% (26)

Consumer Services

7% (10)
food-retail-staples

Food & Staples Retailing

6% (8)

Food, Beverage & Tobacco, Consumer Durables & Apparel and Retailing were targeted most in February with a combined total of 99 lawsuits (thats 75%)

Lawsuit Filings Per State

New York State Flag

New York

62% (83)
California State Flag

California

19% (26)
Florida State Flag

Florida

13% (18)
Illinois State Flag

Illinois

3% (4)
Michigan State Flag

Michigan

<1% (1)
Most lawsuits (62%) were filed in New York with California coming in second at 19%

Third-Party Overlays

We detected that 9% 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 12 lawsuits in February.

ANDREW TORO

12 lawsuits filed

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  • TORO v. Tropical Cheese Industries, Inc.
  • TORO v. Thesy, LLC
  • TORO v. The Whitney Connection, LLC
  • TORO v. Strangecat, LLC
  • TORO v. Peter Thomas Roth Labs, LLC
  • TORO v. Parodi Holdings, LLC
  • TORO v. Odin Parker, LLC
  • TORO v. Massimo Zanetti Beverage USA, Inc.
  • TORO v. Magness NYC, Inc.
  • TORO v. Fairytale Brownies, Inc.
  • TORO v. Brooklyn Tailors, LLC
  • TORO v. 1st Class Cigar Humidors, Inc.

PERLA MAGENO

10 lawsuits filed

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  • MAGENO v. TEA O-LA, INC.
  • MAGENO v. TACOS BAJA, INC.
  • MAGENO v. STEREOSCOPE COFFEE CO.
  • MAGENO v. SARKIS PASTRY PLAZA LLC
  • MAGENO v. KRISTOS COFFEE LLC
  • MAGENO v. GAGGLE’S INC.
  • MAGENO v. FIT SIPS LLC
  • MAGENO v. EIGHTFOLD COFFEE INC.
  • MAGENO v. COCOBELLA CREAMERY LLC
  • MAGENO v. BG2-LA, L.P.

SILVIA MARTINEZ

8 lawsuits filed

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  • MARTINEZ v. ROBINSON WINE AND SPIRITS, LLC
  • MARTINEZ v. PASTELES CAPY, LLC
  • MARTINEZ v. L’ANTICA PIZZERIA DA MICHELE NYC, LLC
  • MARTINEZ v. FLIPPER’S US, LLC
  • MARTINEZ v. FIFTYONE MERCHANTS, LLC
  • MARTINEZ v. EMPIRE PHYSICAL THERAPY & ATHLETIC REHABILITATION, P.C.
  • MARTINEZ v. ELIE SAAB NY, LLC
  • MARTINEZ v. ALLURE DERMATOLOGY, PLLC

KEVIN BEAUCHAMP

8 lawsuits filed

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  • BEAUCHAMP v. Usa Dog Shop, LLC
  • BEAUCHAMP v. The Poisoned Pen, A Mystery Bookstore, Ltd.
  • BEAUCHAMP v. Pet Goods, Inc.
  • BEAUCHAMP v. Nlc Products, Inc
  • BEAUCHAMP v. Natpets, LLC
  • BEAUCHAMP v. Multi-Man Publishing, LLC
  • BEAUCHAMP v. Kuranda USA, Inc.
  • BEAUCHAMP v. Huggle Group, LLC

ALI COLAK

8 lawsuits filed

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  • COLAK v. SYNDICATED BAR & THEATER, LLC
  • COLAK v. STPGOODS, INC.
  • COLAK v. SAHADI’S, LLC
  • COLAK v. S & G HOTEL CORP.
  • COLAK v. RBW STUDIO, LLC
  • COLAK v. R & S ARMY-NAVY STORE, INC.
  • COLAK v. R & A CYCLES, INC.
  • COLAK v. MARU SPORTS, INC.

Law Firms That Filed the Most Lawsuits

STEIN SAKS, PLLC

New York
32 lawsuits filed

MARS KHAIMOV LAW, PLLC

New York
30 lawsuits filed

MANNING LAW, APC

California
18 lawsuits filed

RODERICK V. HANNAH, ESQ., P.A.

Florida
9 lawsuits filed

PACIFIC TRIAL ATTORNEYS, APC

California
8 lawsuits filed

STEIN SAKS, PLLC filed the most complaints in February with 32 lawsuits in New York. MARS KHAIMOV LAW, PLLC came in second place with 30 filings in New York.

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