Surf-by lawsuits are ballooning New York court dockets. What is a surf-by lawsuit? The term derives from the term “drive-by” lawsuits which plaintiffs filed after they drove by businesses and saw violations of the Americans with Disabilities Act (such as entrance ramps too steep for wheelchairs).
Now, any business with a website—but particularly online retailers—may have a plaintiff surfing that website and then filing a lawsuit alleging that the website violates New York’s equivalent of the Americans with Disabilities Act.