ADA Website Accessibility Lawsuit: An online skincare retailer

Plaintiff Portia Mason, individually and on behalf of others similarly situated, filed a class action complaint against an online skincare retailer in the United States District Court for the Central District of California on April 14, 2022. The plaintiff, a visually impaired and legally blind individual, alleges that the e-commerce website is inaccessible, thereby denying her and other disabled users full and equal enjoyment of the digital platform's goods and services, as well as those offered in conjunction with its physical locations.

The complaint details several alleged WCAG violations, including the lack of alternative text for non-text elements and linked images, empty links without descriptive text, redundant links, and web pages missing titles that describe their topic or purpose. Further barriers cited are issues with keyboard operability where the focus indicator is not discernible, the inability to programmatically determine the default human language of web pages, and the presence of inaccessible Portable Document Format (PDFs). These deficiencies are alleged to prevent screen-reading software from properly conveying content, leading to discrimination under the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act.

This lawsuit highlights the significant legal risks faced by companies, particularly e-commerce businesses, whose digital platforms do not adhere to established accessibility guidelines like WCAG 2.1. Failure to provide an equally accessible online experience for visually impaired users can result in class action litigation seeking permanent injunctions to correct access barriers, as well as statutory damages and attorneys' fees, compelling such businesses to prioritize digital inclusion and compliance.