October 2023
Monthly Website Accessibility Lawsuit Recap

Key takeaways

  • 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.

 

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Lawsuits by Most-Targeted Industries

Consumer Durables & Apparel

 28% (51)

Food, Beverage & Tobacco

 19% (35)

Retailing

 17% (31)

Health Care Equipment & Services

 10% (18)

Consumer Services

 5% (9)

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

Lawsuit Filings Per State

New York State Flag

New York

 74% (132)
California State Flag

California

 15% (28)
Illinois State Flag

Illinois

 5% (9)
Florida State Flag

Florida

 3% (7)
Pennsylvania State Flag

Pennsylvania

 1% (2)
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.

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Plaintiffs Who Filed the Most Lawsuits

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

ELLEN ELIZABETH TARR

14 lawsuits filed

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  • TARR v. Zappos.com LLC
  • TARR v. The Elder Statesman, LLC
  • TARR v. Shoes on First, Inc.
  • TARR v. North Main Clothing Company, LLC
  • TARR v. Natasha Durham Design, Inc.
  • TARR v. Marisa Haskell, Inc.
  • TARR v. Lucio Battisti, Inc.
  • TARR v. Lizard Thicket, LLC
  • TARR v. Kubiya Games, LLC
  • TARR v. HQ Milton, Inc.
  • TARR v. HoopSwagg, LLC
  • TARR v. Ceci New York, LLC
  • TARR v. Carlisle Etcetera, LLC
  • TARR v. Belcam, Inc.

SILVIA MARTINEZ

13 lawsuits filed

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  • MARTINEZ v. PASTOSA, RAVIOLI, MACARONI, AND NOODLE CORPORATION
  • MARTINEZ v. NORMAN & JULES, LLC
  • MARTINEZ v. NOHO WELLNESS, INC.
  • MARTINEZ v. ILINKO, INC.
  • MARTINEZ v. I LOST MY DOG, LLC
  • MARTINEZ v. COMPLETE NEUROLOGICAL CARE, P.C.
  • MARTINEZ v. CHELSEA GARDEN CENTER EAST, INC.
  • MARTINEZ v. CHECKERS DRIVE-IN RESTAURANTS, INC.
  • MARTINEZ v. CAROLMCCRAE, LLC
  • MARTINEZ v. BIBBER AND BELL, LLC
  • MARTINEZ v. BEN’S CRAB, CORP.
  • MARTINEZ v. BANGO BOWLS, LLC
  • MARTINEZ v. AIME LEON DORE, INC.

LYNN ZELVIN

13 lawsuits filed

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  • ZELVIN v. Zagg, Inc.
  • ZELVIN v. USA Miniso Depot, Inc.
  • ZELVIN v. Thompson Sporting Goods, Inc.
  • ZELVIN v. Rubber-Cal, Inc.
  • ZELVIN v. Cooperstown Bat Company, Inc.
  • ZELVIN v. CollectibleXchange, LLC
  • ZELVIN v. Circle of Drink, Inc.
  • ZELVIN v. Boston Traders, Inc.
  • ZELVIN v. Blue Collar Workwear, LLC.
  • ZELVIN v. Binghamton Health Campaign, Inc.
  • ZELVIN v. AW Authentic, Inc.
  • ZELVIN v. Andy Babiuk's Fab Gear, LLC
  • ZELVIN v. 4 R Ventures, LLC

NIHAL ERKAN

8 lawsuits filed

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  • ERKAN v. Yo Fresh, Inc.
  • ERKAN v. Little Folks Shop 123 East, Inc.
  • ERKAN v. Jennifer Levine, MD, PLLC
  • ERKAN v. Cerini Coffee Services, Inc.
  • ERKAN v. Center Blvd Restaurant, LLC
  • ERKAN v. Beth Warren Nutrition, LLC
  • ERKAN v. Art to Frames, Inc.
  • ERKAN v. Adam R. Kolker, M.D., P.C.

SANJAY SOOKUL

7 lawsuits filed

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  • SOOKUL v. Pestie, Inc
  • SOOKUL v. K & Soda, Inc.
  • SOOKUL v. Funny Water, Inc.
  • SOOKUL v. Fresh Vine Wine, Inc.
  • SOOKUL v. Dune Suncare, Inc.
  • SOOKUL v. Chamberlain Coffee Inc.
  • SOOKUL v. Brother’s Bond Distilling Company, LLC

Law Firms That Filed the Most Lawsuits

MARS KHAIMOV LAW, PLLC

New York
50 lawsuits filed

STEIN SAKS, PLLC

New York
47 lawsuits filed

THE LAW OFFICE OF NOOR A. SAAB, ESQ.

New York
16 lawsuits filed

PACIFIC TRIAL ATTORNEYS, APC

California
13 lawsuits filed

BEVERLY HILLS TRIAL ATTORNEYS, P.C.

California
10 lawsuits filed

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.

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