September 2023
Monthly Website Accessibility Lawsuit Recap

Key takeaways

  • 137 website accessibility lawsuits were filed in September.
  • Consumer Durables & Apparel, Food, Beverage & Tobacco and Retailing were targeted most.
  • 7 Plaintiffs filed 43% of the month's website accessibility lawsuits.
  • STEIN SAKS, PLLC filed the most complaints in September with 37 lawsuits in New York.
  • Most lawsuits (81%) were filed in New York
  • We detected that 3% of litigated websites in September are using a Third-party accessibility Overlay tool.

 

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Lawsuits by Most-Targeted Industries

Consumer Durables & Apparel

 41% (57)

Food, Beverage & Tobacco

 19% (27)

Retailing

 13% (18)

Health Care Equipment & Services

 9% (13)

Household & Personal Products

 4% (6)

Consumer Durables & Apparel, Food, Beverage & Tobacco and Retailing were targeted most in September with a combined total of 102 lawsuits (thats 74.46%)

Lawsuit Filings Per State

New York State Flag

New York

 81% (111)
California State Flag

California

 9% (13)
Florida State Flag

Florida

 8% (11)
Pennsylvania State Flag

Pennsylvania

 <1% (1)
Minnesota State Flag

Minnesota

 <1% (1)
Most lawsuits (81%) were filed in New York

Third-Party Overlays

We detected that 3% of litigated websites in September 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

HAKAN DURANTAS is the most litigious website accessibility plaintiff, filing 13 lawsuits in September.

HAKAN DURANTAS

13 lawsuits filed

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  • DURANTAS v. Thomson Hospitality, LLC
  • DURANTAS v. The Bronx Brewery, LLC
  • DURANTAS v. Smile Brands, Inc.
  • DURANTAS v. Oak Street Health MSO, LLC
  • DURANTAS v. New York Computer Help, LLC
  • DURANTAS v. Myers of Keswick, Ltd.
  • DURANTAS v. Katie's Kitty, Inc.
  • DURANTAS v. Delicious Hospitality, LLC
  • DURANTAS v. Brooklyn Tea Seller, Inc.
  • DURANTAS v. Bean N Bean Corp.
  • DURANTAS v. Avenue J Florist, LLC
  • DURANTAS v. Aram P. Cazazian, P.C.
  • DURANTAS v. Alumni of NY, Inc.

LUIS MERCEDES

12 lawsuits filed

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  • MERCEDES v. TN AUBURN, LLC
  • MERCEDES v. SOUTH STATE TRAILER SUPPLY CO., INC.
  • MERCEDES v. SHARPE DRY GOODS COMPANY, LLC
  • MERCEDES v. ROSE & REMINGTON NORTH, INC.
  • MERCEDES v. RGV BOOT JACK, LLC
  • MERCEDES v. NUTRITIONAL SPORT SUPPLEMENTS, INC.
  • MERCEDES v. LUCKYPET, INC.
  • MERCEDES v. EAGLE EYE OUTFITTERS, INC.
  • MERCEDES v. CUT RATE SPORTING GOODS, INC.
  • MERCEDES v. CHEERLEADING COMPANY, INC.
  • MERCEDES v. BENNETT’S DEPARTMENT STORE, INC.
  • MERCEDES v. B. DRADDY, LLC

FELIX CASTRO

9 lawsuits filed

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  • CASTRO v. The Fitness Outlet, Inc.
  • CASTRO v. Sportie LA, LLC
  • CASTRO v. Spinneybeck Enterprises, Inc.
  • CASTRO v. Southeastern Career Apparel, Inc.
  • CASTRO v. Sole Sports, Inc.
  • CASTRO v. SG And ARL Ventures, LLC
  • CASTRO v. Glen Raven, Inc.
  • CASTRO v. E. Gluck Corporation
  • CASTRO v. Do it Best Commerce Company, LLC

LASHAWN DAWSON

7 lawsuits filed

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  • DAWSON v. WHOLESALE ACCESSORY MARKET, INC.
  • DAWSON v. NETBRANDS MEDIA CORP
  • DAWSON v. LUCY IN THE SKY, INC.
  • DAWSON v. K18, INC.
  • DAWSON v. AOSOM, LLC.
  • DAWSON v. 3 DAY BLINDS, LLC
  • DAWSON v. 1STOPBEDROOMS, INC.

YANILZA GONZALEZ

6 lawsuits filed

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  • GONZALEZ v. The Pathfinder of West Virginia, Ltd.
  • GONZALEZ v. Pacers Running, LLC
  • GONZALEZ v. Lilly Girl, Inc.
  • GONZALEZ v. Great Outdoor Shop, LLC
  • GONZALEZ v. C K Collection, Inc.
  • GONZALEZ v. A Little Bird Boutique, LLC

Law Firms That Filed the Most Lawsuits

STEIN SAKS, PLLC

New York
37 lawsuits filed

MARS KHAIMOV LAW, PLLC

New York
30 lawsuits filed

THE LAW OFFICE OF NOOR A. SAAB, ESQ.

New York
29 lawsuits filed

MANNING LAW, APC

California
12 lawsuits filed

GABRIEL A. LEVY, ESQ

New York
7 lawsuits filed

STEIN SAKS, PLLC filed the most complaints in September with 37 lawsuits in New York. MARS KHAIMOV LAW, PLLC came in second place with 30 filings in New York.

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