ADA Website Accessibility Lawsuit: Online Apparel Retailer

Plaintiff Windy Lucius, represented by J. Courtney Cunningham, PLLC, filed a complaint against an online apparel retailer in the United States District Court, Southern District of Florida, on May 4, 2020. The lawsuit alleges that the defendant's mobile application violates Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., by failing to provide full and equal access to visually impaired users.

The complaint specifies numerous WCAG 2.1 A and AA violations, including unannounced ad content, an inaccessible "Have a Coupon" field, unlabeled product images (announced only as "image 1, image 2, etc."), unlabeled interactive elements (e.g., a "close" button announced as "unprounceable"), incorrect focus order where focus does not shift to new windows (e.g., size chart), unannounced destinations for banner links in New Arrivals, premature closing of the "Add a coupon" promo field when VoiceOver is enabled, size selectors being announced as "unchecked" after selection, input fields requiring multiple swipes and announcements (WCAG 1.3.5), promo details available only to sighted users (WCAG 1.4.5 Images of Text), and an unlabeled "Account" icon announced only as "link" (WCAG 2.4.6, 2.5.3).

This case highlights the critical importance for all online apparel retailers and businesses operating digital platforms to ensure their applications are fully accessible to individuals with disabilities. Failure to comply with ADA Title III and WCAG standards can lead to significant legal challenges, emphasizing the need for proactive accessibility audits and remediation to prevent discriminatory practices and potential litigation.