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ADA Website Accessibility Lawsuit: a rewards program mobile app

Case # · District Court, S.D. Florida · Filed August 18, 2020

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 2.1 AWCAG 2.1 AAScreen Reader IncompatibilityKeyboard Navigation FailureError Handling Accessibility

Case Summary

Plaintiff Windy Lucius filed a lawsuit against an operator of a rewards program mobile application in the United States District Court, Southern District of Florida, Miami Division, on August 18, 2020. The plaintiff, who is legally blind, alleges that the mobile application is not fully accessible to and independently usable by visually impaired consumers, violating Title III of the Americans with Disabilities Act.

The complaint details several specific accessibility barriers, including failures to meet WCAG 2.1 A and AA guidelines. Allegations include map points not being focusable with VoiceOver, incorrect focus order for newly visible content, inability to deselect radio buttons due to immediate reselection, input errors and error suggestions not receiving focus or being announced to VoiceOver users, and an inaccessible date picker input field that lacks keyboard-focus and clear navigation for selecting dates.

This case highlights the ongoing legal risks for businesses that offer digital platforms, such as mobile applications, if they fail to ensure full accessibility for individuals with disabilities. Such non-compliance can lead to lawsuits under ADA Title III, alleging discriminatory conditions and the denial of full and equal enjoyment of goods and services to disabled users, underscoring the importance of adherence to WCAG standards.

Case Q&A

What specific WCAG violations is this rewards program mobile app accused of?

The app is accused of not meeting WCAG 2.1 A and AA levels, specifically for keyboard access issues (map points not focusable), focus order problems (new content not focused), on input issues (radio buttons reselecting), error identification (errors not focused/announced), name/role/value problems (date picker inaccessible), error suggestion (suggestions not focused/announced), and status messages (messages not announced/focused).

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 underscores the legal exposure for digital platforms that do not comply with ADA Title III, risking litigation for inaccessible services and denying full and equal enjoyment to users with disabilities.

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