ADA Website Accessibility Lawsuit: A Clothing Resale Company
Plaintiff's Firm: WILSHIRE LAW FIRM
Case Summary
Plaintiff Thuy Thanh Alonzo has filed a class action lawsuit in the United States District Court for the Central District of California on October 27, 2021, against an online clothing resale company. The lawsuit alleges that the company's website fails to be fully and equally accessible to and independently usable by visually-impaired individuals, constituting a violation of the Americans with Disabilities Act (ADA) Title III and California's Unruh Civil Rights Act.
The complaint details a range of WCAG violations, including a pervasive lack of alternative text for non-text elements, images, and linked images, which prevents screen-readers from describing visual content. Further issues cited include empty links, redundant links, forms lacking equivalent functionality for visually-impaired users, content meaning not conveyed beyond visual presentation, and text that cannot be resized without functionality loss. The website also reportedly suffers from keyboard operability issues due to a lack of discernible focus indicators, web pages without descriptive titles, and inaccessible Portable Document Formats (PDFs).
This legal action underscores the imperative for online businesses, especially e-commerce platforms, to prioritize digital accessibility. Failure to implement WCAG 2.1 guidelines for websites can result in significant legal exposure, including injunctive relief to mandate accessibility improvements and statutory damages under both federal and state civil rights laws, highlighting the ongoing risk for non-compliant businesses.
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Case Q&A
What specific WCAG violations is this online clothing resale company accused of?
The online clothing resale company is accused of numerous WCAG violations, including a lack of alternative text for images and graphics, empty links, redundant links, and linked images missing alt-text. Other alleged issues include non-resizable text, web pages without descriptive titles, keyboard navigation problems due to a lack of discernible focus indicators, and inaccessible Portable Document Formats (PDFs).
Who filed this lawsuit, and which law firm?
Thuy Thanh Alonzo filed this lawsuit, represented by Wilshire Law Firm.
What legal risk does this create?
This creates a legal risk for other online clothing resale companies and similar businesses, as it highlights the potential for lawsuits under ADA Title III and state civil rights acts if their websites are not accessible to visually-impaired individuals and do not comply with WCAG 2.1 guidelines.