Welcome to the plain text version and pdf download page for the 2022 End of Year Report

Tile 1: 2022 Year-End Web and App Lawsuit Report

ADA Digital Accessibility Lawsuit Trends Involving - Websites, Mobile, Apps, 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 California state court under the Unruh Civil Rights Act. The following report outlines trends found during 2022. Data and images can be shared when referencing UsableNet as a source and linking to www.usablenet.com.

Image description: A courthouse drawing is in the foreground of the image in white. The eyes, ear, hand, and brain icons, representing visual, audio, motor, and cognitive disabilities, are scaled up and behind the courthouse in a medium blue color. The background is dark blue

 

Tile 2: 2022 Matched the Pace of 2021

The text reads: 2022 marked another year of more than 4,000 lawsuits.

ADA-based cases kept pace with 2021 despite key rulings in circuit courts. With as many as 100 lawsuits filed per week, cases will again total more than 4,000 in 2022

Image description: An orange bar graph showing the trend of cases between 2018 and 2022. 2018 had 2314 cases; 2019 had 2890 cases; 2020 had 3503 cases, and 2021 has 4011. There are estimated to be 4061 lawsuits for the year 2022. A courthouse in the background in light gray.

 

Tile 3: Companies Continue to Get Multiple Lawsuits

Many companies have received multiple ADA-based lawsuits. Often, the first lawsuit is for the website and the second for a mobile app. More cases can come from new plaintiffs. Additionally, were also found to file lawsuits against a sister brand or parent company. In some instances, the exact website receives lawsuits from different plaintiffs. The bottom line? If a company's website, apps, or other digital content is not accessible, it is at risk.

Image Description: A pie graph showing the percentage of companies sued this year that had a previous lawsuit. 19% i.e. nearly 600 lawsuits in 2022 were against companies that have received a previous ADA Digital Lawsuit.

 

Tile 4: The DOJ Effect in 2022

The text reads: The DOJ restated guidance in March 2022, but it failed to give businesses clarity. Instead, the guidance seems to have encouraged a rise in filings. Additionally, some significant court decisions in mid-2022 likely caused a reduction in weekly lawsuits after they hit a high in June.

The Eleventh Circuit court decision significantly reduced the suits seen in Florida, but the New York based decisions just changed the focus to industries that are not just online but have some sort of property or location that the website services.

Image description: Bar graph showing the number of cases in California, New York, and Florida from January 2022 to December 2022. January saw 75 cases filed in California, 170 in New York, and 10 in Florida. February had 69 cases filed in California, 208 in New York, and 13 in Florida. March had 119 cases filed in California, 327 in New York, and 22 in Florida.  April had 79 cases filed in California, 129 in New York, and 17 in Florida. May had 87 cases filed in California, 311 in New York, and 48 in Florida. June had 87 cases in California, 353 in New York, and 50 in Florida. July had 16 cases filed in California, 192 in New York, and 49 in Florida. August had 10 cases filed in California, 197 in New York, and 41 in Florida. September had 73 cases filed in California, 203 in New York, and 42 in Florida. October had 56 cases filed in California, 182 in New York, and 28 in Florida. November had 54 cases filed in California, 140 in New York, and 26 in Florida. December is projected to have 58 cases filed in California, 194 in New York, and 28 in Florida.

 

Tile 5: Industry Leader Board

The text reads: E-Commerce websites are cited the most in digital accessibility lawsuits. Companies with physical locations are high on the target list.

Recent cases have brought a nexus requirement into focus. A nexus is a connection between the website or app and the physical location. Examples are traditional brick-and-mortar retailers, restaurants, and other businesses with an online and physical presence.

Image description: A pie graph of eCommerce websites with digital accessibility claims versus other industries. E-Commerce accounts for 77% of accessibility lawsuits while the other industries account for 23%. The percentage of lawsuits by industry follows e-Commerce 77%; Food Service Industry 8%; Cross Industry Companies 3%; Entertainment & Leisure 2%; Banking/Financial 2%; Travel/Hospitality 2%; Healthcare 2%; Education 1%; Fitness & Wellness 1%; Digital Media & Agencies 1%; Automotive less than 1%; Real Estate Agencies & Properties less than 1%; Insurance less than 1%; Telecommunications less than 1%; Grand Total 100.00%.

 

Tile 6: Big and Small are Targets

The text reads: Filings are rising against companies with less than 50 million annual revenue. This trend reflects the need for plaintiff firms to find and file claims in volume.

