UsableNet2023
MIDYEAR REPORTADA Digital Accessibility Lawsuits:Websites, Mobile, and Video
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 infederal court under the ADA or in state courts in New Yorkand California. The following report outlines trends foundas of midyear 2023. Data and images can be shared whenreferencing UsableNet as a source and linking to
www.usablenet.com

Digital Accessibility Lawsuits
Continue to Increase

Number of cases between 2018 and 2023

422023142890

3503

4011

4035

estimatedby the endof 2023

2018

2019

2020

2021

2022

2023

The data predicts another year of growth for digitalaccessibility lawsuits. This includes cases filed infederal court and those filed in state court in
New York and California.

Florida Makes
a Comeback
Lawsuits rebounded in Florida, with 228
Florida-based federal court cases in thefirst half of 2023, up from only 160 in thefirst half of 2022.
Number of 2023 cases filed in California,
New York and Florida
California

FloridaNew York273

26222420339386220JAN5233FEB

210

7868MAR

226

4441
APR

3628

MAY

JUN

New PlaintiffFirms Emerge
The Top 10 plaintiff firms file 82% of all
digital ADA lawsuits. In contrast, the topten defense firms represent less than 15%.
In 2023, three plaintiff firms entered thetop 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.

DEFENDANT LAWYERS

PLAINTIFF LAWYERS“We will defend you,but you should beaccessible.”“We will sue you
if you do not provide
an accessible website.”

1234567891012345678910STEIN &NIEPORENT LLPMARS KHAIMOV LAW, PLLC

DENTONSSTEIN SAKS, PLLCSEYFARTH SHAW LLP

JEFFREY GOTTLIEB, ESQ.

LAW OFFICES OFNOLAN KLEIN, P.A.

MIZRAHI KROUB LLPO'HAGAN MEYER LLC

LAW OFFICE OF
NOOR SAAB

LEWIS BRISBOISBISGAARD & SMITH LLPSHAKED LAW GROUP, P.C.

JACKSON LEWIS P.C.

NYE, STIRLING, HALE,MILLER & SWEET LLPBLANK ROME LLPADAMS& ASSOCIATES, P.A.

DEYUAN LIN

CUNNINGHAM LAW PLLC

OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.

RODERICK HANNAH,ESQ., P.A.

A New Industry
in the Top 3

16%

Other industries

84%

eCommerce

Industry
Total Percent
eCommerce
84%
Food Service Industry
7%
Education
2%
Other
1%
Travel/Hospitality
1%
Healthcare
1%Entertainment & Leisure1%
Fitness & Wellness< 1%
Digital Media & Agencies< 1%Automotive
< 1%
< 1%
Banking/Financial
Real Estate Agencies & Properties< 1%Grand Total
100%

eCommerce websites receive the most lawsuits,
followed by food service. Education has become thethird 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 theDepartment of Education in May 2023.

No Company
is Too Small

Most companies that received lawsuits
have annual revenue under 25 million.
This trend reflects how plaintiff firms
submit claims in large volumes.
Cases filed among companies with less or morethan 25M revenue in the first 6 months of 2023< 25M revenue> 25M revenue
23%

77%
2023
72%

28%

2022
70%

30%

70%

30%

2021

2020

This trend is a natural progression after years oflawsuits. Many of the largest companies havealready 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.

Big eCommerce Brands
in the Spotlight13%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.

Websites are
the Most Targeted

Lawsuits in 2023 focus on websites
because they are easy to test anddocument. Plaintiff firms frequently list
accessibility widgets as barriers toaccessibility in ADA claims.
95%
of cases claim accessibility issues ondesktop websites. There are fewer video
and app lawsuits than in previous years.
Meanwhile, defense lawyers reportincreasing amounts of demand letters.

Platform
Desktop websites
Mobile websites
Mobile apps
Video accessibility
Combined web & app
Grand Total

Total Percent
95%
3%
1%
< 1%
< 1%100%

Lawsuits Against Websites
with Widgets Double

Number of 2023 cases filed againstcompanies using widgets or overlay
features on their websites

80

5960

JANFEB

80

7857

MAR

APRMAYJUN

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 2022over the same period.

Methodology
The UsableNet research team reviews all lawsuits filed infederal 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, isthe claim’s subject. This lets UsableNet keep our clients
informed and provide the most up-to-date advice forplanning digital accessibility initiatives.
SourceData is based on UsableNet’s research team’s collection
across multiple legal sources from January 1, 2023, toJune 22, 2023.
A trusted partner can help you improve accessibility andreduce legal risk. Contact us for a free consultation with anaccessibility expert.

Get a free evaluation of your website
against the latest accessibility standard(WCAG 2.1)

Test with UsableNet AQA