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2024 Mid-Year ADA Web Lawsuit Report: Insights and Trends Uncovered

By Jason Taylor on Jul 8, 2024
Topics: ADA Lawsuits

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Welcome to my blog! Today, I would like to give you some insight into the numbers reported in our recent 2024 Mid-Year ADA Web Lawsuit Report. Our team has worked diligently to compile and analyze this data. 

I hope to offer a deeper understanding of our uncovered trends and figures. Let's dive into the details and explore the significant findings from this mid-year report.

Methodology: How We Compile the Report

For those new to our report, I want to thank the exceptional team at UsableNet for their dedicated work compiling these insights. What sets our approach apart is our comprehensive review of federally filed ADA cases and every filed federal ADA case. We meticulously distinguish cases related to digital properties—such as websites or apps—from those involving physical properties. This method enables us to offer precise insights into the evolving landscape of digital accessibility.

Additionally, we analyze state-level filings in states like California and New York, providing a comprehensive view of the legal environment.

Download your copy of the Mid-2024 Report on Digital Accessibility Lawsuits now!

Decrease in Overall ADA Lawsuit Numbers

The number of cases growing each year from 2018 to the middle of the year in 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.

We've observed a slight decrease in ADA lawsuits for the first time. Increased judicial scrutiny influenced this shift. Judges now demand more detailed claims from plaintiffs and their legal teams. Additionally, recent defense victories in federal ADA claims have prompted some firms to shift their focus to state courts, impacting filing volumes.

New York: Epicenter of ADA Lawsuits

Bar graphs 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 cases in Florida.

New York continues to lead in ADA lawsuits, particularly in New York City. Businesses operating there face risks of federal and state-level claims alleging unequal services to people with disabilities. Factors contributing to New York's prominence include a high concentration of plaintiffs and plaintiff firms and broad judicial interpretations of ADA in digital spaces.

Highly Concentrated Plaintiff Activity

Two columns listing the top 10 ADA defense firms 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 & Voluck, 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

Plaintiff firms focus on high-volume representation due to the potential for settlements. This concentrated activity contrasts with more dispersed defense representation across various companies. Our data shows that the top ten plaintiff law firms defend almost 16% of lawsuits. The top ten plaintiff firms filed roughly 83% of all digital accessibility lawsuits this year. 

Industries and Websites Targeted

A pie chart that shows the percentage of digital ADA lawsuits that are eCommerce versus all other industries. 78% of lawsuits filed are eCommerce and all other industries combined are 22% of the cases.

ADA lawsuits predominantly target e-commerce and complex websites due to their frequent updates and accessibility challenges. These platforms are considered essential for plaintiffs, facilitating arguments about the harm caused by inaccessible designs.

The Pitfalls of Accessibility Widgets

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.

Despite companies' investments in accessibility widgets, they often fail to mitigate legal risks. Reports suggest these widgets can create additional barriers for users with disabilities, highlighting their limitations in providing adequate legal protection.

The Mid-2024 Digital Accessibility Lawsuit Report is here. Download your copy now!

Conclusion

I hope this analysis has provided valuable insights from our report on ADA lawsuits and digital accessibility trends. For a deeper dive into our findings, download the full report. Stay tuned for our upcoming end-of-year analysis, typically published between December and January.

A trusted partner can help you improve accessibility and reduce legal risk. Contact UsableNet for a free consultation with an accessibility expert.

Join us on July 24, 2024, at 12 PM ET for a midyear look at digital accessibility litigation trends to help you mitigate risk and make impactful changes to your website. Save your seat!

 

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