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ADA Website Accessibility Lawsuit: a retail center mobile application

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

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

WCAG 2.1 AAMissing Alt TextMissing Page TitlesIllogical Reading OrderScreen Reader Incompatibility

Case Summary

Andres Gomez, a visually impaired individual, has filed an ADA Title III lawsuit against a retail center's mobile application in the United States District Court for the Southern District of Florida on October 27, 2020. Represented by The Leal Law Firm, P.A., Gomez alleges that the mobile application contains digital barriers that prevent full and equal access for blind and visually impaired consumers.

The complaint specifically asserts that the retail center's mobile application violates federal accessibility standards by failing to provide text equivalents for non-text elements, convey content meaning and structure beyond visual presentation, programmatically determine correct reading sequence, include descriptive page titles, explain images to screen reader users, and publish an accessibility statement. These alleged deficiencies are in direct conflict with WCAG 2.1 Guidelines.

This action highlights the ongoing legal risks for businesses, especially those in retail, that operate mobile applications integrated with their physical locations. Non-compliance with ADA Title III and established accessibility guidelines like WCAG 2.1 can lead to injunctive relief, legal costs, and attorney's fees, emphasizing the necessity for all digital platforms to be fully accessible to individuals with disabilities.

Case Q&A

What specific WCAG violations is this retail mobile application accused of?

The mobile application is accused of failing to provide text equivalents for non-text elements, convey content meaning and structure beyond visual presentation, programmatically determine correct reading sequence, include descriptive page titles, explain images to screen reader users, and publish an accessibility statement.

Who filed this lawsuit, and which law firm?

Andres Gomez, a legally blind individual, filed this lawsuit, represented by The Leal Law Firm, P.

What legal risk does this create?

This case underscores the legal risk for businesses whose mobile applications or digital platforms are not fully accessible to individuals with disabilities under ADA Title III, potentially leading to lawsuits seeking injunctive relief, attorney's fees, and court costs.

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