ADA Website Accessibility Lawsuit: an online fashion retailer
Plaintiff's Firm: WILSHIRE LAW FIRM
Case Summary
Plaintiff Crystal Redick, individually and on behalf of a proposed class, has filed a lawsuit against an online fashion retailer in the United States District Court for the Central District of California on July 29, 2021. The complaint alleges that the defendant's e-commerce website is not fully and equally accessible to blind and visually-impaired consumers, violating the Americans with Disabilities Act (ADA) Title III and California's Unruh Civil Rights Act.
The lawsuit specifies several critical WCAG 2.1 AA violations, including a lack of alternative text (alt-text) for graphics and images, empty links that do not present their function or purpose to screen-reader users, redundant links that cause unnecessary repetition, and linked images missing alt-text. Other alleged barriers include inaccessible Portable Document Format (PDFs) and user interface elements that cannot be programmatically determined, preventing blind and visually-impaired individuals from independently accessing the website's products and services.
This case highlights significant legal risks for online fashion retailers and other businesses operating e-commerce websites if their digital platforms fail to meet accessibility standards. Similar businesses may face class action lawsuits seeking permanent injunctions, statutory minimum damages, and reimbursement for attorneys' fees and costs, compelling them to implement WCAG 2.1 AA guidelines to ensure equal access for all users.
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Case Q&A
What specific WCAG violations is this online fashion retailer accused of?
The online fashion retailer is accused of lacking alternative text for non-text elements and images, having empty links without text descriptions, featuring redundant links, including linked images missing alt-text, and having inaccessible Portable Document Format (PDFs). Additionally, user interface elements cannot be programmatically determined.
Who filed this lawsuit, and which law firm?
This lawsuit was filed by Crystal Redick, represented by Wilshire Law Firm.
What legal risk does this create?
This creates a legal risk for similar businesses of facing class action lawsuits under ADA Title III and California's Unruh Civil Rights Act, potentially leading to injunctions, statutory damages, attorneys' fees, and orders to make their digital platforms accessible to visually-impaired individuals.