ADA Website Accessibility Lawsuit: an athletic apparel retailer
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Windy Lucius has filed a lawsuit in the United States District Court, Southern District of Florida, Miami Division, on June 9, 2020, against an athletic apparel and shoe retailer. The plaintiff alleges that the defendant's mobile application is not fully accessible to visually impaired consumers, thereby violating Title III of the Americans with Disabilities Act.
The complaint outlines several specific WCAG violations, including the app failing to integrate properly with screen reader software, resulting in some titles lacking buttons or links, images being unlabeled, and incorrect reading of selected sizes (e.g., size 8 read as size 14). Furthermore, unavailable sizes are not communicated to VoiceOver users, the selected shoe size element's yellow highlight is not announced, and error messages in the checkout form are not announced, preventing visually impaired users from independently using the app.
This lawsuit highlights the ongoing legal risk for companies that operate e-commerce mobile applications and fail to ensure they are fully accessible to individuals with disabilities. Businesses in the retail sector, particularly those offering online shopping through mobile apps, must adhere to ADA Title III requirements and WCAG guidelines to avoid similar legal challenges and ensure equal access for all users.
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Case Q&A
What specific WCAG violations is this athletic apparel retailer accused of?
The retailer is accused of several WCAG violations, including missing alt text on images, incorrect reading of content (e.g., shoe sizes, cart items), unannounced status messages for errors, inaccessible buttons or links, and a lack of proper communication regarding unavailable sizes and visual highlights to screen reader users.
Who filed this lawsuit, and which law firm?
This lawsuit was filed by Windy Lucius, represented by the law firm J. COURTNEY CUNNINGHAM, PLLC.
What legal risk does this create?
This creates a legal risk for companies with mobile applications that are not fully accessible to disabled users, especially those in the e-commerce sector. Failure to comply with ADA Title III and WCAG guidelines can lead to injunctive relief, legal costs, and attorney's fees.