ADA Website Accessibility Lawsuit: an online beauty products retailer
Plaintiff's Firm: WILSHIRE LAW FIRM
Case Summary
Plaintiff, BRETT DESALVO, represented by WILSHIRE LAW FIRM, filed a class action complaint in the United States District Court for the Central District of California on January 7, 2020. The lawsuit targets an online beauty products retailer, alleging that its e-commerce website is not fully accessible to blind and visually-impaired individuals.
The complaint details specific accessibility barriers encountered by the plaintiff, including the lack of alternative text for non-text elements and linked images, resulting in screen readers being unable to describe graphics or images. Other issues include empty links lacking descriptive text, redundant links leading to repetitive navigation, forms without equivalent information and functionality for sighted persons, and content structure not conveyed visually. Further allegations include web pages lacking descriptive titles, links whose purpose cannot be determined from text alone, keyboard focus indicators being indiscernible, default human language not programmatically determined, unexpected context changes upon component focus or setting changes, missing labels or instructions for user input, and markup language errors such as incomplete tags, improper nesting, duplicate attributes, or non-unique IDs. The complaint also points to inaccessible Portable Document Format (PDFs) and user interface elements whose name, role, or settable properties cannot be programmatically determined or notified to assistive technology.
This legal action highlights a significant risk for e-commerce websites and similar digital platforms that fail to adhere to established web content accessibility guidelines. Such failures can lead to claims under the Americans with Disabilities Act Title III and state-level civil rights acts, resulting in demands for injunctive relief to remediate inaccessible features, statutory minimum damages, attorneys' fees, and costs. The case underscores the importance of proactive digital accessibility compliance for businesses operating online to avoid litigation and ensure equal access for all users.
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Case Q&A
What specific WCAG violations is this online beauty products retailer accused of?
The retailer is accused of lacking alternative text for non-text elements and linked images, having empty and redundant links, forms without equivalent accessibility, missing information on content structure, pages without descriptive titles, unidentifiable link purposes, indiscernible keyboard focus indicators, unprogrammatically determined language, unexpected context changes, missing labels for input, markup errors, inaccessible PDFs, and non-programmatically determined UI elements.
Who filed this lawsuit, and which law firm?
BRETT DESALVO filed this lawsuit, represented by WILSHIRE LAW FIRM.
What legal risk does this create?
This case demonstrates the legal risk for online businesses of facing class action lawsuits under the ADA and state civil rights acts for website accessibility failures. Penalties can include costly injunctive relief to implement accessibility, statutory damages, and legal fees.