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ADA Website Accessibility Lawsuit: a pet hospital app

Case # · District Court, S.D. Florida · Filed September 11, 2020

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC

WCAG 2.1 AWCAG 1.1.1 Non-Text ContentWCAG 2.4.3 Focus OrderWCAG 4.1.2 Name Role ValueScreen Reader Incompatibility

Case Summary

Windy Lucius, represented by J. Courtney Cunningham, PLLC, has filed an ADA Title III lawsuit in the United States District Court Southern District of Florida, Miami Division, on September 11, 2020, against an online pet hospital service.

The complaint alleges that the pet hospital app fails to meet WCAG 2.1 A level accessibility, specifically citing violations of WCAG 1.1.1 for unlabeled elements like back buttons and social media icons, WCAG 2.4.3 for illogical focus order preventing selection of options such as a 'Yes' button on an account creation screen, and WCAG 4.1.2 for lacking proper name, role, and value attributes, leading to unlabeled images, incorrect focus shifts, and inaccessible links like 'Help' or 'Cancel'.

This action highlights the significant legal risks faced by other businesses, particularly those in the pet care or veterinary services industry, that operate mobile applications and fail to ensure full accessibility for visually impaired users. Non-compliance with ADA Title III and WCAG standards can lead to similar lawsuits seeking injunctive relief and a requirement for comprehensive digital accessibility over time.

Case Q&A

What specific WCAG violations is this online pet service app accused of?

The app is accused of violating WCAG 1.1.1 (Non-Text Content) due to unlabeled elements like icons and buttons, WCAG 2.4.3 (Focus Order) for an illogical navigation flow, and WCAG 4.1.2 (Name, Role, Value) for poorly constructed interactive elements on the sign-in page.

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 creates a legal risk for other businesses with mobile applications that do not comply with ADA Title III and WCAG standards, potentially leading to lawsuits seeking injunctive relief to mandate digital accessibility.

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