ADA Website Accessibility Lawsuit: Fuel and Rewards App Operator
Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC
Case Summary
Windy Lucius has filed an ADA Title III digital accessibility lawsuit against a fuel and convenience store operator in the United States District Court for the Southern District of Florida, Miami Division, on November 24, 2020. The plaintiff, who is legally blind and uses screen reader software, alleges that the mobile application operated by the defendant contains digital barriers that prevent full and equal access for visually impaired consumers.
The complaint details several WCAG violations, including the app's failure to properly interact with Apple's assistive technology (VoiceOver). Specific allegations include: screen reader users unable to create an account due to an inaccessible date picker form; unlabeled ads and unannounced content; an inoperable rewards tutorial; and issues with non-text content, focus order, and name, role, value (WCAG 2.1 A). Additionally, the app reportedly uses images of text not announced to screen readers and has navigation issues where a back arrow does not receive focus or announcement with VoiceOver on (WCAG 2.1 AA).
This legal action highlights the ongoing risk for businesses that offer mobile applications or digital platforms without ensuring they are fully accessible to individuals with disabilities. Non-compliance with ADA Title III and WCAG standards can lead to costly lawsuits, requiring substantial modifications to digital assets, changes in institutional policies, and payment of legal fees and costs.
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Case Q&A
What specific WCAG violations is this fuel and rewards app operator accused of?
The app is accused of screen reader incompatibility, including issues with unlabeled ads, unannounced content, an inoperable rewards tutorial, and inaccessible date picker forms. It also violates WCAG 2.1 A standards for non-text content, focus order, and name, role, value, and WCAG 2.1 AA for images of text and multiple ways navigation.
Who filed this lawsuit, and which law firm?
Windy Lucius filed this lawsuit, represented by the law firm J. COURTNEY CUNNINGHAM, PLLC.
What legal risk does this create?
This creates a significant legal risk for other businesses operating digital platforms or mobile apps, indicating that non-compliance with ADA Title III and WCAG guidelines can result in lawsuits, demands for injunctive relief, and the potential for substantial legal costs and required accessibility modifications.