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ADA Website Accessibility Lawsuit: an online apparel and accessories retailer

Case # · District Court, S.D. Florida · Filed June 22, 2020

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 2.1 AWCAG 2.1 AAMissing Alt TextScreen Reader IncompatibilityUnannounced Form Errors

Case Summary

Plaintiff Windy Lucius has filed an ADA Title III lawsuit against an online apparel and accessories retailer in the United States District Court Southern District of Florida, Miami Division, on June 22, 2020. The complaint alleges that the mobile application offered by the retailer contains digital barriers, preventing visually impaired consumers from fully accessing its content and services.

The complaint details several WCAG violations, including WCAG 1.1.1 (Non-Text Content) because a size chart image lacks text alternatives, rendering it inaccessible to screen reader users. WCAG 1.3.1 (Info and Relationships) is cited as "sold out" product sizes indicated by a slash are not announced to screen reader users, forcing excessive navigation. Further violations include WCAG 2.5.3 (Label in Name) as a "TeamShop" section header is not announced, WCAG 3.3.1 (Error Identification) for form fields with errors not being audibly announced, WCAG 3.3.3 (Error Suggestion) for failing to announce error suggestions, and WCAG 4.1.3 (Status Messages) as cart icon changes are not announced when items are successfully added.

This lawsuit highlights the legal imperative for businesses operating digital platforms, such as mobile applications, to ensure they are fully accessible and independently usable by individuals with disabilities. Companies in the retail sector, especially those utilizing apps to sell products and services, face significant legal risk under ADA Title III if their digital interfaces fail to integrate properly with assistive technologies like screen readers, leading to denied access and potential litigation.

Case Q&A

What specific WCAG violations is this online apparel and accessories retailer accused of?

The lawsuit alleges violations including WCAG 1.1.1 (Non-Text Content) for a size chart image without text alternatives, WCAG 1.3.1 (Info and Relationships) for unannounced "sold out" product sizes, WCAG 2.5.3 (Label in Name) for an unannounced section header, WCAG 3.3.1 (Error Identification) for unannounced form field errors, WCAG 3.3.3 (Error Suggestion) for unannounced error suggestions, and WCAG 4.1.3 (Status Messages) for unannounced cart status changes.

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 that online retailers, particularly those offering mobile applications for shopping, face significant legal exposure under ADA Title III if their digital platforms are not fully accessible to visually impaired users, emphasizing the need for robust accessibility compliance.

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