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ADA Website Accessibility Lawsuit: Fashion Brand

Case # · District Court, S.D. Florida · Filed May 27, 2020

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 1.3.1 Info and RelationshipsWCAG 1.4.1 Use of ColorWCAG 2.1.2 No Keyboard TrapWCAG 2.5.3 Label in NameWCAG 4.1.1 Parsing

Case Summary

Plaintiff Windy Lucius has filed an ADA Title III lawsuit against an apparel retailer in the United States District Court, Southern District of Florida, on May 27, 2020. The complaint alleges that the defendant's mobile application is not fully accessible to visually impaired consumers, thereby denying them equal access to goods and services.

The lawsuit details several WCAG violations, including failures in providing visible labels for focused input fields (WCAG 1.3.1), relying solely on color to indicate input errors (WCAG 1.4.1), and significant issues with keyboard navigation such as non-focusable products and keyboard traps (WCAG 2.1.1, 2.1.2). Additionally, the app reportedly fails to announce visible numbers for product quantities (WCAG 2.5.3), reads HTML tags alongside product descriptions (WCAG 3.3.1, 4.1.1), and does not announce on-screen error or status messages, making them inaccessible to screen reader users (WCAG 3.3.3, 4.1.3).

This case underscores the critical necessity for all digital platforms, especially e-commerce mobile applications from clothing and homeware retailers, to comply with ADA Title III and WCAG standards. Businesses operating similar digital storefronts risk legal action if their platforms do not provide full and equal access to individuals with disabilities, highlighting the importance of proactive accessibility remediation.

Case Q&A

What specific WCAG violations is this fashion brand app accused of?

The app is accused of WCAG violations including missing labels for focused elements, reliance on color alone for error identification, keyboard navigation barriers like non-focusable elements and user traps, visible text not being read by screen readers, announcing HTML tags in descriptions, and unannounced error/status messages.

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 creates a legal risk for other digital platforms and mobile applications, particularly in e-commerce, signaling that non-compliance with ADA Title III and WCAG standards can lead to lawsuits and demands for injunctive relief.

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