ADA Website Accessibility Lawsuit: A Menswear Retailer
Plaintiff's Firm: WILSHIRE LAW FIRM
Case Summary
Plaintiff Brett DeSalvo, represented by WILSHIRE LAW FIRM, filed a class action lawsuit on January 7, 2020, in the United States District Court for the Central District of California. The complaint targets an online menswear retailer, alleging widespread digital accessibility barriers on its e-commerce website that prevent blind and visually-impaired individuals from fully accessing its products and services, in violation of ADA Title III and California's Unruh Civil Rights Act.
The lawsuit specifies numerous WCAG violations, including the lack of alternative text (alt-text) for graphics and images, empty links without descriptive text, redundant links leading to the same URL, and linked images missing alt-text. Further accessibility issues cited are web pages lacking descriptive titles, links with indeterminate purposes, an absence of keyboard operable user interface focus indicators, and programmatically undeterminable default human languages for web pages. Additionally, the site's content enforces time limits that cannot be extended, lacks labels or instructions for user input, contains improperly structured markup elements, features inaccessible Portable Document Formats (PDFs), and prevents programmatic determination of user interface element names, roles, and changes.
This complaint underscores the significant legal risks faced by online businesses, especially those with an integrated physical presence, if their digital platforms fail to meet accessibility standards like WCAG 2.0/2.1. Similar entities could face lawsuits demanding costly injunctive relief for website remediation, along with statutory damages and legal fees, emphasizing the imperative for comprehensive digital accessibility to avoid discrimination claims and ensure equal access for all users.
Unlock Full Intelligence Report
Obtain the technical WCAG violation analysis, target metadata, and legal stakes for Case #.
Case Q&A
What specific WCAG violations is this online menswear retailer accused of?
The online menswear retailer is accused of numerous WCAG violations, including a lack of alternative text (alt-text) for non-text elements and images, empty links, redundant links, linked images missing alt-text, and web pages without descriptive titles. Further issues include indeterminate link purposes, missing keyboard focus indicators, undeterminable default human languages, enforced time limits, missing labels/instructions for user input, improperly structured markup, inaccessible PDFs, and unprogrammable user interface elements.
Who filed this lawsuit, and which law firm?
The lawsuit was filed by Plaintiff Brett DeSalvo, represented by WILSHIRE LAW FIRM.
What legal risk does this create?
This lawsuit creates a legal risk for other online retailers that their websites may be found in violation of the Americans with Disabilities Act and similar state laws if they are not fully accessible to visually-impaired users. It highlights the potential for injunctive relief, statutory damages, and legal fees for non-compliant businesses.