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ADA App Accessibility Lawsuit: Online Shoe Retailer

Case # · District Court, S.D. Florida · Filed May 26, 2020

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 2.1 AAScreen Reader IncompatibilityMissing Alt Text (WCAG 1.1.1)Improper Element Labeling (WCAG 2.5.3WCAG 4.1.2)Inaccessible Interactive Elements

Case Summary

Windy Lucius has filed an ADA Title III lawsuit in the United States District Court for the Southern District of Florida on May 26, 2020, against the operator of a mobile application for an online shoe retailer.

The lawsuit alleges various WCAG violations, including the app's failure to integrate with screen reader software, unlabelled promo image content and banners, and inaccessible location menu items for VoiceOver users. Specific issues cited involve WCAG 1.1.1 (Non-Text Content) for unlabeled images, WCAG 2.5.3 (Label in Name) due to incorrect announcements for shoe color images, and WCAG 4.1.2 (Name, Role, Value) where the location map and zoom features are inaccessible and announced incorrectly. Furthermore, the app reportedly fails WCAG 1.4.5 (Images of Text) with unreadable promotional banners and lacks labels for elements like the Cart icon and pop-up Close buttons.

This action highlights the legal exposure under ADA Title III for businesses operating mobile applications that do not provide full and equal access to visually impaired consumers using assistive technologies. Businesses offering digital platforms are urged to ensure their applications are designed to be independently usable by all individuals, especially those relying on screen reader software, to avoid similar discrimination claims and potential injunctive relief.

Case Q&A

What specific WCAG violations is this online shoe retailer app accused of?

The app is accused of failing to integrate with screen reader software, having unlabelled promo images and banners, inaccessible location map features, incorrect labeling for shoe color options (WCAG 2.5.3), unreadable images of text in promotional banners (WCAG 1.4.5), and missing labels for the Cart icon and pop-up Close buttons (WCAG 4.1.2).

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 lawsuit creates a legal risk for other businesses operating mobile applications or digital platforms if they do not ensure full and equal accessibility for visually impaired users, particularly regarding compatibility with screen reader software and adherence to WCAG guidelines, potentially leading to similar ADA Title III claims.

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