ADA Website Accessibility Lawsuit: an online video game retailer
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Windy Lucius filed a complaint against a foreign for-profit corporation, an online video game retailer, in the United States District Court, Southern District of Florida, on September 30, 2020. The lawsuit alleges violations of Title III of the Americans with Disabilities Act, asserting that the retailer's mobile application is not fully accessible to visually impaired consumers.
The complaint specifies several WCAG 2.1 A and AA violations. These include promotional images lacking text alternatives (WCAG 1.1.1), inaccessible product information and relationships on the shop page (WCAG 1.3.1), an illogical focus order preventing navigation back to the main screen from the menu (WCAG 2.4.3), unlabeled sort buttons hindering search and filtering (WCAG 2.5.3), and carousel elements that cannot be navigated by screen readers (WCAG 4.1.2). Additionally, an advertisement containing text and images is not announced to VoiceOver users (WCAG 1.4.5).
This case underscores the critical importance for digital platforms, particularly mobile applications, to ensure full accessibility for visually impaired users. Businesses whose apps fail to properly integrate with screen reader software, thereby denying equal access to goods and services, face significant legal risks under ADA Title III and similar accessibility regulations.
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Case Q&A
What specific WCAG violations is this online video game retailer accused of?
The mobile application is accused of violating WCAG 2.1 A and AA guidelines, including missing text alternatives for non-text content (1.1.1), inaccessible information and relationships on the shop page (1.3.1), illogical focus order after opening the main menu (2.4.3), unlabeled sort buttons (2.5.3), inaccessible carousel elements (4.1.2), and images of text not announced by screen readers (1.4.5).
Who filed this lawsuit, and which law firm?
Windy Lucius filed this lawsuit, represented by the law firm J. COURTNEY CUNNINGHAM, PLLC.
What legal risk does this create?
This case demonstrates the legal risk for businesses offering mobile applications that do not fully integrate with assistive technologies like screen readers, potentially leading to ADA Title III lawsuits for denying visually impaired individuals equal access to goods, services, and information.