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ADA Website Accessibility Lawsuit: An Online Fashion Retailer

Case # · District Court, S.D. Florida · Filed June 26, 2020

Plaintiff's Firm: ACACIA BARROS, P.A.

WCAG 2.0 AMissing Alt TextForm Field LabelsScreen Reader InaccessibilityKeyboard Navigation Barriers

Case Summary

Raymond T. Mahlberg has filed an ADA Title III lawsuit in the United States District Court, Southern District of Florida, on June 26, 2020, against an online fashion retailer. The complaint, represented by Acacia Barros, P.A., alleges that the defendant's website is not fully accessible to visually impaired consumers.

The lawsuit specifically details several Web Content Accessibility Guidelines (WCAG) violations, including missing text or alt attributes for 'a' elements (WCAG 2.0 A F89), lack of accessible names for 'img' elements (WCAG 2.0 A F65), unlabelled 'fieldset' elements (WCAG 2.0 A H71), content inserted with CSS not being readable by some screen readers (WCAG 2.0 A F87), and form controls lacking labels (WCAG 2.0 A F68). These barriers prevent effective use by screen-reading software.

This action highlights the ongoing legal risks for online fashion retailers and similar businesses failing to provide auxiliary aids and services for effective communication. Companies operating e-commerce websites integrated with physical stores must ensure their digital platforms are fully accessible to individuals with disabilities, as required by Title III of the ADA, to avoid injunctive relief and legal costs.

Case Q&A

What specific WCAG violations is this online fashion retailer accused of?

The complaint alleges WCAG 2.0 A violations, including missing text or alt attributes for 'a' elements (F89), inaccessible names for 'img' elements (F65), unlabelled 'fieldset' elements (H71), CSS-inserted content not readable by screen readers (F87), and form controls lacking labels (F68).

Who filed this lawsuit, and which law firm?

Raymond T. Mahlberg filed the lawsuit, represented by the law firm Acacia Barros, P.

What legal risk does this create?

This case underscores the legal obligation for online businesses, particularly those with integrated physical stores, to ensure their websites are digitally accessible to disabled individuals. Failure to comply with ADA Title III and WCAG standards can lead to lawsuits seeking permanent injunctive relief and significant legal costs.

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