ADA Website Accessibility Lawsuit: a clothing retailer app
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Windy Lucius, represented by J. Courtney Cunningham, PLLC, filed a lawsuit in the United States District Court Southern District of Florida, Miami Division on April 28, 2020, alleging that a mobile application belonging to a clothing retailer violates Title III of the Americans with Disabilities Act.
The plaintiff, who is legally blind and uses VoiceOver screen reader software, asserts that the app contains multiple digital barriers. These include unlabeled promo banners, a promotional pop-up that does not receive focus or announcement, unlabeled quantity fields, and unlabeled review stars announced as 'unpronounceable'. Furthermore, the app lacks text alternatives for non-text content, with a twenty percent off pop-up being inaccessible, and a video without audio lacks an audio description or plain text alternative. An 'Ask Indigo' chat icon is also inaccessible to screen reader users, and a ribbon banner with promotional offers uses images of text announced as 'unpronounceable'.
This action highlights the ongoing legal risk for e-commerce and retail companies that provide mobile applications that are not fully accessible to individuals with visual impairments. Businesses are advised to ensure their digital platforms adhere to WCAG 2.1 A and AA guidelines to avoid potential discrimination lawsuits under the Americans with Disabilities Act.
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Case Q&A
What specific WCAG violations is this clothing retailer app accused of?
The app is accused of having unlabeled promo banners, a promotional pop-up that does not receive focus or announcement, unlabeled quantity fields, unlabeled review stars announced as 'unpronounceable', lack of text alternatives for non-text content (specifically a 20% off pop-up), a video without audio lacking an audio description or plain text alternative, an inaccessible chat icon, and ribbon banners using images of text that are unreadable by screen readers.
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 creates a legal risk for e-commerce and retail companies with mobile applications that are not fully accessible to visually impaired individuals, emphasizing the importance of adhering to WCAG 2.1 A and AA guidelines to prevent ADA Title III discrimination lawsuits.