As we have previously reported in several alerts, in recent years, numerous serial plaintiffs have collectively filed hundreds, if not thousands, of website accessibility lawsuits in state and federal courts throughout the country.
Now, several relatively new plaintiffs are on the scene, including Jovan Campbell, Kimberly Miller, Nadreca Reid, and Jahron Black, who, according to court records, have collectively filed more than 80 lawsuits, primarily in federal district courts in New York State.
- Campbell has filed 18 lawsuits since September 2022, including six already in 2023. Black has filed eight lawsuits since March 1, 2023. Both Campbell and Black are represented by Mars Khaimov, whose law firm has filed more than 850 similar lawsuits.
- Miller has filed 36 lawsuits since January 2022, including two on March 16, 2023. She is represented by Gottlieb & Associates, which has filed more than 1,500 similar lawsuits.
- Reid has filed 22 lawsuits since November 3, 2022, including eight already in 2023. She is represented by Shaked Law Group, PC, which has filed more than 1,050 similar lawsuits.
Both state and federal lawmakers have taken steps in recent years to curb website accessibility lawsuits; however, to date, no legislation has been passed. In the absence of legislation or regulations promulgated by the US Department of Justice (DOJ), we recommend that businesses operating a website, mobile application, or both take steps to ensure that these online systems are accessible to visually impaired and hearing-impaired users and otherwise comply with federal, state, and local disability laws in accordance with DOJ guidance issued in March 2022.
In the unfortunate event you or your business is served with one of these website accessibility lawsuits, please do not hesitate to contact the attorneys at Barclay Damon, who have represented and continue to represent a number of defendants in these and similar lawsuits. We will continue to monitor the development of these cases.
If you have any questions regarding the content of this alert, please contact Rob Thorpe, partner, at rthorpe@barclaydamon.com, or another member of the firm’s Labor & Employment Practice Area or Hotels, Hospitality & Food Service Team.
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