ADA Website Accessibility Lawsuit: a fashion and accessories retailer
Plaintiff's Firm: ACACIA BARROS, P.A.
Case Summary
Raymond T. Mahlberg has filed an ADA Title III lawsuit in the United States District Court Southern District of Florida on August 28, 2020, against an online fashion and accessories retailer. The plaintiff, a visually-impaired and legally blind individual, alleges that the defendant's website and mobile application are not fully or equally accessible to him, thereby denying him full and equal access to the goods and services offered.
The complaint specifically alleges several Web Content Accessibility Guidelines (WCAG) violations, including that img elements lack accessible names (WCAG 2.0 F65), clickable controls are not keyboard accessible (WCAG 2.0 F15), visual labels do not appear in the accessible name of links and controls (WCAG 2.0 A F96), label elements are blank (WCAG 2.0 A 4.12), and 'a' elements fail to contain text or an image with an alt attribute (WCAG 2.0 A F89). These issues prevent screen-reading software from effectively interpreting the digital content.
This lawsuit highlights the significant legal risks faced by businesses operating e-commerce platforms that fail to adhere to digital accessibility standards. Companies in the retail sector, particularly those with online stores and mobile applications integrated with their physical locations, must ensure their digital presence provides effective communication and equal access for individuals with disabilities to avoid similar litigation and potential injunctive relief, attorneys' fees, and costs.
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Case Q&A
What specific WCAG violations is this online fashion retailer accused of?
This online fashion retailer is accused of several WCAG violations, including img elements lacking accessible names (WCAG 2.0 F65), clickable controls not being keyboard accessible (WCAG 2.0 F15), visual labels missing from accessible names of links/controls (WCAG 2.0 A F96), blank label elements (WCAG 2.0 A 4.12), and 'a' elements lacking text or alt attributes (WCAG 2.0 A F89).
Who filed this lawsuit, and which law firm?
Raymond T. Mahlberg, a visually-impaired individual, filed this lawsuit. He is represented by ACACIA BARROS, P.
What legal risk does this create for other online businesses?
This case creates a legal risk for other online businesses, particularly those in retail with integrated e-commerce websites and mobile apps, demonstrating the necessity of ensuring digital accessibility for disabled users under ADA Title III to avoid potential lawsuits, injunctive orders, and financial penalties.