Click here to View PDF.
How did we get to over 4,000 web accessibility lawsuits filed in a year? When and why does the Americans with Disabilities Act, enacted when the Internet was in its infancy (1990), apply to today's modern websites? We created our ADA primer on digital accessibility to answer these FAQs. Read now.
Below is a full-text description of our midyear report to help all users:
Tile 1: 2023 MIDYEAR REPORT ADA DIGITAL ACCESSIBILITY LAWSUITS - Websites, Mobile, and Video
The text reads: The UsableNet research team monitors and documents all digital accessibility-related lawsuits where a website, mobile app, or video content is the subject of a claim in federal court under the ADA or in state courts in New York or California. The following report outlines trends found as of midyear 2023. Data and images can be shared when referencing UsableNet as a source and linking to www.usablenet.com.
Tile 2: Digital Accessibility Lawsuits Continue to Increase
The text reads: The data predicts another year of growth for ADA-based digital lawsuits. This includes cases filed in federal court and those filed in state court in New York and California.
Image description: the number of cases growing each year from 2018 to the middle of the year in 2023. The numbers are as follows: 2018: 2314; 2019: 2890; 2020: 3503; 2021: 4011; 2022: 4035; 2023: 4220 estimated by the end of the year.
Tile 3: Florida Makes a Comeback
The text reads: Lawsuits rebounded in Florida, with 228 Florida-based federal court cases in the first half of 2023, up from only 160 in the first half of 2022.
Image Description: Bar graph comparing the number of cases in New York, California, and Florida between January and June. Jan had 39 cases filed in California, 203 in New York, and 38 in Florida. Feb had 20 in California; 262 in New York and 33 cases filed in Florida. March had 62 cases in California, 273 in New York, and 52 in Florida. April had 68 cases in California, 224 in New York, and 41 in Florida. May had 44 cases in California, 226 in New York, and 36 in Florida. June had 78 cases in California, 210 in New York, and 28 cases in Florida.
Tile 4: New Plaintiff Firms Emerge
The text reads: The Top 10 plaintiff firms file 82% of all Digital ADA lawsuits. In contrast, the top ten defense firms represent less than 15%. In 2023, three plaintiff firms entered the top ten in volume: The Law Office of Noor Saab; Nye, Stirling, Hale, Miller & Sweet LLP; and Adams & Associates, P.A. This is based on data from federally filed ADA-based lawsuits.
Image Description: Two columns listing the top 10 ADA defense firms and top 10 plaintiff firms. At the top of the column for defendant lawyers reads, “Defendant Lawyers ‘We will defend you, but you should be accessible.’” At the top of the column for plaintiff lawyers, it reads, “Plaintiff Lawyers ‘We will sue you if you do not provide an accessible website.’”
The top ten defense attorneys are 1 Stein & Nieporent LLP; 2 Dentons; 3 Seyfarth Shaw LLP; 4 Law Offices of Nolan Klein, P.A.; 5 O'Hagan Meyer LLC; 6 Lewis Brisbois Bisgaard & Smith LLP; 7 Jackson Lewis P.C.; 8 Blank Rome LLP; 9 Deyuan Lin, LLP; 10: Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
The top ten plaintiff lawyers are: 1 Mars Khaimov Law, PLLC; 2 Stein Saks, PLLC; 3 Jeffrey A. Gottlieb, Esq; 4 Mizrahi Kroub LLP; 5 Law Office of Noor Saab; 6 Shaked Law Group, P.C.; 7 Nye, Stirling, Hale, Miller & Sweet LLP; 8 Adams & Associates, P.A.; 9 Cunningham Law PLLC; 10 Roderick Hannah, Esq., P.A.
Tile 5: A New Industry in the Top 3
The text reads: eCommerce websites receive the most lawsuits, followed by food service. Education has become the third most targeted industry so far in 2023. This trend could be due to the DOJ’s upcoming Title II rule-making and the Dear Colleague Letter on Online Accessibility at Postsecondary Institutions issued jointly by the Justice Department and the Department of Education in May 2023.
Image description: A pie chart that shows the percentage of digital ADA lawsuits that are eCommerce versus all other industries. 84% of lawsuits filed are eCommerce and all other industries combine are 16% of the cases.
The text reads: A breakdown of percentage by industry - E-commerce 84%; Food Service 7%; Education 2%; Other 1%; Travel/Hospitality 1%; Healthcare 1%; Entertainment & Leisure 1%; Fitness & Wellness < 1%; Digital Media & Agencies < 1%; Automotive <1%; Banking/Financial <1%; Real Estate Agencies & Properties < 1%; for a Grand Total of 100%.
Tile 6: No Company is Too Small
The text reads: Most companies that received lawsuits have annual revenue under 25 million. This trend reflects how Plaintiff firms submit claims in large volumes.
Image description: Bar graphs comparing the revenue of companies who receive ADA lawsuits starting in 2020. In 2023, 77% of lawsuits are under 25M in revenue and 23% are greater than 25M in revenue; In 2022, 72% of lawsuits are under 25M in revenue and 28% are greater than 25M in revenue; In 2021, 70% of lawsuits are under 25M in revenue and 30% is greater than 25M in revenue; In 2020, 70% of lawsuits are under 25M in revenue and 30% is greater than 25M in revenue.
The text under the image reads: This trend is a natural progression after years of lawsuits. Many of the largest companies have already been sued and have accessibility programs, so plaintiffs are naturally progressing to focus on smaller companies. The increase in eCommerce sales due to changing consumer spending habits may also impact these numbers.
Tile 7: Big eCommerce Brands in the Spotlight
The text reads: 13% of the top 500 eCommerce retailers received a lawsuit so far in 2023. 81% of the top 500 eCommerce retailers received lawsuits in the last four years. 406 of the top 500 have received ADA-based digital lawsuits since 2018.
Tile 8: Websites are the Most Targeted
The text reads: Lawsuits in 2023 focus on websites because they are easy to test and document. Plaintiff firms frequently list accessibility widgets as barriers to accessibility in ADA claims.
95% of cases claim accessibility issues on desktop websites. There are fewer video and app lawsuits than in previous years. Meanwhile, defense lawyers report increasing amounts of demand letters.
The platforms and percentages of lawsuits against them are as follows: Desktop websites: 95%; Mobile websites: 3%; Mobile apps: 1%; Video accessibility: <1%; Combined web & app: <1% for a total of 100%.
Tile 9: Lawsuits Against Websites with Widgets Double
The text reads: Lawsuits filed against companies using accessibility widgets are growing. We track if a website uses a widget on the day a lawsuit is filed. Plaintiffs filed 414 lawsuits against websites with active widgets in 2023, compared to 315 suits in 2022 over the same period.
Image description: A bar graph showing the number of digital accessibility lawsuits mentioning an accessibility widget each month in 2023: JAN:59; FEB: 60; MAR:80; APR:78; MAY:57; JUN:80.
Tile 10: Final
Methodology: The UsableNet research team reviews all lawsuits filed in federal court under the ADA or filed in state court in New York or California. The cases are reviewed to identify where digital property, including websites, mobile, and video, is the claim’s subject. This lets UsableNet keep our clients informed and provide the most up-to-date advice for planning digital accessibility initiatives.
Source: Data is based on UsableNet’s research team’s collection across multiple legal sources from January 1, 2023, to June 22, 2023.
Next steps: A trusted partner can help you improve accessibility and reduce legal risk. Contact us for a free consultation with an accessibility expert.
Get a free evaluation of your website against the latest accessibility standard (WCAG 2.1) Test with UsableNet AQA.