May 2023
Monthly Website Accessibility Lawsuit Recap

Key takeaways

  • 174 website accessibility lawsuits were filed in May.
  • Consumer Durables & Apparel, Food, Beverage & Tobacco and Retailing were targeted most.
  • 7 Plaintiffs filed 41% of the month's website accessibility lawsuits.
  • MARS KHAIMOV LAW, PLLC filed the most complaints in May with 48 lawsuits in New York.
  • Most lawsuits (70%) were filed in New York with California coming in second at 20%
  • We detected that 17% of litigated websites in May are using a Third-party accessibility Overlay tool.

 

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Lawsuits by Most-Targeted Industries

Consumer Durables & Apparel

 28% (49)

Food, Beverage & Tobacco

 25% (45)

Retailing

 10% (18)

Health Care Equipment & Services

 7% (13)

Consumer Discretionary

 5% (10)

Consumer Durables & Apparel, Food, Beverage & Tobacco and Retailing were targeted most in May with a combined total of 112 lawsuits (thats 64.36%)

Lawsuit Filings Per State

New York State Flag

New York

 70% (122)
California State Flag

California

 20% (36)
Florida State Flag

Florida

 5% (9)
New Jersey State Flag

New Jersey

 1% (2)
Pennsylvania State Flag

Pennsylvania

 <1% (1)
Most lawsuits (70%) were filed in New York with California coming in second at 20%

Third-Party Overlays

We detected that 17% of litigated websites in May 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

PERLA MAGENO is the most litigious website accessibility plaintiff, filing 14 lawsuits in May.

PERLA MAGENO

14 lawsuits filed

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  • MAGENO v. TURN DOUGH, LLC
  • MAGENO v. SUEHIRO CAFÉ, INC.
  • MAGENO v. SRIHARMAN GROUP INC
  • MAGENO v. ROSE CITY PIZZA ENTERPRISE, INC.
  • MAGENO v. PINATA DISTRICT, INC.
  • MAGENO v. PAPI TACOS & CHURROS 3 INC
  • MAGENO v. KUSINA FILIPINA LLC
  • MAGENO v. KITCHEN MOUSE, LLC
  • MAGENO v. KENS BBQ INC
  • MAGENO v. JENI’S SPLENDID ICE CREAMS, LLC
  • MAGENO v. FLAVOR OF INDIA ENTERPRISES, INC.
  • MAGENO v. DTLA PSP LLC
  • MAGENO v. DONA MIREYA, INC.
  • MAGENO v. CUBE INNOVATION INC.

LUIS TORO

14 lawsuits filed

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  • TORO v. X Mondo Hair, LLC
  • TORO v. The Pic20 Group, LLC
  • TORO v. Service Lighting and Electrical Supplies, Inc.
  • TORO v. L & M Footwear, Inc.
  • TORO v. Irish Traditions, LLC
  • TORO v. Heimie’s Haberdashery, Inc.
  • TORO v. Friedman’s Shoes, Inc.
  • TORO v. French Bull, LLC
  • TORO v. Emerson's Shoes, Inc.
  • TORO v. Cowtown Boot Company
  • TORO v. Classical Insights, LLC
  • TORO v. Candyland, Inc.
  • TORO v. BigShoes.com, Inc.
  • TORO v. August Schell Brewing Company

LAMAR BROWN

10 lawsuits filed

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  • BROWN v. Whisked, Inc.
  • BROWN v. The Rockport Company, LLC
  • BROWN v. The Kansas City BBQ Store, LLC
  • BROWN v. Reptiles Lounge, LLC
  • BROWN v. Rancho Gordo, Inc.
  • BROWN v. Palace Industries Public Benefit Corporation
  • BROWN v. Once Upon a Tee, LLC
  • BROWN v. Hodinkee, Inc.
  • BROWN v. Church & Dwight Co, Inc.
  • BROWN v. American Spoon Foods, Inc.

JENNY HWANG

10 lawsuits filed

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  • HWANG v. Tibi, LLC
  • HWANG v. Revolution Hospitality, LLC
  • HWANG v. Medical Management of Chicago, LLC
  • HWANG v. Maamoul Shop, LLC
  • HWANG v. Julia Testa, LLC
  • HWANG v. Flower Girl NYC, LLC
  • HWANG v. Flatiron Wines, Inc.
  • HWANG v. Bombay House Hospitality, LLC
  • HWANG v. Blue Ribbon IP, LLC
  • HWANG v. Azmere USA, Inc.

RUSTY RENDON

9 lawsuits filed

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  • RENDON v. TRIPLE BEAM PIZZA
  • RENDON v. THE REEL INN CORPORATION
  • RENDON v. RIM PACIFIC INVESTORS MISSION GARDEN, LLC
  • RENDON v. PHILIPPE THE ORIGINAL, LLC
  • RENDON v. MALIBU FARM LLC
  • RENDON v. FISH GRILL, LLC
  • RENDON v. CENTERPOINTE AT MARKET LP
  • RENDON v. CALIFORNIA BEACH RESTAURANTS, INC.
  • RENDON v. 10/40 WINDOW, INC.

Law Firms That Filed the Most Lawsuits

MARS KHAIMOV LAW, PLLC

New York
48 lawsuits filed

STEIN SAKS, PLLC

New York
37 lawsuits filed

MANNING LAW, APC

California
20 lawsuits filed

PACIFIC TRIAL ATTORNEYS, APC

California
16 lawsuits filed

SHAKED LAW GROUP, P.C.

New York
9 lawsuits filed

MARS KHAIMOV LAW, PLLC filed the most complaints in May with 48 lawsuits in New York. STEIN SAKS, PLLC came in second place with 37 filings in New York.

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