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ADA Website Accessibility Lawsuit: an online clothing and homeware retailer

Case # · District Court, S.D. Florida · Filed April 28, 2020

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 2.1 A/AA ComplianceNon-Text Content Accessibility (WCAG 1.1.1)Information and Relationships (WCAG 1.3.1)Screen Reader Focus Trapping (WCAG 1.3.24.1.2)Unannounced Status Messages (WCAG 4.1.3)

Case Summary

Windy Lucius, represented by J. Courtney Cunningham, PLLC, has filed a federal lawsuit in the United States District Court Southern District of Florida, Miami Division, on April 28, 2020, alleging that an online clothing and homeware retailer’s mobile application fails to meet digital accessibility standards under Title III of the Americans with Disabilities Act (ADA).

The complaint specifically alleges numerous WCAG 2.1 A and AA violations, including failure to provide text alternatives for non-text content (WCAG 1.1.1) as the free shipping promo banner is not announced, and issues with information and relationships (WCAG 1.3.1) where visual sale indicators are inaccessible to screen reader users. Further issues include a lack of meaningful sequence (WCAG 1.3.2) in a "Swipe to Like" section, unclear link purpose (WCAG 2.4.4) for a "+ colors" button, and missing labels or instructions (WCAG 3.3.2) on introduction slides. Additionally, the app fails in Name, Role, Value (WCAG 4.1.2) by restricting screen reader focus in the Size Guide, uses images of text (WCAG 1.4.5) for promotions without announcing them, and lacks announced status messages (WCAG 4.1.3) when a product is added to a bag.

This action highlights the increasing legal risk for e-commerce businesses that operate mobile applications without ensuring full accessibility for visually impaired users. Companies in the retail sector, particularly those offering shopping apps, should proactively audit their digital platforms to comply with ADA Title III and WCAG guidelines to avoid potential litigation and ensure equal access for all customers.

Case Q&A

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

Failure to provide text alternatives for non-text content (WCAG 1.1.1), inaccessible visual indicators for sale prices (WCAG 1.3.1), issues with meaningful content sequence (WCAG 1.3.2), unclear link purposes (WCAG 2.4.4), missing labels or instructions for images (WCAG 3.3.2), improper Name, Role, Value implementation limiting screen reader focus (WCAG 4.1.2), use of images of text without announcements (WCAG 1.4.5), and unannounced status messages for user actions (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 illustrates the legal liability e-commerce companies face if their mobile applications are not fully accessible to visually impaired users, emphasizing the need for robust compliance with ADA Title III and WCAG standards to prevent similar lawsuits.

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