ADA Website Accessibility Lawsuit: an online shoe retailer
Plaintiff's Firm: J. Courtney Cunningham, PLLC
Case Summary
Plaintiff Windy Lucius, represented by J. Courtney Cunningham, PLLC, has filed a lawsuit in the United States District Court for the Southern District of Florida on July 6, 2020, alleging that an online shoe retailer's mobile application is not fully accessible to visually impaired consumers.
The complaint specifically details several WCAG violations, including images that are not described by VoiceOver and unlabeled buttons, hindering navigation and purchase completion. The app also fails to meet WCAG 2.1 A and AA levels, with specific issues like unlabeled images for sales promotions (WCAG 1.1.1 Non-Text Content) and elements lacking proper names, roles, or values, preventing users from adding products to the cart or completing purchases (WCAG 4.1.2 Name, Role, Value). Furthermore, images of text, such as a "buy one get one off sale," are not announced by screen readers (WCAG 1.4.5 Images of Text).
This action highlights the significant legal risk faced by online businesses and mobile application developers that fail to design and maintain their digital platforms to be fully accessible and independently usable by individuals with disabilities, particularly those relying on screen reader software, under Title III of the ADA.
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Case Q&A
What specific WCAG violations is this online shoe retailer's app accused of?
The app is accused of having images not described by VoiceOver, unlabeled buttons, and images of text that are not announced by screen readers. Furthermore, elements lack proper names, roles, or values, preventing users from adding items to a cart or finalizing purchases, thus failing WCAG 2.1 A and AA guidelines including 1.1.1 (Non-Text Content), 4.1.2 (Name, Role, Value), and 1.4.5 (Images of Text).
Who filed this lawsuit, and which law firm?
The lawsuit was filed by Plaintiff Windy Lucius, represented by J. Courtney Cunningham, PLLC.
What legal risk does this create?
This case demonstrates the legal risk for online businesses and app developers of being sued under ADA Title III if their digital platforms are not fully accessible and independently usable by disabled individuals, especially those using screen readers, potentially leading to injunctive relief and costly litigation.