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ADA Website Accessibility Lawsuit: online chocolate retailer

Case # · District Court, C.D. California · Filed October 26, 2021

Plaintiff's Firm: WILSHIRE LAW FIRM

WCAG 2.1 AAMissing Alt TextKeyboard Focus Indication FailureUnlabeled Form FieldsInaccessible PDFs

Case Summary

Plaintiff Nataly Morales, represented by Wilshire Law Firm, filed a lawsuit against an online chocolate retailer in the United United States District Court for the Central District of California on October 26, 2021. The complaint alleges violations of the Americans with Disabilities Act (ADA) Title III and California's Unruh Civil Rights Act, asserting that the defendant's e-commerce website is inaccessible to blind and visually-impaired individuals.

The lawsuit details numerous WCAG violations, including a lack of alternative text for non-text elements and linked images, empty links, redundant links, forms with unequal functionality, content conveying meaning solely through visual presentation, non-resizable text, content enforcing unadjustable time limits, web pages lacking descriptive titles, unidentifiable link purposes, keyboard operable user interfaces lacking discernible focus indicators, undetermined default human language, context changes upon focus or UI setting alterations without user advice, missing labels or instructions for user input, and inaccessible Portable Document Format (PDFs).

This action highlights the significant legal risk for other businesses operating e-commerce websites if their digital platforms fail to comply with WCAG 2.1 guidelines and ADA Title III requirements. Businesses may face similar class action lawsuits, demanding injunctive relief to rectify accessibility barriers and statutory damages for denying equal access to disabled users, emphasizing the importance of proactive digital accessibility measures.

Case Q&A

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

The online chocolate retailer is accused of lacking alternative text for non-text elements and linked images, having empty links, redundant links, forms with unequal functionality, content relying solely on visual presentation, non-resizable text, content with unadjustable time limits, web pages without descriptive titles, unidentifiable link purposes, keyboard focus issues, undetermined default language, context changes on focus or UI setting change, missing labels for input, and inaccessible PDFs.

Who filed this lawsuit, and which law firm?

Plaintiff Nataly Morales filed this lawsuit, represented by Wilshire Law Firm.

What legal risk does this create?

This lawsuit creates a legal risk for other businesses with e-commerce websites that are not accessible to visually-impaired individuals, as they may face similar class action lawsuits under ADA Title III and state civil rights acts, demanding injunctive relief and statutory damages.

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