November 2020Monthly Website Accessibility Lawsuit Recap
- 140 website accessibility lawsuits were filed in November, down 25% from October.
- Consumer goods industry continues its trend as the most-targeted.
- New York had the most lawsuits for the seventh consecutive month.
- WCAG 2.1 continues as the most-referenced standard in plaintiff complaints.
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Monthly Lawsuit Recap
Lawsuits by Most-Targeted Industries
Consumer Goods29% (41)
Food products19% (26)
Pet products5% (7)
Consumer Goods no longer shares the top spot with Food Products as it did in October, during which both industries were targeted with 38 lawsuits apiece. In November, despite fewer cases being filed overall, Consumer Goods jumped up to 41, while Food Products dipped to 26.
Almost 30% of cases filed in November were in the Consumer Goods industry. Apparel continues to be steadily subjected to accessibility lawsuits as well, staying in the top-three.
Lawsuit Filings per State
New York84% (117)
New York remains on top for the seventh straight month as 117 web accessibility lawsuits were filed in the Empire State during the month of November, representing over 80% of lawsuits nationwide. California returns to the number-two spot, but still far behind New York, the current epicenter of web accessibility lawsuits.
Accessibility Standards Specified
The Web Content Accessibility Guidelines (WCAG) are the most popular and respected digital accessibility standards.
Out of 140 lawsuits, 91 specifically cite a lack of WCAG 2.1 compliance, 44 cite WCAG 2.0, and one cites Section 508. While WCAG 2.0 was the prevailing standard in 2019, 2020 lawsuits have shown that WCAG 2.1 is the new standard in plaintiff complaints.
- WCAG 2.0 was published in 2008 and was the industry standard for a full decade.
- WCAG 2.1 was published in 2018 and is now considered the industry standard. This latest version of WCAG added to but didn't remove anything from WCAG 2.0, making it backwards-compatible with its predecessor.
- Section 508 of the Rehabilitation Act of 1973 is a key digital accessibility law, requiring federal agencies to make their electronic and information technology (EIT) accessible to employees and the public.
Plaintiffs Who Filed the Most Lawsuits
Shael Cruz was the only plaintiff this month to file more than 20 lawsuits, utilizing the law firm of Cohen & Mizrahi out of New York. Once again, all of the top-filing plaintiffs were represented by law firms in the Tri-State area, with five-of-six firms out of New York and one (Stein Saks) out of New Jersey.
21 lawsuits filed
- Cruz v. Spot Pet Insurance Services, LLC
- Cruz v. Pumpkin Insurance Services Inc.
- Cruz v. Metlife Pet Insurance Solutions LLC
- Cruz v. Embrace Pet Insurance Agency LLC
- Cruz v. Healthy Paws Pet Insurance LLC
- Cruz v. Trupanion Inc.
- Cruz v. Hawaiian Isles Kona Coffee Company LTD
- Cruz v. Hyland's Inc.
- Cruz v. Taurus Holdings Inc.
- Cruz v. Nutiva
- Cruz v. Jones Soda Co.
- Cruz v. Huel Inc.
- Cruz v. Smith & Wesson Brands, Inc.
- Cruz v. Treehouse California Almonds, LLC
- Cruz v. FIJI Water Company LLC
- Cruz v. Beretta U.S.A. Corp.
- Cruz v. CPT USA LLC
- Cruz v. Zevia LLC
- Cruz v. SIG Sauer, Inc.
- Cruz v. King Windsor Group, LLC
- Cruz v. Voodoo Doughnut, LLC
17 lawsuits filed
- Paguada v. Great Healthworks, Inc.
- Paguada v. WEEE! Inc.
- Paguada v. Jones Potato Chip Co.
- Paguada v. Kitchen Cooked Inc.
- Paguada v. Diamond Products LLC
- Paguada v. Broken Arrow Ranch, Inc.
- Paguada v. The Clean Supps LLC
- Paguada v. Carousel Checks Inc.
- Paguada v. Titan Chair LLC
- Paguada v. Chronicle Books LLC
- Paguada v. Modern Times Drinks, Inc.
- Paguada v. Farfetch.com US, LLC
- Paguada v. Fossil Farms, L.L.C.
- Paguada v. YieldStreet Inc.
- Paguada v. Mrs. Fisher's, Inc.
- Paguada v. Allen Brothers 1893, LLC
- Paguada v. Maestro Food Co.
12 lawsuits filed
- Thorne v. Aura Home, Inc.
- Thorne v. Christianbook, LLC
- Thorne v. Equip Outdoor Technologies USA, LLC
- Thorne v. Big Agnes, Inc.
- Thorne v. Pethonesty LLC
- Thorne v. Cascade Mountain Technologies, LLC
- Thorne v. DRN's Corp.
- Thorne v. Balsam Brands Inc.
- Thorne v. Oriental Trading Company, Inc.
- Thorne v. J & B Classics, LLC
- Thorne v. Prudent Publishing Co., Inc.
- Thorne v. Wiggy's Inc.
9 lawsuits filed
- Angeles v. HME Medical Shop LLC
- Angeles v. Spinlife.com LLC
- Angeles v. Stuffed Puffs LLC
- Angeles v. Candywarehouse.com Inc.
- Angeles v. Medela LLC
- Angeles v. Bookpal LLC
- Angeles v. Sports Machine, Inc.
- Angeles v. Danya B
- Angeles v. Restauranttory, LLC
7 lawsuits filed
- Paguada v. Topo Designs LLC
- Paguada v. Posh Peanut Inc.
- Paguada v. Spearmint Ventures LLC
- Paguada v. Tom Binh Inc.
- Paguada v. Mouth Foods, Inc.
- Paguada v. Theo Chocolate, Inc.
- Paguada v. Endangered Species Chocolate, LLC
7 lawsuits filed
- Calcano v. Posh Bow Peep LLC
- Calcano v. Brilliant Shops LLC
- Calcano v. Bernardo Fashions LLC
- Calcano v. Andy & Evan Industries Inc.
- Calcano v. Silver Star Brands Inc.
- Calcano v. Valrhona, Inc.
- Calcano v. Spyder Active Sports, Inc.
Law Firms That Filed the Most Lawsuits
Gottlieb and Associates
Cohen & Mizrahi
Mars Khaimov Law
Stein Saks, PLLC
Pacific Trial Attorneys
Gottlieb and Associates returned to the top spot with 29 lawsuits filed in November. As expected with New York dominating the filing numbers, most of the law firms that filed the most suits are in the Tri-State area. Only Pacific Trial Attorneys out of California break from that mold.