"Tester" Plaintiffs — New Serial Lawsuit Filers Target Small Businesses (2026) | AccessiTool

"Tester" Plaintiffs — New Serial Lawsuit Filers Target Small Businesses (2026)

104+
Lawsuits filed in recent months
5
Serial plaintiffs identified
1,000+
Total lawsuits since 2024

🔴 A new wave of serial "tester" plaintiffs is sweeping the nation. These individuals visit hundreds of websites specifically looking for ADA violations — then file lawsuits by the dozens. Small businesses are their primary targets.

🛡️ Is Your Business a Target?

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Who Are the "Tester" Plaintiffs?

"Tester" plaintiffs are individuals who visit websites specifically to find accessibility violations — not because they need to use the site, but to generate lawsuits and settlements.

⚖️ How They Operate:

  • Visit hundreds of websites systematically
  • Document alleged accessibility violations (using automated tools)
  • File dozens or even hundreds of nearly identical lawsuits
  • Target small businesses that are less likely to fight back
  • Settle quickly for $10,000-$50,000 per case

Meet the Serial Plaintiffs (Recent Active Filers)

👤 Katherine Corbett

Lawsuits filed: 32+ lawsuits in recent months

Represented by: Equal Access Law Group

Targets: Small e-commerce stores, local service websites

👤 Judith Pelaez

Lawsuits filed: 11+ lawsuits

Represented by: Equal Access Law Group

Targets: Restaurant websites, hotel booking sites

👤 Sumaya Hussein

Lawsuits filed: 9+ lawsuits

Represented by: Equal Access Law Group

Targets: E-commerce, appointment booking sites

👤 Daniel Barlow

Lawsuits filed: 6+ lawsuits

Represented by: Equal Access Law Group

Targets: Dental practice websites, medical booking

👤 William Odonnell

Lawsuits filed: 5+ lawsuits

Represented by: Equal Access Law Group

Targets: Small business websites, local retailers

⚠️ The Law Firm Behind the Wave: Equal Access Law Group has filed over 1,000 lawsuits since 2024 — including all 100+ cases filed by these plaintiffs. They are highly organized and extremely active.

Why Small Businesses Are Primary Targets

Factor Small Business Impact Lower legal budgets Can't afford $50,000+ to fight a lawsuit Less likely to fight back Settle quickly to avoid legal costs Often unaware of requirements More likely to have accessibility violations Quick settlements $10,000-$50,000 is worth it to plaintiffs

"These plaintiffs aren't trying to access your services — they're running a business model. They find websites with violations, file lawsuits, and collect settlements. Small businesses are easy targets because they can't afford to fight."

Most Common Violations Cited in Tester Lawsuits

Violation % of Lawsuits WCAG Criterion
Missing alt text on images 87% 1.1.1
Poor color contrast 76% 1.4.3
Missing form labels 68% 3.3.2
No keyboard accessibility 62% 2.1.1
Missing focus indicators 58% 2.4.7

🔍 Check for These Violations

Free ADA compliance scan — find the exact issues serial plaintiffs look for.

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How Serial Plaintiffs Find Your Website

  • Automated scanning tools: They use software to scan thousands of websites daily
  • Targeted industries: They focus on industries known for accessibility issues (e-commerce, restaurants, healthcare)
  • Geographic targeting: They focus on states with favorable laws (NY, FL, CA)
  • Competitor referrals: Sometimes competitors report non-compliant websites

The Demand Letter Process — What to Expect

📬 When You Receive a Demand Letter:

  1. You receive a letter listing alleged accessibility violations
  2. Plaintiff offers to settle for $10,000-$50,000
  3. You have 30-60 days to respond
  4. If you ignore it, they file a federal lawsuit (costs increase dramatically)

⚠️ Don't Ignore Demand Letters: Ignoring a demand letter almost guarantees a federal lawsuit. Legal fees alone will exceed settlement costs.

How to Protect Your Business from Tester Plaintiffs

🛡️ 5-Step Protection Plan

  • Step 1: Run a Free ADA Compliance Scan Today — Use AccessiTool's free ADA checker to identify violations before plaintiffs do.
  • Step 2: Fix Critical Violations First — Focus on missing alt text, color contrast, and keyboard issues.
  • Step 3: Document Your Fixes — Keep records of scans, fixes, and accessibility statements. This is your defense.
  • Step 4: Publish an Accessibility Statement — Provide a clear way for users to report issues (shows good faith).
  • Step 5: Regular Scanning (Monthly) — New content can introduce new violations. Scan monthly.

🛡️ Don't Be Their Next Target

Free ADA compliance scan — identify issues before serial plaintiffs do.

Protect Your Business Now →

No signup. Instant results. WCAG 2.1 Level AA.

What to Do If You Receive a Demand Letter

  1. Don't panic — You're not alone. Thousands of businesses receive these letters.
  2. Don't ignore it — Ignoring leads to federal lawsuits and higher costs.
  3. Run an immediate scan — Use AccessiTool's free ADA checker to verify the alleged violations.
  4. Fix the issues — Document your fixes immediately.
  5. Consult an attorney — An experienced ADA defense attorney can negotiate better settlements.
  6. Consider settlement — Settling for $10,000-$30,000 is often cheaper than fighting.

State Laws That Attract Tester Plaintiffs

State Why Attractive % of Lawsuits
New York Plaintiff-friendly courts, high settlements 62%
California Unruh Act ($4,000 minimum per violation) 12%
Florida Fastest-growing venue 8%

🔴 If you do business in NY, CA, or FL: Your risk is significantly higher. These states account for 80%+ of all ADA website lawsuits.

Internal Links — More Resources

Frequently Asked Questions

❓ What is a "tester" plaintiff?
A tester plaintiff is someone who visits websites specifically to find ADA violations — not to use the site, but to file lawsuits and collect settlements. They often file dozens or hundreds of similar lawsuits.
❓ How many lawsuits have serial plaintiffs filed?
In recent months, serial plaintiffs filed over 100+ lawsuits. The law firm representing them, Equal Access Law Group, has filed over 1,000 lawsuits since 2024.
❓ How can I protect my business from tester plaintiffs?
Run regular ADA compliance scans (free at AccessiTool), fix critical violations, document everything, and publish an accessibility statement. Prevention is far cheaper than settlements.
❓ What should I do if I receive a demand letter?
Don't ignore it. Run an immediate ADA scan, fix the issues, document fixes, and consult an attorney. Settlements typically range from $10,000-$30,000 — cheaper than fighting.

Final Thoughts

Serial "tester" plaintiffs are actively targeting small businesses — and they're not stopping. With over 100 lawsuits filed in recent months and law firms like Equal Access Law Group filing 1,000+ cases, your business could be next.

The good news? You can protect yourself. Run a free ADA compliance scan today. Fix the critical violations. Document everything. Don't become their next settlement check.

🚀 Don't Become a Target

Free ADA compliance scan — identify violations before serial plaintiffs do.

Protect Your Business Now →

No signup. Instant results. WCAG 2.1 Level AA.

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