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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.

November 26, 2025

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Michael Mitchell, Edelmira Guerrero, Ana Jimenez, Dustin Youngren, William O'Donnell, Sophia Faldonie, and Kathy Wu—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 Michael Mitchell, Edelmira Guerrero, Ana Jimenez, Dustin Youngren, William O’Donnell, Sophia Faldonie, and Kathy Wu, who, according to court records, have collectively filed more than 170 website accessibility lawsuits in 2025. 

  • Mitchell has filed 48 lawsuits since September 5, 2025; Guerrero has filed 35 lawsuits since October 24, 2025; and Jimenez has filed 25 lawsuits since November 6, 2025. 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.
  • O’Donnell has filed 14 lawsuits since September 18, 2025; Faldonie has filed 26 lawsuits since July 28, 2025; and Youngren has filed nine lawsuits since October 3, 2025. They are represented by Equal Access Law Group, PLLC, which has filed more than 610 similar lawsuits in federal courts since August 2024 (and numerous more lawsuits in New York State courts).
  • Wu has filed 15 lawsuits since February 5, 2025. She is represented by The Marks Law Firm, PC, which has filed hundreds of similar lawsuits in both federal and 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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Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Michael Mitchell, Edelmira Guerrero, Ana Jimenez, Dustin Youngren, William O'Donnell, Sophia Faldonie, and Kathy Wu—Targeting Businesses in Recent Flurry of Lawsuits

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