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ADA Website Accessibility Lawsuit: an online fashion retailer

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

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

WCAG 2.1 AScreen Reader IncompatibilityMissing Alt Text on ImagesKeyboard Accessibility FailureLow Contrast & Small Touch Targets

Case Summary

Aishia Petersen, represented by ACACIA BARROS, P.A., filed a federal lawsuit on November 16, 2020, in the United States District Court, Southern District of Florida, alleging that a mobile application offered by an online fashion retailer violates Title III of the Americans with Disabilities Act. The complaint asserts that the app is not fully accessible to visually impaired consumers, thereby denying them equal access to its products and services.

The complaint details several specific accessibility barriers on the defendant's mobile app, including product images and other visual content lacking descriptions and audio. It also highlights issues with multiple items sharing the same description label, the absence of a zoom feature, poor contrast, and touch targets that are too small. Furthermore, form submissions with errors result in visually displayed messages that are neither announced by screen readers nor receive keyboard focus, and many app buttons lack proper semantic roles, rendering them inaccessible to screen readers like Voiceover and Talkback.

This lawsuit underscores the significant legal risks for businesses operating mobile applications that fail to comply with digital accessibility standards, specifically WCAG 2.1 A. Companies with inaccessible digital platforms face potential Title III ADA litigation, emphasizing the critical need for comprehensive accessibility implementation to ensure all users, including those with visual impairments, can fully and equally access their goods and services.

Case Q&A

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

The mobile application is accused of missing descriptions and audio for product images, having multiple items with identical description labels, lacking a zoom feature, featuring poor contrast and small touch targets. Additionally, error messages after form submission are not announced or keyboard-focused, and many buttons lack proper roles, making them inaccessible to screen readers.

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 case highlights the legal risk for businesses whose mobile applications do not meet digital accessibility standards, potentially leading to lawsuits under ADA Title III for denying individuals with disabilities equal access to their services and products.

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