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May 19, 2025

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Darnell Williams, Tanisia Bowman, Dominique Tompkins, Kimberly Miller, and Judith Adela Fernandez Martinez—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 Darnell Williams, Tanisia Bowman, Dominique Tompkins, Kimberly Miller, and Judith Adela Fernandez Martinez, who, according to court records, have collectively filed approximately 105 website accessibility lawsuits, many of which were filed in recent months.

  • Williams has filed four lawsuits, and Bowman has filed five lawsuits, all since April 25, 2025. They are represented by Equal Access Law Group, PLLC, which has filed more than 250 similar lawsuits in federal court since August 2024.
  • Tompkins has filed two lawsuits since May 7, 2025. She is represented by Nye, Stirling, Hale, Miller & Sweet, LLP, which has filed more than 1,000 similar lawsuits.
  • Fernandez Martinez has filed 10 lawsuits since May 8, 2025. Miller has filed nine lawsuits in 2025 (and 88 total lawsuits since January 2022). They are represented by Gottlieb & Associates PLLC, which has filed more than 2,400 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 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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