ADA Website Accessibility Lawsuit: a large general merchandise retailer

Plaintiff Raymond T. Mahlberg, represented by Acacia Barros, P.A., filed a federal lawsuit on August 28, 2020, in the United States District Court for the Southern District of Florida. The complaint alleges that a large general merchandise retailer's website and mobile application are not fully accessible to blind and visually impaired consumers, thereby violating Title III of the Americans with Disabilities Act (ADA).

The lawsuit specifically details several Web Content Accessibility Guidelines (WCAG) violations, including digital source code barriers that prevent screen readers from functioning. Allegations cite missing alternative text for images within 'a' elements with 'img' tags (WCAG 2.0 F89), visual labels that do not appear in the accessible name of links and controls (WCAG 2.0 F96), the use of duplicate IDs on more than one element (WCAG 2.0 A 4.1.1), and content inserted with CSS that is not read by some screen readers (WCAG 2.0 A F87). These issues collectively impede the plaintiff's ability to access information and services provided by the e-commerce website.

This legal action underscores the significant legal exposure for businesses operating online platforms, particularly those with integrated physical retail operations, that fail to adhere to digital accessibility standards. Companies offering goods and services via websites and mobile applications must ensure their digital presence is compliant with ADA Title III and WCAG to mitigate legal risks and provide equal access to all users, including those with visual impairments.