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ADA Website Accessibility Lawsuit: Medical Testing Provider

Case # · District Court, C.D. California · Filed January 28, 2020

Plaintiff's Firm: NYE, STIRLING, HALE & MILLER, LLP

Inaccessible Touchscreen KiosksScreen Reader IncompatibilityKeyboard Navigation FailureMissing Accessible LabelsADA Title III Digital Services

Case Summary

Luke Davis, Julian Vargas, and the American Council of the Blind have filed a class action lawsuit against a national medical testing provider in the United States District Court for the Central District of California on September 3, 2020.

The complaint alleges that the provider's self-service check-in touchscreen kiosks, website, and mobile application are inaccessible to visually impaired individuals. Specific violations include the inability to independently and privately enter personal information on kiosks, a website with inaccessible parts requiring sighted assistance, and an app with navigation difficulties due to inconsistent drag/swipe behavior, unreliable Voiceover activation for menu buttons, poorly labeled or ineffective screen elements, unidentifiable selected tabs, and inaccessible buttons and financial coverage options for screen readers. Furthermore, an online feedback form had inaccessible required fields, preventing submission.

This action highlights the significant legal risks faced by healthcare providers and other businesses utilizing digital check-in systems, websites, and mobile applications that fail to comply with accessibility standards under the Americans with Disabilities Act. Organizations that do not provide auxiliary aids and services, such as screen reader compatibility and accessible user interfaces, risk legal challenges seeking injunctive relief and statutory damages for denying equal access to their services.

Case Q&A

What specific WCAG violations is this medical services provider accused of?

The allegations include inaccessible self-service touchscreen kiosks, a website requiring sighted assistance, and a mobile app with navigation issues, unreliable Voiceover activation, poorly labeled elements, and inaccessible buttons and forms for screen readers.

Who filed this lawsuit, and which law firm?

Luke Davis, Julian Vargas, and the American Council of the Blind filed this lawsuit, represented by Nye, Stirling, Hale & Miller, LLP.

What legal risk does this create?

This case demonstrates the legal exposure for healthcare service providers whose digital platforms, including kiosks, websites, and mobile apps, are not fully accessible to disabled users, potentially leading to lawsuits seeking injunctive relief and damages.

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