ADA Website Accessibility Lawsuit: an online shoe and apparel retailer

Plaintiff Aishia Petersen, represented by ACACIA BARROS, P.A., filed a federal lawsuit against an online shoe and apparel retailer in the Southern District of Florida on November 30, 2020. The complaint alleges that the retailer's mobile application is not fully accessible to visually impaired consumers, violating Title III of the Americans with Disabilities Act. The plaintiff, who is legally blind, relies on screen-reading technology like iPhone's "Voiceover" to access digital content.

The lawsuit specifically identifies multiple digital barriers. These include banners with audio described as "zero underscore zero" instead of actual content like "40% off with code:cyber," product items lacking descriptions or having identical descriptions, insufficient zoom for items, small touch targets, poor contrast, and button roles not accessible to screen readers. Furthermore, the mobile app allegedly fails to announce error messages or "Add to bag" confirmations, and quantity adjustments are labeled with "hyphen" instead of a numerical decrease, rendering the application substantially inaccessible and failing to meet WCAG 2.1 A level accessibility.

This case highlights the significant legal risks faced by businesses that fail to ensure their digital platforms, such as mobile applications, are accessible to individuals with disabilities. Companies operating e-commerce mobile apps must comply with ADA Title III and WCAG 2.1 A guidelines to avoid lawsuits, potential injunctive relief, and the associated costs, including attorneys' fees and expert fees, for failing to provide effective communication and equal enjoyment of goods and services.