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Below is a full-text description of our Year-End Report
Tile 1: 2024 YEAR-END REPORT ADA Digital Accessibility Lawsuit Trends Involving: - Websites, Mobile, and Video
The text reads: For more than six years, the UsableNet research team has tracked and documented digital accessibility lawsuits involving websites, mobile apps, and video content. This report covers all cases filed across the 11 federal circuit courts under the ADA plus cases filled in key individual state courts including New York and California, highlighting the latest trends as of December 2024. Data and images may be shared with attribution to UsableNet and a link to www.usablenet.com
Tile 2: Stricter Judicial Review Amidst High ADA Lawsuit Rates
The text reads: UsableNet reviewed more than 4,000 ADA lawsuits related to digital properties in 2024, including 1,600 filed in state courts and 2,400 in federal courts. While federal filings experienced a slight decline from last year, state-level lawsuits in New York and California continued to grow, reflecting a shift toward state-specific venues. This trend underscores the growing urgency for businesses to prioritize accessibility and address evolving legal risks.
Image description: A pie graph showing state vs federal lawsuits. Of the 4000+ 40% of lawsuits were filed in New York and California state courts, and 60% were filed in federal court.
Tile 3: Act Fast Before Your Next Lawsuit
The text reads: 961 lawsuits in 2024 were against companies that had a previous ADA digital lawsuit. 41% of all 2024 federal court lawsuits were against companies that had already faced a previous lawsuit. Companies that have previously faced a digital accessibility lawsuit often become targets for additional ones. New cases may come from different plaintiffs, target sister brands or parent companies, or even focus on the same website. The bottom line? If a company’s website, app, or other digital content is inaccessible, it is at risk of additional lawsuits. Act quickly after receiving a lawsuit to address accessibility issues and mitigate future risks.
Tile 4: New York Federal and State Far Surpass the Rest
The text reads: New York consistently leads California and Florida in ADA digital lawsuits across federal and state courts. Companies doing business in New York can face lawsuits there, regardless of where they are headquartered. With courts accepting cases against websites without physical locations and many active plaintiffs and firms based in the state, New York generates significantly higher filing volumes than any other state.
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 19 cases in California, 123 in New York, and 44 in Florida. July: 23 in California, 119 in New York, and 58 in Florida. August: 34 in California, 182 in New York, 59 in Florida. September: 34 in Florida, 222 in New York, and 44 in Florida. October: 9 in California, 219 in New York, and 84 in Florida. November: 28 in California, 249 in New York, and 68 in Florida. We are projecting December to finish with 4 lawsuits in California, 283 in New York, and 39 in Florida.
Tile 5: Industry Leaderboard
The text reads: Companies with eCommerce on their websites face a higher risk of lawsuits than those in other industries.
Image description: This pie chart shows the percentage of digital ADA lawsuits filed in eCommerce versus all other industries. 77% of lawsuits filed are in eCommerce, and all other industries constitute 23% of the cases combined.
The text reads: A breakdown of percentage by industry - E-commerce: 77%; Food Service Industry: 11%; Education: 2%; Healthcare: 2%; Entertainment & Leisure: 2%; Fitness & Wellness: 2%; Travel/Hospitality: 2%; Other: 1%; Banking/Financial: <1%; Digital Media and Agencies: <1%; Real Estate Agencies & Properties: < 1%; Automotive: <1%; Self-service: <1%; Insurance: <1%; for a Grand Total of 100%.
The text reads: Why eCommerce? eCommerce in this context includes direct-to-consumer brands, brick-and-mortar retailers with eCommerce, consumer brands, and manufacturers selling directly to consumers. Frequent updates and complex website functionality make eCommerce particularly vulnerable to accessibility challenges for screen reader users. <25M revenue >25M revenue 2023
Tile 6: Small Businesses are Targets
The text reads: Most companies receiving lawsuits have annual revenue under $25 million. Due to their sheer numbers, smaller businesses account for a higher percentage of claims, while large companies with numerous websites and brands are more likely to face repeated lawsuits over time.
