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Our attorneys stay on top of changes in legislation, agency regulations, case law, and industry trends—then craft timely legal alerts to keep clients up to date on legal developments important to their business.

May 23, 2024

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Competello, Fernandez, Liz, Riley, and Trippett—Targeting Businesses in Recent Flurry of Lawsuits

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.

Several relatively new plaintiffs are now on the scene, including Susan Competello, Jacqueline Fernandez, Pedro Liz, Amanie Riley, and Alfred Trippett, who, according to court records, have collectively filed 85 website accessibility lawsuits within the last few months.

  • Competello has filed seven lawsuits since February 3, 2024. She is represented by Jon L. Norinsberg, Esq., PLLC, which has filed more than 25 similar lawsuits.
  • Fernandez has filed 15 lawsuits since February 16, 2024. She is represented by Stein Saks, PLLC, which has filed more than 1,900 similar lawsuits.
  • Liz has filed 31 lawsuits since December 1, 2023, and Trippett has filed 10 lawsuits since April 22, 2024. They are represented by Gabriel A. Levy, PC, which has filed more than 300 similar lawsuits.
  • Riley has filed 22 lawsuits since May 3, 2024. She is represented by Mars Khaimov Law, PLLC, which has filed more than 1,450 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 that 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 Practice Areas or Hotels, Hospitality & Food Service Team.

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