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ADA Website Accessibility Lawsuit: Online Jewelry Retailer

Case # · District Court, C.D. California · Filed December 18, 2020

Plaintiff's Firm: WILSHIRE LAW FIRM

WCAG 2.1 AAADA Title III WebsiteMissing Alt TextKeyboard Navigation FailureForm Field AccessibilityLink Purpose Not ClearInaccessible PDFs

Case Summary

Richard Paul Merrell, a legally blind individual, filed a class action lawsuit against an online jewelry retailer in the United States District Court for the Central District of California on December 18, 2020. Mr. Merrell is represented by Wilshire Law Firm in this action.

The complaint alleges violations of the Americans with Disabilities Act (ADA) Title III and California's Unruh Civil Rights Act, citing numerous website accessibility barriers. These include a lack of alternative text for graphics and images, empty links without descriptive text, redundant links, and linked images missing alt-text, which prevent screen readers from conveying essential information about products, collections, and services. Further issues cited involve forms lacking equivalent functionality for sighted users, content not being resizable, web pages without clear titles, and user interface elements that cannot be programmatically determined or operated via keyboard.

This lawsuit highlights significant legal risks for e-commerce businesses, particularly those in the jewelry sector, regarding website accessibility. Companies failing to ensure their digital platforms are fully usable by visually impaired individuals using screen-reading software face potential class action lawsuits, demands for injunctive relief to implement WCAG 2.1 guidelines, and exposure to statutory damages and attorney's fees under state and federal accessibility laws.

Case Q&A

What specific WCAG violations is this online jewelry retailer accused of?

The online jewelry retailer is accused of lacking alternative text for graphics and images, having empty links without descriptive text, using redundant links that lead to the same URL, and including linked images that are missing alt-text. Other issues include forms lacking equivalent functionality, content not being resizable, and user interface elements that are not programmatically determinable.

Who filed this lawsuit, and which law firm?

Richard Paul Merrell filed this lawsuit, and the plaintiff is represented by Wilshire Law Firm.

What legal risk does this create?

This case underscores the legal risk for businesses whose websites are not accessible to visually impaired users, potentially leading to class action lawsuits, injunctions requiring costly website modifications to comply with WCAG 2.1 guidelines, and liability for statutory damages and legal fees under the ADA and California's Unruh Civil Rights Act.

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