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ADA Website Accessibility Lawsuit: Mobile Shoe Retailer App

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

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 2.1 AAWCAG 1.1.1 Non-Text ContentWCAG 2.4.3 Focus OrderWCAG 3.3.2 Labels or InstructionsWCAG 1.4.5 Images of Text

Case Summary

Plaintiff Windy Lucius, represented by J. Courtney Cunningham, PLLC, filed a lawsuit in the United States District Court, Southern District of Florida, on May 26, 2020. The complaint alleges that a mobile application designed for purchasing shoes and related services violates Title III of the Americans with Disabilities Act due to its inaccessibility for blind and visually impaired users.

The lawsuit specifically claims multiple WCAG violations, including unlabeled icons (WCAG 1.1.1 Non-Text Content), improper focus order and navigation issues within the store locator (WCAG 2.4.3 Focus Order), issues with labels for interactive elements (WCAG 2.5.3 Label in Name), lack of proper labels and instructions for input fields on the order status tab (WCAG 3.3.2 Labels or Instructions), and the use of images of text without proper alternatives (WCAG 1.4.5 Images of Text), such as promotional banners. Additionally, the app's 404 error page was inaccessible, skipping error explanations.

This legal action highlights the ongoing necessity for businesses offering digital platforms, such as e-commerce mobile applications, to ensure full accessibility for individuals with disabilities. Failure to comply with ADA Title III and WCAG standards can result in costly litigation, requiring significant modifications to digital properties and potentially leading to declaratory judgments and injunctive relief forcing adherence to accessibility guidelines.

Case Q&A

What specific WCAG violations is this mobile app accused of?

The mobile app is accused of WCAG 1.1.1 Non-Text Content violations for unlabeled icons, WCAG 2.4.3 Focus Order issues for navigation, WCAG 2.5.3 Label in Name issues for banners, WCAG 3.3.2 Labels or Instructions violations for unlabeled input fields, and WCAG 1.4.5 Images of Text for unannounced text in banners.

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 creates a legal risk for mobile app providers and e-commerce platforms, as it reinforces the need for their digital offerings to be fully accessible to disabled users under ADA Title III and WCAG standards, or face potential lawsuits, injunctive relief, and forced modifications.

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