UsableNet2021
MID YEAR REPORTADA DIGITALACCESSIBILITY LAWSUITS
Websites, Mobile, and Video

The UsableNet research team monitors anddocuments all digital accessibility-related lawsuits
where a website, mobile app, or video content is thesubject of a claim in federal court under the ADA orin California state court under the Unruh Civil Rights
Act. The following report outlines trends found as ofmidyear 2021. Data and images can be shared whenreferencing UsableNet as a source and linking towww.usablenet.com.

DIGITAL LAWSUITSON TRACK FOR RECORDOver one lawsuit is filed every hour.
20182314 cases

20192890 cases

2020

3503 cases

2021(Estimated by the end of 2021)

4195 cases

ADA-based cases so far in 2021 plot a path to 4,000
lawsuits in 2021. This includes cases filed in federal
court and those filed in California under the Unruh
Act with a direct reference to violation of the ADA.

THE WINN-DIXIE EFFECTThe April 7th, 2021 Winn-Dixie ADA
Appeal Decision significantly reduced
lawsuits within the Eleventh Circuit’s
jurisdiction of Florida, Alabama,and Georgia.
New YorkFlorida

252216202180183145

1429196

93

96

76

593529JAN

FEB

MAR

161410APR

MAYJUN

However, until the Supreme Court resolves thefederal court split — or until Congress amends
the ADA or DOJ issues regulations— website
accessibility lawsuits will continue to be filed.
They are still being filed in large numbers in NY,
CA, and other states.

INDUSTRY LEADER BOARD
e-Commerce cited the most in digitalaccessibility lawsuits. Banking/Financial
moves back to the top 5.

e-Commerce
73.66%
Other industries
26.34%

Industry
Total Percent
e-Commerce
73.66%
Digital Media & Agencies
4.14%
Banking/Financial
3.56%
3.31%
Food Service Industry
Healthcare
2.54%
Travel/Hospitality
1.84%
Automotive
1.46%
Education
1.34%
Entertainment & Leisure
1.08%
Fitness & Wellness
0.83%
Real Estate Agencies & Properties
0.45%
Insurance
0.32%
0.06%
Telecommunications
Other
5.41%
Grand Total
100.00%e-Commerce provides a reliable source for plaintiffs
as the websites are complicated, change often, andare hard to be maintained for accessibility unless acompany has a clear ongoing plan for testing andremediation.

NO COMPANY IS TOO SMALL

The percentage of companies sued
with revenue below 50 Million per year
is growing.
More than 50 Million Revenue
Less than 50 Million Revenue

NUMBER OF CASES

1115

536

549

476

JAN – JUN 2020

JAN – JUN 2021

This could be a natural progression or due tochanging consumer trends. Many of the largest
companies have already been sued and haveaccessibility programs, which would make fora natural progression to smaller companies.
The increase in eCommerce sales due to thepandemic has also brought more attention tosmaller, up–and–coming eCommerce brands.

BIG E-COMMERCE BRANDS
IN THE SPOTLIGHT

74%
of the e-tail 500 sued in the last 3years. 369 of the top 500 received
ADA-based digital lawsuits since 2018.

14%of the top 500 e-commerce retailers
received a lawsuit so far in 2021. There
are already 68 cases against the Top
500 e-commerce retailers in 2021.

DIGITAL TARGETS EXPANDING
Lawsuits in 2021 reflect the importanceof considering accessibility for all digitalchannels and content.

Desktop websites

1422 claims

Mobile app

109 claims

Video Accessibility

109 claims

Combined Web & App

40 claims

Mobile Website

1 claimAccessibility on desktop websites dominates thenumber of lawsuits. Mobile Apps continue to risealong with a new trend in video-related claims.
Video claims demand that all videos have closed
caption and audio descriptions.

IMPORTANCE OF APPS

App usage has risen, and lawsuits havefollowed. Over 100 companies received
a claim across different industries.
Total Percent
Industry
19.46%
e-Commerce
18.12%
Digital Media & Agencies
11.41%
Food Service Industry
6.04%
Fitness & Wellness
5.37%
Banking/Financial
5.37%
Healthcare
3.36%Entertainment & Leisure
3.36%
Travel/Hospitality
2.68%
Real Estate Agencies & Properties
1.34%
Education
1.34%
Automotive
0.67%
Insurance
0.67%
Telecommunications
20.81%
OtherGrand Total
100.00%More than 26% of companies that received
an app accessibility lawsuit this year werepreviously sued for their website being
inaccessible.

WIDGETS AND OVERLAYS
OFFER NO GUARANTEES

Lawsuits filed against companies
using overlays or widgets foraccessibility are growing.
Number of lawsuits

NUMBER OF LAWSUITSNUMBER OF CASES

California

39353332MAR

APR

MAY2821JAN

FEB

JUN

2021 is on track to have over 350 lawsuits filedagainst companies using accessibility widgets oroverlays. Many 2021 lawsuits list the widget features
as a barrier to equal access. Widgets are adding
litigation risk, not removing it.

Methodology
The UsableNet research team reviews all lawsuits filed in federal
courts under the ADA and in California state court under Unruh.
The cases are reviewed to identify ones where a digitalproperty, including websites, mobile apps and video are thesubject of the claim. This allows UsableNet to keep our clients
informed and provides them with the most up-to-date advice forplanning their digital accessibility initiatives.
SourceData is based on UsableNet’s research team’s collection acrossmultiple legal sources from January 1, 2021, to June 21, 2021.
A trusted partner can help you improve accessibility andreduce legal risk. Contact us for a free consultation withan accessibility expert.

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