This trend could be a natural progression or due to changing consumer trends. Many of the largest companies have already been sued and may have accessibility programs, which would make for a natural progression to smaller companies. The increase in e-Commerce sales due to the pandemic has also brought more attention to smaller, up-and-coming e-Commerce brands.

Image Description: 3 bar graphs showing the percentages of lawsuits filed against companies that made less than 50 million and companies that made more than 50 million for the years 2020, 2021, and 2022. 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.

 

Tile 7: Large E-Commerce Brands in Focus

The text reads: Almost 20% of the top 500 e-Commerce websites received a lawsuit in 2022. Over the last five years, almost 80% of the top 500 e-commerce websites received a lawsuit.

Almost 400 (391) of the Internet Retailer Top 500 list received an ADA-based digital lawsuit in the last five years. Large e-Commerce sites are complex, changing content and code often, and many also have a physical location (nexus). This combination makes them very likely to receive lawsuits if they do not have a strong accessibility program.

 

Tile 8: Leading ADA Law Firms

The text reads: The top 10 plaintiff law firms account for 75% of all federally filed cases; in contrast, the top ten defense law firms represent less than 19% of federal cases.

There are more than 750 different defendant lawyers across hundreds of law firms working on active ADA-based lawsuits, while only 48 plaintiff law firms and 67 plaintiffs make up all the filed claims. This is based on data from federally filed ADA-based lawsuits.

Image description: A list of the top 10 defendant law firms and a defendant lawyer's mindset. The defense lawyer's mindset is “We will defend you, but you should be accessible.” The Number one Defendant Law firm for digital accessibility is Stein & Nieporent LLP; Number two is Dentons US, LLP; Third is Jackson Lewis P.C.; Fourth is Seyfarth Shaw LLP; Fifth is Brisbois Bisgaard & Smith LLP; Sixth is O’hagan Meyer LLC; Seventh is Morgan Lewis & Bockius LLP; Eighth is Ogletree Deakins, Nash, Smoak & Stewart P.C.; Ninth is Law Offices of Nolan Klein, P.A.; Tenth is a tie between Blank Rome LLP.

Second Image Description: A list of the top 10 plaintiff law firms and a plaintiff lawyer's mindset. A plaintiff lawyer's mindset is “We will sue you if you do not provide an accessible website.” The number one plaintiff law firm is Mizrahi Kroub LLP; Number 2 is Stein Saks PLLC; Third is Mars Khaimov Law PLLC; Fourth is Gottlieb & Associates; Fifth is Shaked Law Group, P.C.; In sixth is Marcus & Zelman LLC; In 7th is Courtney Cunningham, PLLC; 8th is Wilshire Law firm; 9th is Law Office of Pelayo Duran, PA; Rounding out the top 10 is Roderick Hannah ESQ., P.A.

 

Tile 9: Websites Are the Primary Target

The text reads: Lawsuits in 2022 reflect the importance of considering accessibility for all digital channels and content.

The majority of plaintiffs and firms are focused on testing and filing against websites. There are a few plaintiff firms that have focused more on mobile apps and video, particularly in California.

Image Description: A table detailing the percentages of desktop websites, video content, mobile app, combined website and mobile app, and mobile websites that have been sued. Desktop websites had 97% of the claims; Mobile websites had 2% of the claims. Video accessibility, Combined web & app and Mobile app had less than 1% filed.

 

Tile 10: Accessibility Widgets Offer No Guarantees

The text reads: Almost 600 companies with an accessibility widget on their website received a lawsuit in 2022

The text reads: Businesses using accessibility widgets received 575 lawsuits, a 36% increase from 2021. These lawsuits list the widget features as a barrier to equal access in addition to WCAG violations and other user web barriers.

Image Description: A bar graph showing the number of lawsuits against companies using widgets from January to December: Jan had 31; Feb had 44; March had 67; April had 36; May had 73; June had 85; July had 37; Aug had 38; Sept had 40; Oct. had 37; Nov. had 37. As of December 14, 2022, December is projected to have 43 lawsuits with a widget.

 

Tile 11: Final

Methodology: The UsableNet research team reviews all lawsuits filed in federal courts under the ADA and in California under Unruh -over 12,000 this year. We review the cases to identify when a digital property is the subject of the claim. This process helps UsableNet inform our clients and give them the most up-to-date advice for planning their digital accessibility initiatives.

Source: Data is based on UsableNet’s research team’s collection across multiple legal sources from January 1, 2022, to December 14, 2022.

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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