January 2023
Monthly Website Accessibility Lawsuit Recap

Key takeaways

  • 173 website accessibility lawsuits were filed in January.
  • Consumer Discretionary, Consumer Staples and Health Care Equipment & Services were targeted most.
  • 7 Plaintiffs filed 41% of the month's website accessibility lawsuits.
  • MIZRAHI KROUB LLP filed the most complaints in January with 41 lawsuits in New York.
  • Most lawsuits (78%) were filed in New York with California coming in second at 19%
  • We detected that 23% of litigated websites in January are using a Third-party accessibility Overlay tool.

 

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Lawsuits by Most-Targeted Industries

Consumer Discretionary

 16% (28)

Consumer Staples

 15% (27)

Health Care Equipment & Services

 12% (22)

Consumer Durables & Apparel

 11% (20)

Retailing

 8% (15)

Consumer Discretionary, Consumer Staples and Health Care Equipment & Services were targeted most in January with a combined total of 77 lawsuits (thats 44.51%)

Lawsuit Filings Per State

New York State Flag

New York

 78% (135)
California State Flag

California

 19% (33)
Florida State Flag

Florida

 2% (5)
Most lawsuits (78%) were filed in New York with California coming in second at 19%

Third-Party Overlays

We detected that 23% of litigated websites in January 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

DANIEL RODRIGUEZ is the most litigious website accessibility plaintiff, filing 17 lawsuits in January.

DANIEL RODRIGUEZ

17 lawsuits filed

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  • RODRIGUEZ v. TOMBOLO, LLC
  • RODRIGUEZ v. TISHMAN SPEYER PROPERTIES, L.P.
  • RODRIGUEZ v. THE ORIGINAL HOMESTEAD RESTAURANT, INC.
  • RODRIGUEZ v. SOULCYCLE, INC.
  • RODRIGUEZ v. NYREV, INC.
  • RODRIGUEZ v. LO AND SONS, INC.
  • RODRIGUEZ v. LIVANOS RESTAURANT, INC.
  • RODRIGUEZ v. LIFETIME BRANDS, INC.
  • RODRIGUEZ v. J & L GAME, INC.
  • RODRIGUEZ v. HARBOR FITNESS CENTER, INC.
  • RODRIGUEZ v. COREPOWER YOGA, LLC
  • RODRIGUEZ v. BARRIO CHINO, LLC
  • RODRIGUEZ v. AUDIO46, LLC
  • RODRIGUEZ v. ASSEMBLY PRODUCTION, INC.
  • RODRIGUEZ v. ANIMA MUNDI HERBALS, LLC
  • RODRIGUEZ v. ACE DATA GROUP, LLC
  • RODRIGUEZ v. ABSOLUTE HOT NEW YORK CORP.

JAMES MURPHY

11 lawsuits filed

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  • MURPHY v. THE NOTRE DAME COLLEGE
  • MURPHY v. THE METHODIST UNIVERSITY, INC.
  • MURPHY v. SPRING HILL COLLEGE
  • MURPHY v. RIVIER UNIVERSITY
  • MURPHY v. QUEENS UNIVERSITY OF CHARLOTTE
  • MURPHY v. NOTRE DAME OF MARYLAND UNIVERSITY, INC.
  • MURPHY v. KING UNIVERSITY
  • MURPHY v. COLUMBIA SOUTHERN UNIVERSITY, INC.
  • MURPHY v. CARLOW UNIVERSITY
  • MURPHY v. BENEDICTINE UNIVERSITY
  • MURPHY v. BAKER COLLEGE

PERLA MAGENO

9 lawsuits filed

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  • MAGENO v. VIRIDIAN VIAND INC.
  • MAGENO v. OJIYA CORPORATION
  • MAGENO v. MY VEGAN PASADENA, INC.
  • MAGENO v. JBH ENTERPRISES, INC
  • MAGENO v. HONEY’S KETTLE FRIED CHICKEN, LLC
  • MAGENO v. FIXINS SOUL KITCHEN, LOS ANGELES LLC
  • MAGENO v. EAGLE ROCK CREAMERY LLC
  • MAGENO v. BCIP LLC
  • MAGENO v. ASADERO CHIKALI LLC

BRYAN VELAZQUEZ

9 lawsuits filed

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  • VELAZQUEZ v. THE WIZARD’S CHEST, INC.
  • VELAZQUEZ v. TAKEOFF GROUP, LLC
  • VELAZQUEZ v. SNIP-ITS FRANCHISE COMPANY, LLC
  • VELAZQUEZ v. SAVORY SPICE SHOP, LLC
  • VELAZQUEZ v. HUSSONG MANUFACTURING CO., INC.
  • VELAZQUEZ v. ELDER DEPOT, INC.
  • VELAZQUEZ v. DOG IS GOOD, LLC
  • VELAZQUEZ v. CIGARS DIRECT, INC.
  • VELAZQUEZ v. BREAKINGT, LLC

ANDREW TORO

9 lawsuits filed

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  • TORO v. Vision Investments, LLC
  • TORO v. K. C. Co., Ltd.
  • TORO v. Funky Chunky, LLC
  • TORO v. Blank Shirts, Inc.
  • TORO v. Bajío, Inc.
  • TORO v. Badcock’s Economy Furniture Store, Inc.
  • TORO v. Awesome Diecast, LLC
  • TORO v. Atwood Distributing, L.P.
  • TORO v. Ameziel, Inc.

Law Firms That Filed the Most Lawsuits

MIZRAHI KROUB LLP

New York
41 lawsuits filed

STEIN SAKS, PLLC

New York
30 lawsuits filed

MARS KHAIMOV LAW, PLLC

New York
27 lawsuits filed

GOTTLIEB & ASSOCIATES

New York
20 lawsuits filed

MANNING LAW, APC

California
19 lawsuits filed

MIZRAHI KROUB LLP filed the most complaints in January with 41 lawsuits in New York. STEIN SAKS, PLLC came in second place with 30 filings in New York.

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