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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.

June 17, 2025

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Naeelah Murray, Nicole Davis, Kelly Smith, Marcos Calcano, and Frank Senior—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.

There has been a recent wave of complaints filed by Naeelah Murray, Nicole Davis, Kelly Smith, Marcos Calcano, and Frank Senior, who, according to court records, have collectively filed approximately 195 website accessibility lawsuits, many of which were filed in recent months.

  • Murray filed two lawsuits on May 21, 2025 (and 22 total lawsuits since March 2024). She is 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.
  • Davis filed two lawsuits on May 21, 2025. She is represented by Equal Access Law Group, PLLC, which has filed more than 250 similar lawsuits in federal court since August 2024.
  • Smith has filed four lawsuits since May 21, 2025. She is represented by Nye, Stirling, Hale, Miller & Sweet, LLP, which has filed more than 1,000 similar lawsuits in federal court.
  • Calcano and Senior have each filed 10 lawsuits in 2025. Calcano has filed 113 total lawsuits since October 2019, and Senior has filed 58 total lawsuits since June 2022. They are represented by Gottlieb & Associates PLLC, which has filed more than 2,400 similar lawsuits in federal court.

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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