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ADA Website Accessibility Lawsuit: an online clothing retailer

Case # · District Court, S.D. Florida · Filed October 4, 2020

Plaintiff's Firm: ACACIA BARROS, P.A.

WCAG 2.0 F65WCAG 2.0 F71WCAG 2.0 A F65WCAG 2.0 A 4.12WCAG 2.0 A 1.3.1Missing Alt TextMissing Fieldset LegendsBlank Label ElementsARIA Hidden Focusable ContentScreen Reader IncompatibilityADA Title III Website

Case Summary

Aishia Petersen, a legally blind individual, has filed a federal lawsuit in the United States District Court for the Southern District of Florida, Fort Lauderdale Division, on October 4, 2020. The complaint alleges that an online clothing retailer's website is not fully or equally 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 missing accessible names for image elements (WCAG 2.0 F65), unlabelled fieldset elements (WCAG 2.0 F71), missing accessible names for area elements (WCAG 2.0 A F65), blank label elements (WCAG 2.0 A 4.12), and focusable content within elements set with aria-hidden (WCAG 2.0 A 1.3.1). These barriers prevent screen-reading software from effectively communicating the website's content, denying the plaintiff equal access to services and information.

This case underscores the critical importance for all businesses operating e-commerce websites to adhere to digital accessibility standards, such as WCAG. Failure to provide auxiliary aids and services, including a fully accessible website for visually impaired users, creates significant legal risk under Title III of the ADA for businesses that are considered public accommodations and conduct online transactions or provide information through their digital platforms.

Case Q&A

What specific WCAG violations is this online clothing retailer accused of?

The online clothing retailer is accused of several WCAG violations, including img elements missing an accessible name (WCAG 2.0 F65), fieldset elements lacking legend labels (WCAG 2.0 F71), area elements without an accessible name (WCAG 2.0 A F65), blank label elements (WCAG 2.0 A 4.12), and elements with aria-hidden attributes containing focusable content (WCAG 2.0 A 1.3.1).

Who filed this lawsuit, and which law firm?

Aishia Petersen filed this lawsuit, and she is represented by the law firm ACACIA BARROS, P.

What legal risk does this create?

This creates a legal risk for other businesses with e-commerce websites, as it highlights the necessity of ensuring digital accessibility for individuals with disabilities under ADA Title III to prevent similar lawsuits and ensure effective communication.

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