ADA Website Accessibility Lawsuit: an online hardware and home goods retailer
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Windy Lucius, represented by J. COURTNEY CUNNINGHAM, PLLC, filed a lawsuit in the United States District Court for the Southern District of Florida, Miami Division, on May 27, 2020. The complaint alleges that an online hardware and home goods retailer's mobile application is not fully accessible to visually impaired consumers, thereby violating Title III of the Americans with Disabilities Act (ADA).
The complaint details several WCAG violations, including failures in focus order (WCAG 2.4.3) where side menu content is not properly focused, and a lack of clear labels or instructions (WCAG 3.3.2) for fields like email and password. Furthermore, the app reportedly fails to provide keyboard accessibility (WCAG 2.1.1) for certain slider content, and error messages are not announced or given keyboard-focus (WCAG 3.3.1, 4.1.3). Buttons such as 'Local Ad' and 'Visit Website' are also alleged to lack proper roles and accessibility for screen reader users (WCAG 4.1.2).
This case highlights the legal risks for businesses that offer mobile applications or digital platforms tied to their physical places of public accommodation. Failing to ensure that digital assets are fully accessible and independently usable by individuals with disabilities, especially those who use screen reader software, can lead to ADA Title III lawsuits and demands for injunctive relief to remediate digital barriers.
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Case Q&A
What specific WCAG violations is this online hardware and home goods retailer accused of?
The mobile application is accused of failures in WCAG 2.4.3 (Focus Order) where side menus do not receive focus, WCAG 3.3.2 (Labels or Instructions) for missing labels on form fields, WCAG 2.1.1 (Keyboard Accessibility) for inaccessible slider content, WCAG 3.3.1/4.1.3 (Error Identification/Status Messages) for unannounced error messages, and WCAG 4.1.2 (Name, Role, Value) for inaccessible buttons.
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 other businesses whose mobile applications or digital platforms are not fully accessible to individuals with disabilities, potentially leading to ADA Title III lawsuits and requirements for costly accessibility modifications.