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Sign up now for a webinar where we decode the findings from this report with legal insights provided by Joseph Piesco, Partner at DLA Piper. Joe will join UsableNet's Chief Innovation Officer, Jason Taylor, to discuss emerging and continued litigation trends, predictions for the rest of the year, and what businesses can learn and apply from our report findings. Save your seat now for our webinar, 'Digital Accessibility Lawsuits in 2024.'
Event Details:
- Date: July 24
- Time: noon ET
- Duration: 60 minutes (includes Q&A)
- Location: Online (registration link below)
Register Now: Click here to secure your spot
*Webinar CLE Credit details and **CAEC details are below the full-text report description.
Below is a full-text description of our midyear report
Tile 1: 2024 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 New York and California state courts. The following report outlines trends found as of midyear 2024. Data and images can be shared when referencing UsableNet as a source and linking to www.usablenet.com
Tile 2: Stricter Judicial Review Amidst High ADA Lawsuit Rates
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.
Judges are now more critical when reviewing ADA lawsuits, asking for more details from plaintiffs, reducing the total number of lawsuits. However, it's crucial to emphasize that over 100 companies receive claims weekly, and plaintiffs remain active and successful in securing settlements.
Image description: The number of cases growing yearly from 2018 to the middle of 2024. The numbers are as follows: 2018: 2314; 2019: 2890; 2020: 3503; 2021: 4011; 2022: 4035; 2023: 4630; 2024: 4001, estimated by the end of the year.
Tile 3: New York Leads in Accessibility Lawsuits
The text reads: New York has the most active plaintiffs in federal and state court filings. This is a critical area of focus for companies selling goods and services to customers in New York, regardless of where the company is headquartered.
Image Description: Bar graph comparing the number of cases in California, New York, and Florida between January and June. Jan had 30 cases filed in California, 151 in New York, and 40 in Florida. Feb had 43 in California, 211 in New York, and 44 cases filed in Florida. March had 67 cases in California, 299 in New York, and 49 in Florida. April had 40 cases in California, 179 in New York, and 48 in Florida. May had 56 cases in California, 303 in New York, and 46 in Florida. June had 25 cases in California, 185 in New York, and 42 in Florida.
Tile 4: Leading Defense and Plaintiff Law Firms
Image Description: Two columns list the top 10 ADA defense and top 10 plaintiff firms.
The top ten defense attorneys are 1: Stein & Nieporent LLP; 2: Dentons US LLP; 3: O'Hagan Meyer LLC; 4: Morgan, Lewis & Bockius LLP; 5: Jackson Lewis P.C.; 6: Seyfarth Shaw LLP; 7: Lewis Brisbois Bisgaard & Smith LLP; 8: Law Offices of Nolan Klein, P.A.; 9: Kaufman Dolowich LLP; 10: Blank Rome LLP;
The top ten plaintiff lawyers are: 1: Mizrahi Kroub LLP; 2: Stein Saks, PLLC; 3: Mars Khaimov Law, PLLC; 4: Manning Law APC; 5: Jeffrey A. Gottlieb, Esq; 6: Gabriel Levy, PC; 7: Shaked Law Group, P.C.; 8: Pacific Trial Attorneys, APC.; 9: Law Office of Pelayo Duran, PA; 10: Roderick Hannah, Esq., PA
Tile 5: eCommerce and Restaurant Websites Under Scrutiny
The text reads: eCommerce and restaurant/food websites offering online ordering face the most lawsuits. Their complex search, filters, inputs, interactive elements, and other functionalities tend to be the most complicated to make accessible and easiest for a plaintiff to find.
Image description: This is a pie chart showing the percentage of digital ADA lawsuits filed in eCommerce versus all other industries. 78% of lawsuits filed are in eCommerce, and all other industries combined constitute 22% of the cases.
The text reads: A breakdown of percentage by industry - E-commerce: 78%; Food Service Industry: 11%; Education: 3%; Entertainment & Leisure: 3%; Other: 1%; Travel/Hospitality: 1%; Healthcare: 1%; Fitness & Wellness: < 1%; Real Estate Agencies & Properties: < 1%; Automotive: <1%; Self-service: <1%; Insurance: <1%; Banking/Financial: <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 have received ADA lawsuits so far in 2024. Through June 2024, 66% of lawsuits are under 25M in revenue and 34% are 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. Increasing eCommerce sales due to changing consumer spending habits may also impact these numbers.
Tile 7: Big eCommerce Brands in the Spotlight
Image Description: Bar graph showing 15% of the top 500 eCommerce retailers received a lawsuit so far in 2024.
The text reads:
eCommerce and restaurant/food websites offering online ordering face the most lawsuits. Their complex search, filters, inputs, interactive elements, and other functionalities tend to be the most complicated to make accessible and easiest for a plaintiff to find.
Tile 8: Websites are the Most Targeted
The text reads: In 2024, lawsuits focus on websites because they are easy to test and document.
Almost 99% 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: 99%; Mobile websites: 1%; Mobile apps: 0%; Video accessibility: 0; Combined web & app: 0%; for a total of 100%.
Tile 9: Widget Woes: Over 20% of Lawsuits Hit Sites Using Widgets in 2024
The text reads: Lawsuits filed against companies using accessibility widgets are growing. We track whether a website uses a widget on the day the plaintiff files it. Over the same period, plaintiffs filed 503 lawsuits against websites with active widgets in 2024, compared to 449 suits in 2023.
Image description: A bar graph showing the number of digital accessibility lawsuits mentioning an accessibility widget each month in 2024: JAN: 56; FEB: 85; MAR: 101; APR: 76; MAY: 114; JUN: 71.
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 review identifies whether a digital property, including websites, mobile, and video, is the claim’s subject. This rigorous review process provides the most up-to-date information for planning digital accessibility initiatives.
Source: Data is based on UsableNet’s research team’s collection across multiple legal sources from January 1, 2024, to June 23, 2024.
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 2.2) Test with UsableNet AQA.
*CLE Credit Details for the Webinar, "Digital Accessibility Lawsuits in 2024"
DLA Piper LLP (US) has been certified by the State Bar of California, Illinois MCLE Board, the Board on Continuing Legal Education of the Supreme Court of New Jersey, and the New York State Continuing Legal Education Board as an Accredited Provider. The following CLE credit is being sought:
- California: 1.0 Credit (1.0 General, 0.0 Ethics)
- Illinois: 1.0 Credit (1.0 General, 0.0 Professional Responsibility)
- New Jersey: 1.2 Credits (1.2 General, 0.0 Ethics)
- New York: 1.0 Transitional & Non-Transitional Credit (1.0 Professional Practice, 0.0 Ethics)
CLE credit will be applied for in other states where DLA Piper has an office except for Minnesota, North Carolina, Pennsylvania, and Puerto Rico.
Please click here to evaluate the program and request CLE credit. To comply with state CLE Board regulations, this process must be completed within 14 days of the program to receive credit.
**CAEC Credit Details for the Webinar, "Digital Accessibility Lawsuits in 2024"
This webinar is eligible for 1 Continuing Accessibility Education Credit (CAEC) for those who are Certified Professional in Accessibility Core Competencies (CPACC) and Certified Professional in Web Accessibility (CPWA) by the International Association of Accessibility Professionals (IAAP).