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ADA Website Accessibility Lawsuit: a fashion and accessories brand

Case # · District Court, S.D. Florida · Filed May 11, 2020

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 2.1 AAMissing Alt Text on Product ImagesScreen Reader IncompatibilityIllogical Focus OrderUnannounced Status Messages

Case Summary

Windy Lucius has filed an ADA Title III digital accessibility lawsuit in the United States District Court Southern District of Florida Miami Division on May 11, 2020, against an online fashion and accessories brand, alleging that its mobile application is not fully accessible to visually impaired consumers.

The complaint specifically details multiple accessibility barriers on the mobile application, citing violations of WCAG 2.1 A and AA guidelines. These include a lack of text alternatives for product images (WCAG 1.1.1), color swatches announced as generic buttons without color information (WCAG 1.3.1), and confusing focus order for elements like Geofencing and cart details (WCAG 1.3.2, 2.4.3). Additionally, the app allegedly fails to provide proper labels or instructions for non-actionable elements (WCAG 3.3.2), prevents users from hearing or changing quantity field values due to issues with name, role, and value attributes (WCAG 4.1.2), and does not announce crucial status messages like items being added to or removed from the bag (WCAG 4.1.3).

This lawsuit highlights the ongoing legal risks faced by other online fashion and accessories brands that operate mobile applications without ensuring full accessibility for visually impaired individuals. Businesses failing to integrate their digital platforms with assistive technologies, such as Apple's VoiceOver, may face similar ADA Title III claims, necessitating a review of their current accessibility policies and implementation of WCAG 2.1 AA standards to avoid potential litigation and ensure equal access for all consumers.

Case Q&A

What specific WCAG violations is this online fashion and accessories brand accused of?

The brand's mobile app is accused of WCAG 1.1.1 (non-text content without alternatives), WCAG 1.3.1 (info and relationships issues, generic button announcements), WCAG 1.3.2 (meaningful sequence issues), WCAG 2.4.3 (focus order problems in the cart), WCAG 3.3.2 (labels or instructions missing/confusing for hidden elements), WCAG 4.1.2 (name, role, value issues with quantity fields), and WCAG 4.1.3 (status messages not announced).

Who filed this lawsuit, and which law firm?

This lawsuit was filed by Windy Lucius, represented by J. COURTNEY CUNNINGHAM, PLLC.

What legal risk does this create?

This case demonstrates that companies operating mobile applications must ensure full accessibility for visually impaired users to comply with ADA Title III. Businesses that fail to meet WCAG 2.1 AA standards and properly integrate with assistive technologies risk similar litigation.

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