October 2020Monthly Website Accessibility Lawsuit Recap
- 190 website accessibility lawsuits were filed in October, down 10% from September.
- Food products and consumer goods industries were the most-targeted.
- New York had more lawsuits than any state has in any month before.
- WCAG 2.1 continues as the most-referenced standard in plaintiff complaints.
Stay up to date with our
Monthly Lawsuit Recap
Lawsuits by Most-Targeted Industries
Consumer Goods20% (38)
Food products20% (38)
Leisure products7% (14)
Consumer Goods has been the most-targeted industry by far over the last few months, but in October the Food Products industry had just as many lawsuits with 38. The 38 suits for Food Products is more than double its previous high.
Apparel slides out of the top-two for the first time ever — although its 31 cases are higher than last month's 28.
Lawsuit Filings per State
New York72% (138)
New York continues to see the highest number of lawsuits, now for the sixth straight month. The 138 cases filed in New York in October is an all-time monthly record for any state and accounted for over 70% of all cases filed.
Florida knocked California out of the top-two for the first time since August 2019. The 25 cases in Florida in October marked the highest tally Florida reached for any single month this year.
Accessibility Standards Specified
The Web Content Accessibility Guidelines (WCAG) are the most popular and respected digital accessibility standards.
Out of 190 lawsuits, 130 specifically cite a lack of WCAG 2.1 compliance and 70 cite WCAG 2.0. 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.
Plaintiffs Who Filed the Most Lawsuits
For the second time in as many months, Josue Romero was the plaintiff who filed the most website accessibility lawsuits. The 34 filed by Mr. Romero in October constitute the highest number of lawsuits filed by one individual for any month this year and were almost 10 more than he filed last month, which was the previous monthly high. All of the six top-filing plaintiffs reside in the Tri-State area as they are all from New York or New Jersey.
34 lawsuits filed
- Romero v. KLN Enterprises Inc.
- Romero v. The Great Lakes Potato Chip Company LLC
- Romero v. Carolina Select Brands LLC
- Romero v. Araca Merchandise L.P.
- Romero v. Electronic Express Inc.
- Romero v. The Spice & Tea Exchange Holdings LLC
- Romero v. Hasselblad Inc.
- Romero v. First International Health Foods LTD.
- Romero v. Perfumes.com Inc.
- Romero v. Blue Diamond Growers
- Romero v. Campmor Inc.
- Romero v. H-E-B LP
- Romero v. Cafe Britt Company
- Romero v. Formaggio Kitchen on Line LLC
- Romero v. Sterzing Food Company
- Romero v. Market House Meats
- Romero v. ePromos Promotional Products LLC
- Romero v. Route 11 Potato Chips LLC
- Romero v. Ballreich Snack Food Company LLC
- Romero v. Better Made Snack Foods Incorporated
- Romero v. Nikon Inc.
- Romero v. Sigma Corporation of America
- Romero v. World Wrestling Entertainment Inc.
- Romero v. Barbell Apparel L.L.C.
- Romero v. Early Autumn Inc.
- Romero v. Pro Athlete Inc.
- Romero v. The Golf Warehouse LLC
- Romero v. Mushie & Co LLC
- Romero v. Wells Enterprises Inc.
- Romero v. Wise Innovations Inc.
- Romero v. Wegmans Food Markets
- Romero v. Unifmoney Inc.
- Romero v. Jio Inc.
- Romero v. New Rochelle Liquors LLC
17 lawsuits filed
- Paguada v. Mike-Sell's Potato Chip Co.
- Paguada v. LesserEvil LLC
- Paguada v. Nick's LLC
- Paguada v. Oatly Inc.
- Paguada v. Califia Farms LLC
- Paguada v. Martins Potato Chips Inc.
- Paguada v. Mister Bee Potato Chip Company
- Paguada v. KwikCash Inc.
- Paguada v. W. Atlee Burpee Company
- Paguada v. Centric Denim USA LLC
- Paguada v. Barnes & Noble Booksellers Inc.
- Paguada v. Indiana Botanic Gardens Inc.
- Paguada v. FYF-Eve's LLC
- Paguada v. Wolverine World Wide Inc
- Paguada v. Birthday In A Box LLC
- Paguada v. Brahmin Leather Works Inc.
- Paguada v. Flowers Today Inc.
16 lawsuits filed
- Angeles v. Sogno Toscano Tuscan Dream Inc.
- Angeles v. Rastelli Foods DTC LLC
- Angeles v. Bahama Buck's Fanchise Corporation
- Angeles v. Bjorn's Stereo Designs Inc.
- Angeles v. BW Equity LLC
- Angeles v. Underground Enterprises Inc.
- Angeles v. Michael Aram Inc.
- Angeles v. Dieffenbach's Potato Chips Inc.
- Angeles v. Mexgrocer.com LLC
- Angeles v. Bike Bandit LLC
- Angeles v. Peter Millar LLC
- Angeles v. Molly Malone's Boutique LLC
- Angeles v. Scrubs & Beyond LLC
- Angeles v. Shildan Texere LLC
- Angeles v. Onward Capital LLC
- Angeles v. The Shade Store LLC
15 lawsuits filed
- Hedges v. Samford University
- Hedges v. University Of La Verne
- Hedges v. Vanguard University Of Southern California
- Hedges v. Anna Maria College
- Hedges v. Saint Francis University
- Hedges v. Biola University Inc.
- Hedges v. Brenau University Inc.
- Hedges v. City University Of Seattle
- Hedges v. Weston Distance Learning Inc.
- Hedges v. William Howard Taft University
- Hedges v. Bryan University LLC
- Hedges v. Clafin University
- Hedges v. Abilene Christian University
- Hedges v. Murrays Cheese LLC
- Hedges v. Alamo Music Center Inc.
11 lawsuits filed
- Monegro v. Ranger Industries Inc.
- Monegro v. Asia Pacific Grocers LLC
- Monegro v. Albanese Confectionery Group Inc.
- Monegro v. JC Commerce
- Monegro v. Hamilton Beach Brands Inc.
- Monegro v. Telebrands Corp.
- Monegro v. Croscill Home LLC
- Monegro v. Air Turn Inc.
- Monegro v. Ann Arbor Bivouac Inc.
- Monegro v. Bradshaw International Inc.
- Monegro v. Greenvale Liquors Inc.
11 lawsuits filed
- Paguada v. The Billy Goat Chip Company LLC
- Paguada v. Chocolate Chocolate Chocolate Company
- Paguada v. Weaver Nut Company Inc.
- Paguada v. Mo Hotta - Mo Betta Inc.
- Paguada v. Old Vienna L.L.C.
- Paguada v. Craftshack Inc.
- Paguada v. LaFrieda Meats Inc.
- Paguada v. SodaStream USA Inc.
- Paguada v. Fitness Anywhere LLC
- Paguada v. Ecom Fitness Platform LLC
- Paguada v. Hydrow Inc.
Law Firms That Filed the Most Lawsuits
Cohen & Mizrahi
Gottlieb and Associates
Stein Saks, PLLC
Mars Khaimov Law
The Wilshire Law Firm
The 37 lawsuits filed by Pacific Trial Attorneys in California were the most suits filed by a single firm in any one month this year. Three of firms listed here are based in New York, which is not surprising given the prominence of cases filed in New York. The five firms listed also filed the most lawsuits in August.