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ADA Website Accessibility Lawsuit: An Online Retailer of Design Goods

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

Plaintiff's Firm: WILSHIRE LAW FIRM

WCAG 2.1 AAMissing Alt TextKeyboard Navigation FailureInaccessible FormsUnclear Link Purpose

Case Summary

Plaintiff Nataly Morales filed a class action lawsuit against an online retailer of design goods in the United States District Court for the Central District of California on October 26, 2021. The complaint alleges that the defendant's website is not fully and equally accessible to blind and visually-impaired individuals, violating the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act. The plaintiff seeks a permanent injunction to mandate that the defendant's website becomes and remains accessible to blind and visually-impaired consumers, with compliance to WCAG 2.1 guidelines.

The complaint details several accessibility barriers encountered, including a lack of alternative text for non-text elements and images, empty links without descriptive text, redundant links, forms not providing the same information and functionality as for sighted persons, content information not conveyed by more than visual presentation, text not resizable without assistive technology, time limits on content, web pages lacking titles, link purposes not determinable from text alone, keyboard operable user interface lacking a discernible focus indicator, and missing labels or instructions for user input. Additionally, markup language issues like incomplete tags, improper nesting, duplicate attributes, non-unique IDs, inaccessible Portable Document Formats (PDFs), and unprogrammatically determined user interface elements are cited.

This lawsuit highlights the significant legal exposure for online retailers and other businesses whose websites fail to adhere to established web accessibility guidelines, such as WCAG 2.1. Non-compliant digital platforms risk class action litigation under federal and state disability laws, demanding injunctive relief for website modifications, statutory damages, attorney fees, and costs, thereby underscoring the necessity of proactive digital accessibility measures.

Case Q&A

What specific WCAG violations is this online retailer accused of?

The specific violations include a lack of alternative text for non-text elements and images, empty links, redundant links, forms lacking equivalent functionality for sighted users, information conveyed only visually, text not resizable without assistive technology, enforced time limits on content, missing web page titles, indeterminable link purposes, keyboard navigation focus issues, undeclared default language, automatic context changes on focus, missing labels/instructions, markup language errors, inaccessible PDFs, and unprogrammable user interface elements.

Who filed this lawsuit, and which law firm?

Nataly Morales filed this lawsuit, represented by the law firm WILSHIRE LAW FIRM.

What legal risk does this create?

This lawsuit creates a legal risk for other online retailers operating websites that are not fully accessible to visually-impaired individuals. They face potential class action lawsuits, demands for injunctive relief to remediate their websites, statutory damages, and attorney's fees under disability rights laws such as the ADA and California's Unruh Civil Rights Act.

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