ADA Website Accessibility Lawsuit: Online Fashion Retailer
Plaintiff's Firm: WILSHIRE LAW FIRM
Case Summary
Portia Mason, represented by WILSHIRE LAW FIRM, has filed a class action lawsuit in the United States District Court for the Central District of California on October 29, 2021. The complaint targets an online fashion retailer for alleged failures to provide a website fully accessible to visually-impaired individuals, in violation of the Americans with Disabilities Act (ADA) Title III and California’s Unruh Civil Rights Act.
The lawsuit alleges that the e-commerce website contains numerous accessibility barriers, including a pervasive lack of alternative text for graphics, images, and linked images, which prevents screen readers from vocalizing descriptions of visual content. Other identified violations include empty links, redundant links, forms lacking equivalent information and functionality for screen reader users, web pages missing descriptive titles, and user interface elements that cannot be programmatically determined.
This litigation highlights the significant legal risks faced by businesses operating digital platforms that do not comply with established web accessibility guidelines, such as WCAG 2.1. Non-compliant businesses may be subject to permanent injunctions, statutory damages, and attorneys' fees, compelling them to invest in extensive remediation to ensure their websites are independently usable by individuals with disabilities.
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Case Q&A
What specific WCAG violations is this online fashion retailer accused of?
This online fashion retailer is accused of lacking alternative text for graphics and images, having empty and redundant links, forms lacking equivalent information and functionality, web pages missing descriptive titles, and user interface elements that cannot be programmatically determined.
Who filed this lawsuit, and which law firm?
Portia Mason filed this lawsuit, represented by WILSHIRE LAW FIRM.
What legal risk does this create?
This creates a legal risk for other businesses with digital platforms that are not accessible to disabled users, potentially leading to lawsuits seeking permanent injunctions, statutory damages, and attorney's fees for non-compliance with ADA Title III and state accessibility laws.