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ADA Website Accessibility Lawsuit: online fashion retailer

Case # · District Court, S.D. Florida · Filed November 5, 2020

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

WCAG 2.1 AScreen Reader IncompatibilityMissing LabelsKeyboard Navigation FailureLow Color Contrast

Case Summary

Plaintiff Aishia Petersen, a legally blind individual, has filed a lawsuit in a U.S. District Court on November 5, 2020, against an online fashion retailer, alleging violations of Title III of the Americans with Disabilities Act due to the inaccessibility of its mobile application.

The complaint specifically alleges several WCAG 2.1 A level accessibility failures. These include multiple items having the same ID (label) description, items lacking a zoom feature, touch targets being too small, poor contrast, multiple clickable items sharing the same on-screen location, some items lacking screen reader readable labels, inaccessible form fields with incorrect roles, VoiceOver users not being notified about selectors on the "Create Account" page, unlabeled ads, four of five navigation tabs being unlabeled, and status message pop-ups (e.g., "Add to cart notification") not being accessible to screen-reader users. Additionally, the mobile application does not submit forms with errors where error messages are announced or given keyboard-focus, and mobile app buttons lack proper roles, rendering them inaccessible to Voiceover.

This action highlights significant legal risks for businesses operating e-commerce mobile applications that fail to integrate assistive technology and comply with federal accessibility standards, potentially leading to injunctive relief, attorney's fees, and costs for similar online retailers.

Case Q&A

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

The online fashion retailer's mobile application is accused of having multiple items with the same ID, lacking a zoom feature, small touch targets, poor contrast, multiple clickable items at the same on-screen location, unlabeled items for screen readers, inaccessible form fields, VoiceOver users not being notified about selectors, unlabeled ads, unlabeled navigation tabs, and inaccessible status message pop-ups. It also fails to announce form errors or provide keyboard-focus, and buttons lack proper roles for Voiceover.

Who filed this lawsuit, and which law firm?

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

What legal risk does this create?

This creates a legal risk for businesses with mobile applications that do not provide full and equal access to visually impaired individuals, potentially resulting in lawsuits under ADA Title III for injunctive relief, attorneys' fees, and costs.

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