ADA Website Accessibility Lawsuit: an online nutritional supplement retailer
Plaintiff's Firm: WILSHIRE LAW FIRM
Case Summary
Portia Mason, represented by WILSHIRE LAW FIRM, has filed a class action lawsuit against an online nutritional supplement retailer in the United States District Court for the Central District of California on October 26, 2021. The complaint alleges that the retailer's website is inaccessible to visually-impaired individuals who use screen-reading software, thereby violating the Americans with Disabilities Act (ADA) Title III and California's Unruh Civil Rights Act.
The lawsuit specifically outlines numerous WCAG violations, including the lack of alternative text for non-text elements and linked images, missing page titles, empty and redundant links, forms lacking proper identification and navigation, issues with text resizing, and the absence of discernible keyboard focus indicators. Other significant barriers noted are the inability to programmatically determine the default language of web pages, improper handling of context changes on focus, and the presence of inaccessible Portable Document Format (PDF) files.
This legal action highlights the critical importance for all businesses, particularly those operating e-commerce websites, to ensure their digital platforms are fully accessible to individuals with disabilities. Failure to comply with accessibility standards, such as WCAG 2.1, can lead to costly litigation, injunctive relief requirements, and potential statutory damages, emphasizing the ongoing legal risk for companies with inaccessible websites.
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Case Q&A
What specific WCAG violations is this online nutritional supplement retailer accused of?
The online nutritional supplement retailer is accused of lacking alternative text for non-text elements, having empty links and redundant links, providing inaccessible forms and PDFs, failing to provide discernible keyboard focus indicators, and lacking proper programmatic access for user interface elements.
Who filed this lawsuit, and which law firm?
This lawsuit was filed by Portia Mason, and she is represented by WILSHIRE LAW FIRM.
What legal risk does this create?
This lawsuit creates a significant legal risk for other businesses, indicating that inaccessible websites can lead to ADA Title III and state civil rights act violations, potentially resulting in injunctive relief, statutory damages, and attorneys' fees.