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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.

September 9, 2025

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Victor Lopez, Myrna Driffin, Damon Jones, Tazinique Echols, and Ashley Bahena—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 surge in lawsuits filed by several of these plaintiffs, including Victor Lopez, Myrna Driffin, Damon Jones, Tazinique Echols, and Ashley Bahena, who, according to court records, have collectively filed 171 website accessibility lawsuits, many of which were filed within the last few months.

  • Lopez has filed 14 lawsuits since July 2025 (and 69 total lawsuits since March 2019). He is represented by Gottlieb & Associates, which has filed more than 2,400 similar lawsuits in federal court.
  • Driffin has filed 12 lawsuits since July 2025. 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.
  • Jones has filed 11 lawsuits since June 2025 (and 79 total lawsuits since August 2022). In August 2025, Echols filed five lawsuits and Bahena filed six lawsuits. They are represented by Equal Access Law Group, PLLC, which has filed more than 460 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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