ADA Website Accessibility Lawsuit: An Online Furniture and Appliance Retailer
Plaintiff's Firm: WILSHIRE LAW FIRM
Case Summary
Portia Mason, represented by WILSHIRE LAW FIRM, filed a class action lawsuit against an online furniture and appliance retailer in the United States District Court for the Central District of California on August 27, 2021.
The complaint alleges that the defendant's e-commerce website contains numerous accessibility barriers, violating the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act. Specific violations include the lack of alternative text for non-text elements and linked images, absence of text equivalents for scripts, non-discernible keyboard focus indicators, and inaccessible Portable Document Format (PDFs). Further issues comprise empty and redundant links, web pages without descriptive titles, content structure not conveyed beyond visual presentation, and the inability to resize text or disable time limits without loss of functionality. The lawsuit also notes that the default human language of web pages cannot be programmatically determined, and user interface elements lack proper programmatic determination of name, role, and state.
This action highlights the ongoing legal risks for businesses operating digital platforms that fail to adhere to established web accessibility guidelines, such as WCAG 2.1. Companies offering goods and services online, especially those integrated with physical locations, must ensure their websites are fully and equally accessible to visually impaired individuals to avoid similar litigation, potential injunctions, and statutory damages under federal and state accessibility laws.
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Case Q&A
What specific WCAG violations is this online furniture and appliance retailer accused of?
The retailer is accused of several violations, including lacking alternative text for images, having empty and redundant links, providing inaccessible PDF documents, failing to ensure keyboard navigation is discernible, and not programmatically determining the default human language of web pages. Other issues include a lack of text equivalents for non-text elements and scripts, web pages without descriptive titles, and user interface elements lacking proper programmatic determination.
Who filed this lawsuit, and which law firm?
The lawsuit was filed by Portia Mason, and she is represented by WILSHIRE LAW FIRM.
What legal risk does this create?
This case underscores the legal risk for businesses whose digital platforms are not accessible to visually impaired users. Such non-compliance can lead to class action lawsuits, demands for permanent injunctions to remediate websites, and significant statutory damages under the Americans with Disabilities Act and state civil rights laws.