We continue to report on the plethora of serial plaintiffs who have collectively filed thousands of website accessibility lawsuits, primarily against small businesses, in state and federal courts throughout the country. These lawsuits generally allege that these businesses’ websites are inaccessible to visually impaired individuals who use screen-reading software, thus denying them full and equal access to the goods or services offered on the websites.
There has been a recent surge in lawsuits filed by several of these plaintiffs, including Josue Paguada, Dilenia Paguada, Ramon Fontanez, Milton Williams, Mykayla Fagnani, Laurence Wills, and Devin Fernandez, who, according to court records, have collectively filed approximately 369 website accessibility lawsuits, many of which were filed in recent months.
- Josue Paguada has filed 25 lawsuits since February 14, 2025 (and 90 total lawsuits since October 2020). Dilenia Paguada filed 27 lawsuits on February 28, 2025 (and 72 total lawsuits since August 2020). Fontanez filed 13 lawsuits on February 28, 2025 (and 86 total lawsuits since June 2022). They are represented by Mizrahi Kroub LLP, which has filed more than 3,000 similar lawsuits in federal court and, recently, hundreds more in New York State courts.
- Williams has filed eight lawsuits since September 25, 2024 (and 114 total lawsuits since January 2021). Fagnani has filed 18 lawsuits since January 13, 2025 (and 75 total lawsuits since November 2022). They are represented by Gottlieb & Associates PLLC, which has filed more than 2,000 similar lawsuits.
- Wills has filed five lawsuits since February 25, 2025. Fernandez has filed seven lawsuits since February 5, 2025 (and 13 total lawsuits since October 2024). They are represented by Stein Saks, PLLC, which has filed more than 2,200 similar lawsuits.
As we have reported on numerous occasions, 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 these online systems are accessible to users with disabilities and otherwise comply with federal, state, and local disability laws in accordance with DOJ guidance issued in March 2022.
In the unfortunate event your business is served with one of these website accessibility lawsuits, please do not hesitate to contact the attorneys at Barclay Damon. 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 or Commercial Litigation & Complex Trials Practice Areas or Hotels, Hospitality & Food Service Team.
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