Websites with accessibility overlays are a key trend to watch this year

MIAMI, FLORIDA, UNITED STATES, January 13, 2022 /EINPresswire.com/ -- The 2,352 lawsuits filed in 2021 and the 711 cases in the fourth quarter are new records in digital accessibility lawsuit filings. The annual Accessibility.com analysis finds that retailers in New York and California were targeted with the most lawsuits claiming that their websites are not accessible to consumers with disabilities.

Cases were up 14.3% from the previous year, driven by plaintiffs and law firms filing suits in numbers not seen before.

Accessibility.com’s legal research team identified multiple plaintiffs with triple-digit complaints for the first time in a calendar year. Cristian Sanchez was the most-litigious plaintiff with 139 cases in New York. Pacific Trial Attorneys filed 340 website accessibility lawsuits in California, making the firm the nation’s top-filer in 2021. Remarkably, more than 56% of all cases were filed by six firms in New York and California.

The numbers are staggering, particularly in the Consumer Goods, Services & Retail industry group, which accounted for 41% of the year’s total; however, they are not unexpected.

“Surprising? No. Alarming? Should be. Companies that serve the American public are expected to know and understand what federal law and common sense require of them,” said Accessibility.com publisher John Griffin. “Any company that still is not opening its online doors to everyone should not be surprised when plaintiffs and their attorneys try to force the doors open with litigation.”

Still, the fourth quarter was one for the record books. October, November, and December produced 17.9% more lawsuits than any other quarter on record. In November alone, 398 lawsuits were filed, setting the single-month record by an overwhelming margin (60.5%).

“It’s hard to predict anything other than this wave carrying into 2022 and probably beyond,” said Griffin. “That’s the real takeaway. It’s less ‘here’s what happened last year’ and more ‘here’s what you can bet on moving forward.’ That will be true until organizations invest in accessibility like the lifeblood that it is.”

Accessibility.com also estimates that 300, or 12.75% websites targeted in 2021 were using third-party accessibility overlays. Tracking this metric over the upcoming months will help identify significant trends for companies using or considering these debated accessibility widgets. Overlays typically try to override the user experience to enhance accessibility automatically; however, by not addressing the underlying accessibility issues, they are criticized by many advocates and subject matter experts.

For detailed analysis, please download the complete 2021 Website Accessibility Lawsuit Recap.

Join Accessibility.com’s event on January 25th, 2022, at 1 PM ET, “Are You Next? Trends in Digital Accessibility Lawsuits” for a comprehensive overview of digital accessibility lawsuits filed in 2021 and perspectives from legal accessibility experts on projections for 2022. Click here to register.

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About Accessibility.com:
Accessibility.com provides objective, unbiased, and trustworthy resources to promote awareness of the need for accessible and inclusive environments, both physically and digitally. Through our resources, events, and online learning courses, Accessibility.com acts as a catalyst for change, empowering businesses to adopt accessible strategies and become leaders in achieving inclusivity, leading to better products, higher-skilled employees, and greater profits.

Lori Litz
Accessibility.com
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