Image description: 5 bar graphs showing the percentages of lawsuits filed against companies that made less than 50 million and those that made more than 50 million for 2020 - 2024. In 2020 and 2021, 30% of companies sued for accessibility claims made over 50 million dollars in revenue, while 70% of companies sued for accessibility claims earned less than 50 million dollars in revenue. In 2022, 28% of companies sued for accessibility made more than 50 million dollars in revenue, while 72% of companies sued had earnings less than 50 million dollars in revenue. In 2023, 27% of companies sued for accessibility made more than 50 million dollars in revenue, while 73% of companies sued had earnings less than 50 million dollars in revenue. In 2024, 33% of companies sued for accessibility made more than 50 million dollars in revenue, while 67% of companies sued had earnings less than 50 million dollars in revenue.
The text under the image reads: This trend reflects a natural progression after years of lawsuits. Many large companies have already faced claims and implemented accessibility programs, leading plaintiffs to focus on smaller businesses.
Tile 7: Big eCommerce Brands in the Spotlight
The text reads: 30% of the top 500 eCommerce retailers faced lawsuits in 2024, totaling 150 cases.82% of the top 500 eCommerce retailers, or 411 companies, have faced ADA-related digital lawsuits since 2018. Large eCommerce sites are complex, which makes it difficult to maintain a high level of accessibility at all times. These sites are dynamic and the code and content change frequently. For these reasons, even the most sophisticated eCommerce teams can struggle with digital accessibility.
Tile 8: Leading ADA Firms
The text reads: The top 10 plaintiff law firms account for 77% of all federal and state courts filed cases; in contrast, the top ten defense law firms represent less than 10% of federal cases.
Image Description: Two columns list the top 10 ADA defense and top 10 plaintiff firms. Defendants have the mindset of "We will defend you, but you should be accessible." Plaintiff firms have the mindset of We will sue you if you do not provide an accessible website."
The top ten defense attorneys are 1: Stein & Nieporent LLP; 2: Dentons US LLP; 3: Morgan, Lewis & Bockius LLP; 4: O'Hagan Meyer LLC; 5: Jackson Lewis P.C.; 6: Karlin Law Firm, LLP; 7: Lewis Brisbois Bisgaard & Smith LLP; 8: Seyfarth Shaw LLP; 9: Kaufman Dolowich LLP; 10: Blank Rome LLP;
The top ten plaintiff lawyers are: 1: Mizrahi Kroub LLP; 2: Stein Saks, PLLC; 3: Gottlieb & Associates PLLC; 4: Gabriel A. Levy, PC; 5: Manning Law, APC; 6: Mars Khaimov Law, PLLC; 7: Shaked Law Group, P.C.; 8: Law Office of Pelayo Duran, PA; 9: Joseph & Norinsberg LLC 10: Pacific Trial Attorneys.
The text reads: ADA-based lawsuits reveal a striking imbalance: 231 defense law firms with 327 lawyers counter claims from 49 plaintiff firms and 71 lawyers, highlighting the concentrated nature of plaintiff activity and the importance of businesses taking proactive accessibility measures.
Tile 9: Accessibility Widgets Offer No Guarantees
The text reads: In 2024, 1,023 companies with an accessibility widget live on their website received lawsuits.
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: 121; JUL: 93; AUG: 76; SEP: 84; OCT: 69; NOV: 71; DEC: 77, predicted.
The text reads: Plaintiffs filed lawsuits against over 1,000 businesses with an accessibility widget live on their site at the time of the claim. Many of these lawsuits cited the widget's features as barriers to equal access, WCAG violations, and other web accessibility issues.
Tile 10: Final
Methodology: The UsableNet research team tracks and documents all digital accessibility lawsuits involving websites, mobile apps, and video content. This report covers all cases filed across the 11 federal circuit courts under the ADA plus cases filled in key individual state courts, including New York and California, highlighting the latest trends as of December 2024. This process enables UsableNet to provide our clients with the most current advice 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 December 9, 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.
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