ADA Website Accessibility Lawsuit: an online clothing and homeware retailer

Windy Lucius has filed an ADA Title III lawsuit against an online clothing and homeware retailer in the United States District Court for the Southern District of Florida, Miami Division, on March 24, 2020. The complaint alleges that the defendant's mobile application is not fully accessible to visually impaired consumers, denying them equal access to its goods and services.

The lawsuit specifically alleges violations of WCAG 2.1 A and AA guidelines. For WCAG 2.1 A, issues include a lack of text alternatives for non-text content (1.1.1), missing programmatic determination of information and relationships where original and sale prices lack context (1.3.1), inaccessible text in a rotating banner preventing keyboard-only access (2.1.1), a keyboard trap where focus gets stuck after prices are announced (2.1.2), and color options lacking accessible names, roles, or values (4.1.2). For WCAG 2.1 AA, the app is cited for using images of text that are unreadable by screen readers (1.4.5), unclear headings and labels where size options are announced generically (2.4.6), and a failure to announce status messages, such as successful cart additions, to screen reader users (4.1.3).

This action highlights the increasing legal risk for businesses operating e-commerce platforms, particularly mobile applications, that fail to comply with ADA Title III requirements for digital accessibility. Companies that do not ensure their apps are fully accessible and independently usable by visually impaired individuals, including proper integration with screen reader software, face potential lawsuits seeking injunctive relief and other damages.