ADA Website Accessibility Lawsuit: an Online Apparel Retailer
Plaintiff's Firm: WILSHIRE LAW FIRM, PLC
Case Summary
Portia Mason, a visually impaired individual, has filed a class action lawsuit against an online apparel retailer in the United States District Court for the Central District of California on August 19, 2021. The plaintiff, represented by WILSHIRE LAW FIRM, PLC, alleges that the defendant's e-commerce website is inaccessible to blind and visually impaired users, violating the Americans with Disabilities Act (ADA) Title III and California's Unruh Civil Rights Act.
The complaint specifically alleges numerous accessibility barriers on the defendant's website, including lack of alternative text for non-text elements and linked images, empty links without descriptive text, redundant links, and the absence of equivalent text for scripts. Further issues include web pages lacking descriptive titles, user interface components without discernible keyboard focus indicators, and the inability to programmatically determine the default human language of web pages. The suit also points to inaccessible Portable Document Format (PDFs) and a failure to programmatically determine the name and role of user interface elements.
This class action highlights the significant legal risks for e-commerce and retail businesses that fail to ensure their digital platforms comply with ADA Title III and California's Unruh Civil Rights Act. Non-compliant websites can lead to costly litigation, statutory damages, and mandated injunctive relief requiring extensive accessibility modifications, underscoring the necessity for comprehensive WCAG 2.1 guideline adherence.
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Case Q&A
What specific WCAG violations is this online apparel retailer accused of?
The online apparel retailer is accused of numerous WCAG violations, including lack of alternative text for non-text elements and linked images, empty links, redundant links, missing equivalent text for scripts, web pages without descriptive titles, and inaccessible PDFs.
Who filed this lawsuit, and which law firm?
Portia Mason filed this lawsuit, represented by WILSHIRE LAW FIRM, PLC.
What legal risk does this create?
This case signifies that businesses operating e-commerce websites face substantial legal exposure under ADA Title III and California's Unruh Civil Rights Act if their digital platforms are not fully accessible to visually impaired users, potentially leading to injunctions, statutory damages, and legal fees.