March 2023
Monthly Website Accessibility Lawsuit Recap

Key takeaways

  • 240 website accessibility lawsuits were filed in March.
  • Consumer Discretionary, Food, Beverage & Tobacco and Consumer Durables & Apparel were targeted most.
  • 9 Plaintiffs filed 42% of the month's website accessibility lawsuits.
  • MARS KHAIMOV LAW, PLLC filed the most complaints in March with 67 lawsuits in New York.
  • Most lawsuits (76%) were filed in New York with California coming in second at 16%
  • We detected that 15% of litigated websites in March are using a Third-party accessibility Overlay tool.

 

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Lawsuits by Most-Targeted Industries

Consumer Discretionary

 20% (50)

Food, Beverage & Tobacco

 17% (41)

Consumer Durables & Apparel

 15% (37)

Consumer Staples

 15% (37)

Retailing

 9% (22)

Consumer Discretionary, Food, Beverage & Tobacco and Consumer Durables & Apparel were targeted most in March with a combined total of 128 lawsuits (thats 53.33%)

Lawsuit Filings Per State

New York State Flag

New York

 76% (184)
California State Flag

California

 16% (40)
Florida State Flag

Florida

 5% (12)
New Jersey State Flag

New Jersey

 1% (4)
Most lawsuits (76%) were filed in New York with California coming in second at 16%

Third-Party Overlays

We detected that 15% of litigated websites in March 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

JENNY HWANG is the most litigious website accessibility plaintiff, filing 15 lawsuits in March.

JENNY HWANG

15 lawsuits filed

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  • HWANG v. Yumiko USA, LLC
  • HWANG v. Yorkshire Wines & Spirits, Inc.
  • HWANG v. The Skin Spa - Midtown, LLC
  • HWANG v. S. Feldman Housewares, Inc.
  • HWANG v. MRK Fine Arts, LLC
  • HWANG v. Little Pie Company, Ltd.
  • HWANG v. Gavriel's Jewelry, Inc.
  • HWANG v. Fascinating Facets, Inc.
  • HWANG v. Evolution Nature Corp.
  • HWANG v. Burger Keeper, LLC
  • HWANG v. Bogner Direct US, LLC
  • HWANG v. Benefit Cosmetics, LLC
  • HWANG v. Bee Line Style Corporation
  • HWANG v. B & H Foto & Electronics Corp.
  • HWANG v. All That She Wants, LLC

LUIS TORO

14 lawsuits filed

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  • TORO v. U.S. Toy Co., Inc.
  • TORO v. TPIP, LLC
  • TORO v. T.D. Brooks, Inc.
  • TORO v. RNK Innovations, LLC
  • TORO v. Mya Saray, LLC
  • TORO v. Kaenon, LLC
  • TORO v. Hat World, Inc.
  • TORO v. Do It Yourself Pest Control, Inc.
  • TORO v. D&B Tile and Related Enterprises, Inc.
  • TORO v. Cornhole Worldwide, LLC
  • TORO v. Apria Healthcare, LLC
  • TORO v. American Car Craft, LLC
  • TORO v. Allcases, Reekstin & Associates, Inc.
  • TORO v. 1-World Globes & Maps, LLC

PERLA MAGENO

13 lawsuits filed

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  • MAGENO v. WILSON PITRUZZELLI INVESTMENTS LLC
  • MAGENO v. VAN LEEUWEN ICE CREAM LLC
  • MAGENO v. TUMBY’S PIZZA EXPRESS INC.
  • MAGENO v. TONY’S BARBECUE, INC.
  • MAGENO v. TAYLOR’S STEAK HOUSE INCORPORATED
  • MAGENO v. SONORITAS, LLC
  • MAGENO v. RAMEN HUB USA, INC.
  • MAGENO v. MARISCOS MI LINDO NAYARIT, INC.
  • MAGENO v. JAPANESE FOOD, INC.
  • MAGENO v. J. CREW GROUP, LLC
  • MAGENO v. FRESH AND MEATY BURGERS CARSON, INC.
  • MAGENO v. BRISTOL EQUITY PARTNERS, L.P.
  • MAGENO v. BOBA FIEND INC.

JANELYS HERNANDEZ

12 lawsuits filed

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  • HERNANDEZ v. WDI International, Inc.
  • HERNANDEZ v. The Town Shop. Inc.
  • HERNANDEZ v. Silly Farm Supplies, Inc.
  • HERNANDEZ v. Savoir Beds USA, LLC
  • HERNANDEZ v. Safavieh, Inc.
  • HERNANDEZ v. Nooworks, LLC
  • HERNANDEZ v. Glamorise Foundations, Inc.
  • HERNANDEZ v. BNT Furniture, Inc.
  • HERNANDEZ v. Big Red Shop, Inc.
  • HERNANDEZ v. Barreiro Interests, Inc.
  • HERNANDEZ v. B.C. Hats, Inc.
  • HERNANDEZ v. Amsoil, Inc.

ANDREW TORO

12 lawsuits filed

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  • TORO v. Zenobia Company, LLC
  • TORO v. World Rugby Shop, LLC
  • TORO v. Willow Hill Supply, LLC
  • TORO v. The Topato Corporation
  • TORO v. St. Croix of Park Falls, Ltd.
  • TORO v. Miss Babs Hand-Dyed Yarns & Fibers, Inc.
  • TORO v. Heartbreaker Guitars Limited, LLC,
  • TORO v. Fright-Rags, Inc.
  • TORO v. Folkwear, LLC
  • TORO v. Blue Label Apparel, LLC
  • TORO v. Black Sheep Enterprise, Inc.
  • TORO v. Big Apple Collectibles Corp.

Law Firms That Filed the Most Lawsuits

MARS KHAIMOV LAW, PLLC

New York
67 lawsuits filed

STEIN SAKS, PLLC

New York
46 lawsuits filed

THE LAW OFFICE OF NOOR A. SAAB, ESQ.

New York
26 lawsuits filed

PACIFIC TRIAL ATTORNEYS, APC

California
22 lawsuits filed

MIZRAHI KROUB LLP

New York
17 lawsuits filed

MARS KHAIMOV LAW, PLLC filed the most complaints in March with 67 lawsuits in New York. STEIN SAKS, PLLC came in second place with 46 filings in New York.

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