ADA Website Accessibility Lawsuit: an online fashion retailer
Plaintiff's Firm: J. Courtney Cunningham, PLLC
Case Summary
Plaintiff Windy Lucius filed a lawsuit against an online fashion retailer in the United States District Court, Southern District of Florida, on June 12, 2020. The complaint alleges violations of Title III of the Americans with Disabilities Act (ADA) due to the inaccessibility of the retailer's mobile application to visually impaired users.
The complaint specifically alleges that the defendant's mobile application does not meet WCAG 2.1 A level accessibility. Identified issues include non-text content barriers, such as a cart icon announced as "zero....button" and missing labels for wishlist, share icons, and color fields (WCAG 1.1.1). Furthermore, information and relationships are not programmatically determined, as sale price indicators (slashed original price, green bold sale price) are not announced to screen reader users (WCAG 1.3.1). A critical functionality failure involves the "Add to Cart" button, which reportedly does not work, is not announced, and does not receive focus when VoiceOver is active (WCAG 4.1.2).
This lawsuit underscores the significant legal risk for businesses, particularly online fashion retailers, that operate mobile applications without ensuring full accessibility for individuals with disabilities. Failure to integrate properly with assistive technologies like screen readers, as alleged in this case, can lead to ADA Title III claims for discrimination and denial of equal access to goods and services.
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Case Q&A
What specific WCAG violations is this online fashion retailer accused of?
The online fashion retailer is accused of WCAG 2.1 A level accessibility failures, including non-text content issues like an incorrectly labeled cart icon and missing labels for wishlist, share, and color fields. Additionally, information and relationships are not programmatically determined as sale price indicators are not announced, and crucial elements like the "Add to Cart" button do not function or receive focus with screen readers.
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 demonstrates the legal risk for businesses whose mobile applications are not independently usable by visually impaired individuals, particularly when they fail to properly integrate with assistive technologies like screen readers, leading to ADA Title III litigation for denial of equal access.