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ADA Website Accessibility Lawsuit: mobile fuel and convenience store app

Case # · District Court, S.D. Florida · Filed May 14, 2020

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 1.3.1 Info and RelationshipsWCAG 2.1.2 No Keyboard TrapWCAG 3.3.1 Error IdentificationWCAG 3.3.3 Error SuggestionScreen Reader Incompatibility

Case Summary

Windy Lucius has filed an ADA Title III digital accessibility lawsuit against a mobile fuel and convenience store app provider in the United States District Court for the Southern District of Florida, Miami Division, on May 14, 2020.

The complaint alleges that the mobile application fails to properly interact with Apple's assistive technology, specifically VoiceOver, resulting in users becoming trapped on introduction and location screens. Key violations cited include WCAG 1.3.1 (Info and Relationships) due to unindicated required fields, WCAG 2.1.2 (No Keyboard Trap) where a close button doesn't receive focus, and WCAG 3.3.1 (Error Identification) and 3.3.3 (Error Suggestion) for errors and suggestions shown visually but not announced to screen reader users.

This action highlights the ongoing legal risk for businesses offering mobile applications that do not fully comply with ADA Title III and WCAG 2.1 A/AA guidelines, potentially denying visually impaired consumers equal access to goods and services and leading to demands for injunctive relief and policy modifications.

Case Q&A

What specific WCAG violations is this mobile app accused of?

The mobile app is accused of not properly interacting with assistive technology, trapping VoiceOver users on screens, and failing to indicate required form fields (WCAG 1.3.1). Additionally, it violates WCAG 2.1.2 by trapping keyboard focus on the location screen, and WCAG 3.3.1 and 3.3.3 by displaying error messages and suggestions visually without announcing them to screen reader users.

Who filed this lawsuit, and which law firm?

Windy Lucius filed this lawsuit, represented by the law firm J. COURTNEY CUNNINGHAM, PLLC.

What legal risk does this create?

This creates a legal risk for businesses whose mobile applications do not comply with ADA Title III and WCAG 2.1 A/AA guidelines, facing potential lawsuits for discrimination, demands for injunctive relief to modify their platforms, and the need to adopt institutional policies ensuring ongoing accessibility.

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