ADA Website Accessibility Lawsuit: an online shirt retailer
Plaintiff's Firm: WILSHIRE LAW FIRM
Case Summary
Plaintiff Brett DeSalvo, represented by WILSHIRE LAW FIRM, filed a federal class action complaint in the United States District Court for the Central District of California on February 22, 2021. The lawsuit targets an online shirt retailer, alleging that its website fails to be fully and equally accessible to blind and visually impaired individuals, thereby violating the Americans with Disabilities Act (ADA) Title III and California's Unruh Civil Rights Act.
The complaint details numerous WCAG violations, including a lack of alternative text for non-text elements and images within links, empty links without descriptive text, and redundant links. Further alleged barriers include the absence of title frames for identification and navigation, no equivalent text for scripts, inaccessible forms, content structure not conveyed programmatically, non-resizable text, problematic time limits, missing web page titles, undeterminable link purposes, and keyboard operable user interfaces lacking discernible focus indicators. Additional issues comprise unprogrammatically determined language, unexpected context changes on UI component focus, insufficient labels or instructions for user input, markup language errors, and inaccessible Portable Document Format (PDFs).
This case underscores the significant legal exposure for businesses with e-commerce websites that do not meet digital accessibility standards. Companies failing to ensure their online platforms are independently usable by individuals with visual impairments, especially those using screen-reading software, face potential class action lawsuits, demands for injunctive relief to remediate accessibility flaws, and statutory damages under both federal and state accessibility laws.
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Case Q&A
What specific WCAG violations is this online shirt retailer accused of?
The online shirt retailer is accused of numerous WCAG violations, including missing alternative text for non-text elements and linked images, empty and redundant links, missing title frames, inaccessible forms, non-resizable text, and inaccessible Portable Document Format (PDFs).
Who filed this lawsuit, and which law firm?
Plaintiff Brett DeSalvo filed this lawsuit, represented by WILSHIRE LAW FIRM.
What legal risk does this create?
This lawsuit demonstrates the significant legal risk for online businesses that fail to make their websites accessible to visually impaired users, potentially leading to class action litigation, demands for injunctive relief, and statutory damages under ADA Title III and state civil rights acts.