Level Access

Author: Level Access

NEW YORK, July 17, 2024 – A new report from Level Access, the leading provider of digital accessibility solutions, shows a widening scope of digital accessibility litigation in the United States, highlighting both the frequency of legal action and the broad range of industries targeted.

The Q1 2024 Legal Intelligence Report, where Level Access and its subsidiary UserWay analyze court data from the first quarter of 2024, surfaces key trends and developments in digital accessibility law and their implications for businesses and institutions.

Key findings from the report include:

  1. Digital accessibility lawsuits are frequent: 1,136 digital accessibility lawsuits were filed in U.S. federal and state courts in Q1 2024.
  2. New York and California prove hotspots for state-level litigation: State-level activity in Q1 was concentrated in New York and California, with both states seeing month-over-month increases in case filings throughout the quarter.
  3. Most legal action is driven by a small group of firms: Nearly 60% (648) of the more than 1,100 lawsuits tracked were filed by just five firms. For certain firms, digital accessibility litigation is now an area of specialty, or even an exclusive focus—and these firms have the resources to initiate hundreds of lawsuits in just a few months.
  4. Litigation spans established and niche industries: While e-commerce and financial services businesses remain common lawsuit targets, plaintiffs’ firms are filing complaints against a broad range of organizations. Common targets in Q1 included big box retailers and higher education institutions, as well as niche industries such as cannabis businesses, pet supply shops, and sports team apparel stores.
  5. Debate around testers’ standing continues: Courts remain divided on whether “testers”—individuals who check websites for accessibility issues without intending to use the services—have legal standing to sue.

The report’s methodology involved a comprehensive analysis of federal and state court databases and case law, with research conducted by attorneys licensed in New York and California.

“There are 85 million people in America with some form of disability. Our findings underscore the growing importance of digital accessibility across all sectors,” said Tim Springer, Founder and CEO of Level Access. “The diversity of industries facing lawsuits demonstrates that no organization is immune to this legal risk.”

The report also highlights emerging trends in the legal landscape:

  • “Settlement mills” face judicial scrutiny: Some law firms are pursuing large numbers of cases seeking quick settlements rather than substantive change. Courts are demonstrating increased scrutiny of high-volume litigators, potentially signaling a shift in how cases involving “settlement mills” are treated. For example, a New York attorney was recently reprimanded for struggling to manage an overwhelming caseload.
  • Global regulations may provide an example for the U.S.: The high volume of private digital accessibility litigation in the U.S. contrasts with more proactive legislative approaches taken by other nations, such as the European Union’s European Accessibility Act (EAA).

Moving forward, the report raises several questions for future consideration:

  • Will the U.S. Supreme Court provide clarity on the issue of tester standing?
  • How will emerging technologies like artificial intelligence (AI) impact the digital accessibility landscape?
  • Can the U.S.’s current litigation-focused approach effectively improve digital accessibility long-term, or are alternative strategies needed?

Digital accessibility experts at Level Access are available to discuss these and other issues raised in the report.

The full report, including detailed analysis and accessible data visualizations, can be accessed here.

About Level Access

Level Access has an unparalleled history in helping customers achieve and maintain compliance with the full scope of accessible technology regulations and standards including the ADA, WCAG, CVAA, AODA, EU directives on digital accessibility, and Section 508. Delivered through a comprehensive suite of software, expert services, and training, the company’s solution ensures customers’ websites, desktop and mobile applications, embedded software, gaming software, digital products, and electronic documents are accessible to everyone. To learn more, visit levelaccess.com.

About UserWay:

UserWay, a Level Access company, is a leading provider of digital accessibility solutions, committed to making the web more accessible for people with disabilities. The company’s Legal Intelligence Group conducts ongoing research to keep businesses and institutions informed about the evolving digital accessibility legal landscape.

For more information, contact:

Sophia Tupolev-Luz
VP, Communications, UserWay
sophia@userway.org

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