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 Primitivo Robles, Hannibal Wheatley, Valeria Jacobs, Marlelis Hernandez, and Omar Rodriguez, who, according to court records, have collectively filed approximately 230 website accessibility lawsuits, many of which were filed in recent months.
- Robles has filed 17 lawsuits since October 1, 2024, and Wheatley has filed 10 lawsuits since September 26, 2024. They are represented by Jon L. Norinsberg, Esq., PLLC, which has filed approximately 100 similar lawsuits.
- Jacobs has filed four lawsuits, all on September 25, 2024. She is represented by Stein Saks, PLLC, which has filed approximately 2,100 similar lawsuits.
- Hernandez has filed 38 lawsuits in 2024 (and 105 total lawsuits since September 2023). Rodriguez has filed 19 lawsuits since September 26, 2024 (and 96 total lawsuits since March 2023). 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.
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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