ADA Website Accessibility Lawsuit: an online intimates retailer
Plaintiff's Firm: MICHAEL J. ROSEN, P.Α.
Case Summary
Plaintiff CAROLINE LE GRANDE has filed an ADA Title III website accessibility lawsuit against an online intimates retailer in the United States District Court for the Southern District of Florida on June 3, 2020. The complaint alleges that the retailer's e-commerce website contains significant barriers preventing visually disabled individuals, including the plaintiff, from fully accessing its services and merchandise.
The lawsuit specifically details several Web Content Accessibility Guidelines (WCAG) violations. These include site functions, such as menu drop-down options, that are not labeled to integrate with screen reader software, the presence of empty links, and other links that are not labeled. Additionally, content on the website is presented in a manner that results in a loss of information for screen reader users. The complaint also notes the absence of a public accessibility notice, policy, or statement on the website.
This case highlights the ongoing legal risks for online businesses, particularly those with a nexus to physical stores, that fail to provide an ADA-compliant digital experience. Such non-compliance can lead to federal lawsuits seeking declaratory and injunctive relief, mandating website modifications, and potentially requiring the payment of the plaintiff's attorney's fees and costs.
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Case Q&A
What specific WCAG violations is this online intimates retailer accused of?
The retailer is accused of having site functions (like menu drop-down options) not labeled for screen readers, empty links, unlabeled links, and content presented with a loss of information for visually disabled users. The website also reportedly lacks an accessibility notice or policy.
Who filed this lawsuit, and which law firm?
This lawsuit was filed by CAROLINE LE GRANDE, represented by the law firm MICHAEL J. ROSEN, P.Α.
What legal risk does this create?
This creates a legal risk of ADA Title III lawsuits for businesses whose websites are not accessible to individuals with disabilities, potentially leading to court-ordered injunctive relief, mandatory website modifications, and financial liability for the plaintiff's attorney's fees and costs.