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ADA Website Accessibility Lawsuit: mobile grocery retailer

Case # · District Court, S.D. Florida · Filed November 16, 2020

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

Screen Reader IncompatibilityMissing Alt TextKeyboard Navigation FailureForm Field AccessibilityInsufficient Color Contrast

Case Summary

Aishia Petersen, represented by ACACIA BARROS, P.A., has filed a lawsuit in the United States District Court for the Southern District of Florida on November 16, 2020. The complaint targets a mobile grocery retailer, alleging that its digital mobile application is not fully accessible to visually impaired consumers, thereby violating Title III of the Americans with Disabilities Act (ADA).

The lawsuit details several specific WCAG violations, including products and images lacking descriptions and audio, clickable items sharing screen locations with identical labels, insufficient zoom functionality, small touch targets, and poor color contrast. Additionally, the mobile app is cited for an email sign-up form field with inaccurate audio labels, a QR code reader that fails to provide directions for blind users, and store locator map icons without label descriptions. The complaint also highlights the app's failure to meet WCAG 2.1 Level A accessibility standards, noting a lack of keyboard-only access, unannounced form error messages, and mobile app buttons with improper roles, rendering them inaccessible to screen readers like Voiceover and Talkback.

This case underscores the significant legal exposure for any business operating a consumer-facing mobile application that fails to adhere to ADA Title III and WCAG accessibility guidelines. Retailers and service providers utilizing digital platforms for public accommodation must ensure their applications are fully usable by individuals with disabilities to avoid similar injunctions, legal costs, and claims of discriminatory practices.

Case Q&A

What specific WCAG violations is this mobile grocery retailer accused of?

The mobile app is accused of having products and images without descriptions or audio, clickable items with shared screen locations and identical labels, inadequate zoom and small touch targets, poor color contrast, inaccurate audio labels for form fields, a QR code reader without blind-user directions, unlabeled store icons on maps, a lack of keyboard-only access, unannounced form error messages, and inaccessible buttons for screen readers like Voiceover and Talkback.

Who filed this lawsuit, and which law firm?

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

What legal risk does this create?

This lawsuit highlights the substantial legal risk for businesses with consumer-facing mobile applications that do not comply with ADA Title III and WCAG accessibility standards, potentially leading to injunctions, legal fees, and accusations of discriminatory practices.

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