October 2023 Digital Accessibility Lawsuit Information

• 178 website accessibility lawsuits were filed in October.
• Consumer Durables & Apparel, Food, Beverage & Tobacco and Retailing were targeted most.
• 8 Plaintiffs filed 42% of the month's website accessibility lawsuits.
• MARS KHAIMOV LAW, PLLC filed the most complaints in October with 50 lawsuits in New York.
• Most lawsuits (74%) were filed in New York with California coming in second at 15%
• We detected that 7% of litigated websites in October are using a Third-party accessibility Overlay tool.

 

Consumer Durables & Apparel, Food, Beverage & Tobacco and Retailing were targeted most in October with a combined total of 117 lawsuits (thats 65.73%)

Most lawsuits (74%) were filed in New York with California coming in second at 15%

Third-Party Overlays

We detected that 7% of litigated websites in October 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.

Plaintiffs Who Filed the Most Lawsuits

ELLEN ELIZABETH TARR is the most litigious website accessibility plaintiff, filing 14 lawsuits in October.

MARS KHAIMOV LAW, PLLC filed the most complaints in October with 50 lawsuits in New York. STEIN SAKS, PLLC came in second place with 47 filings in New York.