September 2024
Monthly Website Accessibility Lawsuit Recap

Key takeaways

  • 73 website accessibility lawsuits were filed in September.
  • Food, Beverage & Tobacco, Retailing and Consumer Durables & Apparel were targeted most.
  • 6 Plaintiffs filed 43% of the month's website accessibility lawsuits.
  • MANNING LAW, APC filed the most complaints in September with 22 lawsuits in California.
  • Most lawsuits (50%) were filed in New York with California coming in second at 34%
  • We detected that 1% of litigated websites in September are using a Third-party accessibility Overlay tool.

 

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Lawsuits by Most-Targeted Industries

Food, Beverage & Tobacco

 26% (19)

Retailing

 21% (16)

Consumer Durables & Apparel

 15% (11)

Consumer Services

 9% (7)
food-staples

Food & Staples Retailing

 8% (6)

Food, Beverage & Tobacco, Retailing and Consumer Durables & Apparel were targeted most in September with a combined total of 46 lawsuits (thats 63.02%)

Lawsuit Filings Per State

New York State Flag

New York

 50% (37)
California State Flag

California

 34% (25)
Illinois State Flag

Illinois

 6% (5)
Florida State Flag

Florida

 4% (3)
Pennsylvania State Flag

Pennsylvania

 2% (2)
Most lawsuits (50%) were filed in New York with California coming in second at 34%

Third-Party Overlays

We detected that 1% 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

PERLA MAGENO is the most litigious website accessibility plaintiff, filing 9 lawsuits in September.

PERLA MAGENO

9 lawsuits filed

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  • MAGENO v. TABOON MEDITERRANEAN LLC
  • MAGENO v. PURE BEAN LLC
  • MAGENO v. PRIMO’S DONUTS, LLC
  • MAGENO v. MR CHARLIES TOLD ME SO LLC
  • MAGENO v. MASIS BAKERY
  • MAGENO v. MARY LANE
  • MAGENO v. LAURENT CAFÉ LLC
  • MAGENO v. LAN NOODLE INC
  • MAGENO v. CHJ INHERITANCE GROUP, INC.

JUAN IGARTUA

6 lawsuits filed

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  • IGARTUA v. YONKERS DREAM LLC
  • IGARTUA v. WEEDS R US INC
  • IGARTUA v. RECREATIONAL PLUS LEV INC.
  • IGARTUA v. NY ELITE ENTERPRISES 2 INC
  • IGARTUA v. MIGHTY LUCKY, INC.
  • IGARTUA v. DOWNTOWN FLWR LLC

CESAR COTTO

5 lawsuits filed

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  • COTTO v. YOGURTLAND FRANCHISING, INC
  • COTTO v. WESTSIDE PROFESSIONAL MANAGEMENT, LLC
  • COTTO v. VITA CANE TOKYO, INC.
  • COTTO v. SHAWNIE-BONNIE, INC.
  • COTTO v. CAC VENICE, LLC

REBECCA CASTILLO

4 lawsuits filed

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  • CASTILLO v. THE CLOSET TRADING COMPANY, LLC
  • CASTILLO v. SWEETGREEN, INC.
  • CASTILLO v. KING’S SEAFOOD COMPANY, LLC
  • CASTILLO v. GRAZE CRAZE FRANCHISING, LLC

HANNIBAL WHEATLEY

4 lawsuits filed

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  • WHEATLEY v. THE NEXT CHAPTER NY LLC
  • WHEATLEY v. NEW METRO ENTERPRISE INC.
  • WHEATLEY v. GMDSS LLC
  • WHEATLEY v. DNP-Y, INC

Law Firms That Filed the Most Lawsuits

MANNING LAW, APC

California
22 lawsuits filed

JOSEPH & NORINSBERG, LLC

New York
11 lawsuits filed

GABRIEL A. LEVY, P.C.

New York
8 lawsuits filed

GOTTLIEB & ASSOCIATES PLLC

New York
7 lawsuits filed

STEIN SAKS, PLLC

New York
3 lawsuits filed

MANNING LAW, APC filed the most complaints in September with 22 lawsuits in California. JOSEPH & NORINSBERG, LLC came in second place with 11 filings in New York.

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