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ADA Website Accessibility Lawsuit: an online real estate platform

Case # · District Court, S.D. Florida · Filed April 10, 2020

Plaintiff's Firm: ACACIA BARROS, P.A.

WCAG 2.0 Level AIdentical Alt Text (H37)Missing Form Labels (F86)Keyboard Navigation (Onkeypress Equivalent)Screen Reader Incompatibility (CSS Content F87)

Case Summary

Plaintiff Raymond T. Mahlberg, on behalf of himself and others similarly situated, has filed a class action lawsuit in the United States District Court, Southern District of Florida, Miami Division on April 8, 2020, against an online real estate platform. The complaint alleges that the platform's website and digital application are not fully and equally accessible to and independently usable by blind and visually impaired individuals under ADA Title III.

The lawsuit specifically details several Web Content Accessibility Guidelines (WCAG) violations, including image elements having the same alt attribute on the same page (WCAG 2.0 A H37), inappropriate use of null alt text for ignorable images (WCAG 2.0 A H67), missing labels for input fields within groups (WCAG 2.0 A F86), onclick handlers lacking equivalent onkeypress handlers, and CSS-inserted content being unreadable by screen readers or unavailable with style sheets turned off (WCAG 2.0 A F87).

This case highlights the ongoing legal risks faced by online service providers, particularly those in the real estate sector, who fail to ensure their digital platforms are fully accessible to individuals with visual impairments. Businesses operating similar websites and mobile applications that are integral to their services must ensure compliance with ADA Title III to avoid potential injunctive relief, attorney's fees, and litigation costs.

Case Q&A

What specific WCAG violations is this real estate platform accused of?

The platform is accused of image elements having identical alt attributes (WCAG 2.0 A H37), incorrect application of null alt text for ignorable images (WCAG 2.0 A H67), missing labels for input fields within groups (WCAG 2.0 A F86), onclick handlers without equivalent onkeypress handlers, and CSS-inserted content that is not readable by screen readers or accessible with style sheets turned off (WCAG 2.0 A F87).

Who filed this lawsuit, and which law firm?

Raymond T. Mahlberg filed this lawsuit, represented by Acacia Barros, P.

What legal risk does this create?

This case signifies the ongoing legal vulnerability for online businesses that do not ensure their digital services are accessible to visually impaired users, potentially leading to injunctive relief, demands for attorney's fees, and other litigation expenses under ADA Title III.

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