ADA Website Accessibility Lawsuit: Online Eyebrow Cosmetic Retailer

Plaintiff Meghan Downing, represented by WILSHIRE LAW FIRM, PLC, filed a class action lawsuit against an online cosmetic retailer in the United States District Court for the Central District of California on July 28, 2021. The complaint alleges that the defendant's website is not fully and equally accessible to blind and visually-impaired individuals, violating Title III of the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act.

The lawsuit details numerous accessibility barriers, including a lack of alternative text for non-text elements and linked images, missing title frames, equivalent text not provided for scripts, inaccessible forms, text not resizable, content with time limits without user control, web pages lacking descriptive titles, unclear link purposes, lack of discernible keyboard focus indicators, undetermined default human language, unannounced context changes, missing labels or instructions for user input, markup language errors, inaccessible Portable Document Format (PDFs), and user interface elements not programmatically determined. These violations prevent visually-impaired users from accessing products, services, and information available on the website.

This legal action highlights the ongoing risks for businesses operating e-commerce websites that fail to adhere to digital accessibility standards, such as WCAG 2.1 guidelines. Companies in the online retail sector are on notice to ensure their digital platforms are fully accessible to all users, including those who rely on screen-reading software, to avoid similar lawsuits and potential injunctive relief, statutory damages, and attorneys' fees.