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ADA Website Accessibility Lawsuit: A Cosmetics Retailer

Case # · District Court, S.D. Florida · Filed October 27, 2020

Plaintiff's Firm: The Leal Law Firm, P.A.

WCAG 2.0 AAMissing Alt TextScreen Reader IncompatibilityReading Order IssuesMissing Page Titles

Case Summary

ANDRES GOMEZ, represented by The Leal Law Firm, P.A., filed a lawsuit in the United States District Court for the Southern District of Florida on October 27, 2020, against an online cosmetics retailer. The plaintiff alleges violations of Title III of the Americans with Disabilities Act due to the inaccessibility of the defendant's website to blind and visually impaired individuals.

The complaint alleges that the defendant's website contains several digital barriers that violate ADA Title III by preventing blind and visually impaired consumers from full access. Specific issues cited include the lack of text equivalents for non-text elements, failure to convey information about the website's meaning and structure through more than just visual presentation, incorrect programmatic determination of reading sequence where content order matters, absence of descriptive page titles, and unexplained images for screen reader users.

This action underscores the significant legal risks faced by businesses, particularly those operating both online platforms and physical retail locations, if their digital properties are not fully accessible. Adherence to Web Content Accessibility Guidelines (WCAG 2.0 AA) is crucial for all companies to ensure compliance with the Americans with Disabilities Act and avoid similar litigation.

Case Q&A

What specific WCAG violations is this cosmetics retailer accused of?

The lawsuit alleges that the e-commerce website failed to provide text equivalents for non-text elements, did not convey information about its structure beyond visual presentation, had an incorrect programmatic reading sequence for content, lacked descriptive page titles, and did not explain images for screen reader users.

Who filed this lawsuit, and which law firm?

This lawsuit was filed by ANDRES GOMEZ, represented by The Leal Law Firm, P.

What legal risk does this create?

This lawsuit highlights the legal imperative for online businesses, especially those with an integrated online and physical presence, to ensure their digital platforms comply with ADA Title III and WCAG 2.0 AA to prevent discrimination against disabled users and avoid potential litigation.

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