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ADA Website Accessibility Lawsuit: an online beauty retailer

Case # · District Court, C.D. California · Filed August 5, 2021

Plaintiff's Firm: WILSHIRE LAW FIRM

WCAG 2.1 AAMissing Alt TextKeyboard Navigation FailureForm AccessibilityInaccessible PDFs

Case Summary

Plaintiff Tyrone Thompson has filed an ADA Title III website accessibility lawsuit against an online beauty retailer in the United States District Court for the Central District of California on August 5, 2021. The plaintiff, represented by WILSHIRE LAW FIRM, alleges that the retailer's e-commerce platform is not fully accessible to visually-impaired users.

The complaint details numerous website accessibility barriers, including the lack of alternative text for non-text elements and linked images, missing title frames for identification and navigation, and an absence of equivalent text for scripts. Forms are not provided with the same information and functionality for visually-impaired users, and content structure is not conveyed beyond visual presentation. Users also face issues with text resizing, time limits, and the inability to programmatically determine link purposes and user interface element roles. Additionally, there are problems with keyboard operability, discernible focus indicators, and inaccessible Portable Document Format (PDFs).

This lawsuit highlights significant legal risks for any online business operating e-commerce websites and physical locations that fail to comply with ADA Title III and state civil rights acts. Such companies could face similar class action lawsuits seeking injunctive relief to implement WCAG 2.1 guidelines and substantial statutory damages, emphasizing the critical need for comprehensive digital accessibility.

Case Q&A

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

The online beauty retailer is accused of numerous WCAG violations, including missing alt-text for images and non-text elements, lack of title frames for navigation, absence of equivalent text for scripts and forms, and content structure not conveyed beyond visual presentation. Other issues include text resizing problems, enforced time limits, indiscernible keyboard focus indicators, and inaccessible PDFs.

Who filed this lawsuit, and which law firm?

Tyrone Thompson filed this lawsuit, represented by WILSHIRE LAW FIRM.

What legal risk does this create?

This case underscores the legal risk for all online businesses that do not ensure their websites are fully accessible to users with disabilities, potentially leading to class action lawsuits, demands for injunctive relief to achieve WCAG compliance, and statutory damages under ADA Title III and similar state laws.

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