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 Paradise Morgan, Timothy Hernandez, Erika Alexandria, Denise Crumwell, and Eugene Duncan, who, according to court records, have collectively filed approximately 390 website accessibility lawsuits, many of which were filed recently.
- Morgan has filed 12 lawsuits in 2024 (and 48 total lawsuits since April 2019). She is represented by Shaked Law Group, PC, which has filed more than 1,200 similar lawsuits in federal court and, recently, approximately 200 more lawsuits in New York State courts.
- Hernandez has filed 41 lawsuits in 2024 (and 54 total lawsuits since October 2023). Alexandria filed three lawsuits on November 1, 2024 (and has filed 13 total lawsuits since June 2023). They are represented by Stein Saks, PLLC, which has filed approximately 2,100 similar lawsuits.
- Crumwell has filed 12 lawsuits in 2024, including 10 since November 4, 2024 (and 104 total lawsuits since September 2021). She is represented by Gottlieb & Associates PLLC, which has filed more than 2,000 similar lawsuits.
- Duncan has filed 11 lawsuits since October 25, 2024 (and 186 total lawsuits since January 2018). He is represented by the Marks Law Firm, PC, which has filed hundreds of lawsuits under the Americans With Disabilities Act.
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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