WEB ACCESSIBILITY

        Over the past few years, there has been an explosion of lawsuits filed by people claiming that company websites are inaccessible to the visually or hearing impaired in violation of the Americans with Disabilities Act (“ADA”) and equivalent state laws. These lawsuits often come out of the blue, without the company ever having received a warning or complaint from a disabled person. And they often target small companies across the country that never intended to discriminate against anyone.



        These lawsuits are oftentimes brought by “serial plaintiffs,” who regularly sue companies en masse – using boilerplate complaints – for the allegedly inaccessible websites. They then demand tens of thousands of dollars to drop their lawsuits. These lawsuits need to be taken seriously, as companies potentially face ruinous damages and litigation costs if they lose. These filers, however, might not be legitimate, bona fide plaintiffs with standing to bring these claims. Even if they are, that does not mean that they are entitled to large sums of money. And sometimes, the supposedly inaccessible websites, in fact, do not pose accessibility barriers at all. 


      STEIN & NIEPORENT LLP successfully has defended its clients against precisely this new kind of opportunistic litigation. Our attorneys are seasoned, aggressive litigation strategists. We know the intricacies and nuances of the relevant laws and their applicability to class action lawsuits. Because we regularly appear in federal court, we are well-acquainted with the judges and with many of the lawyers who bring these kinds of cases. We can evaluate the strengths and weaknesses of the case against your company to achieve the best possible outcome. And we also can steer you towards compliance so that these sorts of lawsuits do not trouble your company again.


       DO NOT despair if your company has been targeted by one of these serial plaintiffs; many companies have faced the same predicament. Turn to us for help and guidance. We have the experience that your company needs now. 


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WEB ACCESSIBILITY FAQ

  • I’ve just received notice about this lawsuit. What is it about?

    A blind or visually impaired person (or occasionally a hearing impaired person) is claiming that he or she tried to use your website but could not because there were problems with the way the site was built.  Visually impaired people use special software to read websites to them, and the plaintiff is claiming that your site is not compatible with the software, which is discriminatory.  It is similar to a person in a wheelchair claiming that a physical store was not designed to allow for wheelchair access.

  • Can you help me?

    Yes!  If you have been served with a lawsuit like this, please contact us to schedule a free consultation.  We will discuss your options and help you make the best of an unfortunate situation.

  • I run a small business. Do these laws even apply to me?

    Unfortunately, yes.  There is no minimum size threshold for website accessibility cases. It does not matter how many employees you have or how much business you do.  The biggest national brands — Apple Inc., Dominos Pizza, Winn-Dixie — have been targets of these lawsuits, but so have companies that have no employees and do a few thousand dollars’ worth of business per month. 

  • My business is located in [for example] Kansas. How can I be sued halfway across the country in New York

    If you transact business on the Internet, people nationwide, including New York, can generally do business with you.  If they can, you are subject to jurisdiction here.

  • I read about a case that said that these laws do not apply to websites. Why am I even being sued?

    Some courts in some parts of the country have said that.  But in New York, the courts have routinely held that the laws apply to commercial websites.  And it is the laws where the plaintiff lives that control.

  • I have never heard of this plaintiff. He/she never complained to me before bringing suit. And I have no record of ever doing business with him/her. How can he/she sue me?

    The laws do not require that a plaintiff register a complaint before filing an ADA lawsuit.  And all that matters is whether the plaintiff tried to do business with you, not whether those tries were successful.

  • This lawsuit is bogus. I know my site complies with the law. In fact, I found a free tool on the Internet that checked my website and it said that there was nothing wrong with it. Can’t I just tell the lawyer or court that and get the case dismissed?

    Unfortunately, no.  First, be careful — most free tools only check your home page, not your entire website.  But your whole website, every single page, needs to be compliant with the law.  But second, just because you say that your site is compliant does not mean the plaintiff will agree.  That’s what the lawsuit is for — to resolve that dispute.    

  • My website designer wants to charge me thousands of dollars to fix my website. I found services on the Internet that promise to make our website accessible with a simple line of code and a small monthly fee. Will that work? Can’t I just sign up with them, and then tell the other lawyer that I’ve fixed it and that he should drop the case?

    Many companies rely on such “quick fixes."  They might work, but plaintiffs routinely argue these services do not make websites fully accessible.  Courts have not yet ruled on whether these quick fixes are good enough, but it’s very risky.  Remember that if it sounds too good to be true, it probably is.

  • If I ignore this lawsuit, what’s the worst that could happen?

    If you ignore it, the plaintiff will win by default.  The plaintiff will get a judgment against your company, awarding damages and attorneys’ fees, and will get a court order to require you to fix your website. This is no different than any other judgment — they can come after you to collect.  And if you don’t obey the order, you will be in contempt of court.

  • Who are these people bringing these suits?

    The following is a list of many of the attorneys – and their clients – who regularly bring web accessibility cases.

    i. Jeffrey Gottlieb/Michael LaBollita of Gottlieb & Associates.  Their primary plaintiffs include Cedric Bishop, Evelina Calcano, Emanuel Delacruz, Sandy Graciano, Donna Hedges, Braulio Thorne, Henry Tucker, Milton Williams, Lawrence Young, Yony Sosa, Juan Roman, and Arturo Stevez.

    ii. Mark Rozenberg of Stein Saks.  His main clients are Jenisa Angeles and Frankie Monegro.

    iii. Douglas Lipsky and Christopher Lowe of Lipsky Lowe.  Their usual clients are Brian Fischler, Lynnette Tatum-Rios, Kareem Nisbett, and Thomas J. Olsen.

    iv. Bradley Marks of The Marks Law Firm.  His plaintiffs are typically Luc Burbon and Eugene Duncan.

    v. Mars Khaimov of Mars Khaimov Law.  His regular clients are Dilenia Paguada, Josue Paguada, Jose Quezada, and Raymond Gonzalez.

    vi. Joseph Mizrahi of Cohen & Mizrahi LLP.  His plaintiffs include Shael Cruz, Josue Romero, Christian Sanchez, and Domingo Pascual.

    vii. Yitzchak Zelman of Marcus & Zelman.  He routinely represents Irene Hecht, Kevin Davis, and Ramon Jaquez.

    viii. Dan Shaked or Shaked Law Group.  His clients include Rasheta Bunting, Mary Conner, Aretha Crosson, Kahlimah Jones, Marion Kiler, Pedro  Martinez, Angel Rodriguez, Linda Slade, and Denette Ligon.

    ix. Justin Zeller.  He represents Eugene Duncan and Donna Hedges.

    x. Benjamin Sweet and Jonathan Miller.  They frequently represent Karen Blachowicz, Christopher Walters, Ian Foley, Sylvia Santos, and Sam Wilson.

    xi. Jonathan Shalom of Shalom Law.  His main client is Michelle Tenzer-Fuchs.

    xii. Mitchell Segal of Law Offices of Mitchell Segal.  He often represents Jay Winegard and Yaroslav Suris.  



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