ADA Website Accessibility Lawsuit: an online luxury lingerie retailer
Plaintiff's Firm: WILSHIRE LAW FIRM
Case Summary
Plaintiff Thuy Thanh Alonzo, represented by WILSHIRE LAW FIRM, filed this federal complaint on October 26, 2021, in the United States District Court for the Central District of California, alleging that an online luxury lingerie retailer's website is inaccessible to blind and visually-impaired users.
The lawsuit details numerous Web Content Accessibility Guidelines (WCAG) violations, including a lack of alternative text for non-text elements, images, and linked images, making content unreadable by screen-reading software. Other issues cited involve the absence of proper text for title frames, inadequate equivalent text for scripts, inaccessible forms that do not offer the same functionality as for sighted users, content that cannot be resized, and web pages lacking descriptive titles. Additionally, the complaint points to problems with keyboard operability due to missing focus indicators, empty links, redundant links, and inaccessible Portable Document Format (PDFs), preventing visually-impaired individuals from fully accessing the services and products offered on the e-commerce website.
This action highlights the significant legal risks faced by e-commerce fashion retailers and similar online businesses that fail to ensure their digital platforms comply with ADA Title III and California's Unruh Civil Rights Act. Such non-compliance can lead to demands for permanent injunctions requiring website modifications, potential statutory minimum damages of $4,000 per offense per person, and the recovery of attorneys' fees and expenses for each violation, emphasizing the critical need for comprehensive website accessibility audits and remediation.
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Case Q&A
What specific WCAG violations is this online luxury lingerie retailer accused of?
The retailer is accused of a lack of alternative text for non-text elements and images, missing text for title frames, inadequate equivalent text for scripts, inaccessible forms, content that cannot be resized, and web pages lacking descriptive titles. Further violations include keyboard navigation issues due to missing focus indicators, empty links, redundant links, and inaccessible Portable Document Format (PDFs).
Who filed this lawsuit, and which law firm?
The lawsuit was filed by Thuy Thanh Alonzo, represented by the law firm WILSHIRE LAW FIRM.
What legal risk does this create?
This creates a legal risk for similar online businesses of facing demands for permanent injunctions to make their websites accessible, statutory damages, and the recovery of attorneys' fees and expenses for each violation under ADA Title III and California's Unruh Civil Rights Act.