ADA Website Accessibility Lawsuit: a mobile fashion accessories app
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Windy Lucius filed a lawsuit against a mobile fashion accessories app in the United States District Court, Southern District of Florida, Miami Division, on June 9, 2020. The plaintiff, who is legally blind and uses VoiceOver screen reader software, alleges that the mobile application is not fully accessible or independently usable by visually impaired consumers, thereby violating Title III of the Americans with Disabilities Act (ADA).
The complaint specifically details several WCAG 2.1 A and AA violations. These include failures in Info and Relationships (1.3.1) where visible button labels are not announced, Use of Color (1.4.1) and Error Identification (3.3.1) where invalid input is indicated only by a red border without screen reader awareness, Keyboard accessibility (2.1.1) as the "Add to Cart" button is not focusable, Images of Text (1.4.5) where image text is not properly announced, and Error Suggestion (3.3.3) for not providing fixes for user errors. These barriers prevent purchases and access to information.
This action highlights the significant legal risks faced by businesses operating mobile applications that fail to comply with digital accessibility standards, potentially leading to injunctions requiring accessibility modifications, payment of attorney's fees, and court supervision for non-compliance under ADA Title III, impacting their ability to provide equal access to goods and services.
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Case Q&A
What specific WCAG violations is this fashion accessories app accused of?
The app is accused of WCAG 1.3.1 (Info and Relationships) due to unannounced button labels, WCAG 1.4.1 (Use of Color) and 3.3.1 (Error Identification) for relying solely on color for error indications, WCAG 2.1.1 (Keyboard) as the 'Add to Cart' button is not focusable, WCAG 1.4.5 (Images of Text) for unreadable text within images, and WCAG 3.3.3 (Error Suggestion) for not suggesting fixes for input errors.
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 case signifies that businesses with inaccessible mobile applications face lawsuits under ADA Title III, risking permanent injunctions requiring accessibility overhauls, payment of attorney's fees, and court supervision to ensure compliance.