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ADA Website Accessibility Lawsuit: an online clothing and accessories retailer

Case # · District Court, S.D. Florida · Filed April 7, 2020

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 2.1 AANon-Text Content (1.1.1)Info and Relationships (1.3.1)Meaningful Sequence (1.3.2)Status Messages (4.1.3)

Case Summary

Windy Lucius, represented by J. Courtney Cunningham, PLLC, has filed an ADA Title III lawsuit against an online clothing and accessories retailer in the United States District Court, Southern District of Florida, Miami Division, on April 7, 2020.

The plaintiff alleges the mobile application suffers from numerous accessibility barriers for visually impaired users. Specific violations include an inaccessible promo code field, color dropdowns announced only as text without indicating selectability, and incorrect announcements of product option selections. The complaint further details non-compliance with WCAG guidelines such as 1.1.1 (Non-Text Content) due to unlabeled image slider buttons, 1.3.1 (Info and Relationships) because out-of-stock items lack proper indication, and 1.3.2 (Meaningful Sequence) with incorrect tab order. Other issues cited involve WCAG 3.3.2 (Labels or Instructions) for text-only color dropdowns, 4.1.2 (Name, Role, Value) for inaccurate size confirmations, 2.4.6 (Headings and Labels) for unexplained sale prices, and 4.1.3 (Status Messages) as cart updates are not announced.

This case highlights the ongoing legal risks for e-commerce businesses and mobile app developers whose digital platforms are not fully accessible to individuals with disabilities. Companies operating similar retail apps must ensure their applications are designed and maintained to integrate seamlessly with assistive technologies like screen readers, complying with ADA Title III and WCAG standards to avoid potential lawsuits and ensure equal access for all consumers.

Case Q&A

What specific WCAG violations is this online clothing and accessories retailer accused of?

The mobile app is accused of violations including inaccessible promo code fields, color dropdowns announced only as text, incorrect product option announcements, unlabeled image slider buttons (WCAG 1.1.1), out-of-stock items lacking proper indication (WCAG 1.3.1), incorrect tab order (WCAG 1.3.2), inaccurate size confirmations (WCAG 4.1.2), unexplained sale prices (WCAG 2.4.6), and unannounced cart updates (WCAG 4.1.3).

Who filed this lawsuit, and which law firm?

Windy Lucius filed this lawsuit, represented by J. Courtney Cunningham, PLLC.

What legal risk does this create?

This case underscores the risk for e-commerce and mobile app businesses that fail to ensure their digital platforms are accessible to users with disabilities, potentially leading to ADA Title III lawsuits and requiring costly remediation to comply with accessibility standards like WCAG.

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