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ADA Website Accessibility Lawsuit: a major retail corporation

Case # · District Court, C.D. California · Filed March 11, 2021

Plaintiff's Firm: SIRI & GLIMSTAD LLP

WCAG 2.1 AAMissing Text AlternativesKeyboard Accessibility FailureUnclear Link PurposeARIA Attribute Deficiency

Case Summary

Plaintiff Tyrone Thompson, represented by Siri & Glimstad LLP, filed a lawsuit on March 11, 2021, in the United States District Court, Central District of California, against a major retail corporation. The complaint alleges that the defendant's e-commerce website and mobile application are inaccessible to visually impaired users, violating Title III of the Americans with Disabilities Act and California's Unruh Civil Rights Act.

The complaint details numerous WCAG violations, including the absence of text equivalents for non-text elements, lack of titles for frames and web pages, inadequate identification and navigation, insufficient information conveyed by visual presentation alone, and inability to resize text without losing functionality. Further alleged barriers include issues with keyboard operability, unclear link purposes, the absence of ARIA attributes for landmarks and links, inaccessible Portable Document Formats (PDFs), and user interface elements that are not programmatically determinable or do not provide notifications of changes to assistive technology.

This litigation highlights the significant legal exposure for businesses operating digital platforms that fail to meet accessibility standards such as WCAG 2.1 AA. Non-compliance can lead to demands for permanent injunctions to remediate digital properties, statutory minimum damages, and liability for attorneys' fees and costs, particularly under ADA Title III and state-specific civil rights acts like California's Unruh Civil Rights Act.

Case Q&A

What specific WCAG violations is this major retail corporation accused of?

The major retail corporation is accused of numerous WCAG violations, including missing text equivalents for non-text elements, lack of titles for frames and web pages, inadequate keyboard navigation, unclear link purposes, inaccessible PDFs, and deficient ARIA attributes for key structural elements.

Who filed this lawsuit, and which law firm?

Tyrone Thompson filed this lawsuit, and he is represented by the law firm Siri & Glimstad LLP.

What legal risk does this create?

This creates legal risk for businesses operating similar digital platforms, including potential injunctions requiring accessibility remediation, statutory damages, and liability for attorneys' fees and costs if their websites and apps are not accessible to individuals with visual impairments.

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