ADA Website Accessibility Lawsuit: Mobile App for Fashion Accessories Retailer
Plaintiff's Firm: ACACIA BARROS, P.A.
Case Summary
Aishia Petersen has filed a federal lawsuit in the United States District Court for the Southern District of Florida on December 3, 2020, alleging that a mobile app for a fashion accessories and handbags retailer is not accessible to visually impaired individuals under Title III of the Americans with Disabilities Act. Petersen, who is legally blind, relies on screen-reading technology to navigate digital platforms.
The complaint specifically alleges numerous WCAG 2.1 A accessibility violations, including product images lacking descriptions or having unavailable labels, touch targets that are too small, poor contrast, and issues with the checkout bag's audio label ("button lock"). Furthermore, blind users cannot delete items from the bag, sub-menu text lacks audio, banners and images have no readable labels, scroll down functionality is defective, and multiple clickable items share the same screen location, causing confusion. The mobile app also fails to provide keyboard-only navigation, accessible controls for video, and proper announcement/focus for form error messages, making it incompatible with screen readers like Voiceover and Talkback.
This case highlights the significant legal risks faced by businesses that offer mobile applications or digital platforms without ensuring full accessibility for users with disabilities. Organizations providing goods and services online, especially those integrated with physical stores, must proactively implement WCAG 2.1 A guidelines to avoid potential ADA Title III lawsuits and ensure equal access for all consumers.
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Case Q&A
What specific WCAG violations is this mobile app for a fashion accessories retailer accused of?
The mobile app is accused of lacking product image descriptions, having small touch targets, poor contrast, issues with checkout bag audio labels ("button lock"), inability for blind users to delete items, missing audio for sub-menu text, unreadable labels on banners/images, defective scroll functionality, and multiple clickable items sharing the same screen location. Additionally, it lacks keyboard-only navigation, accessible video controls, and proper handling of form error messages for 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 creates a significant legal risk for businesses operating mobile applications or digital platforms, particularly those with a nexus to physical public accommodations, that fail to comply with ADA Title III and WCAG 2.1 A accessibility standards, potentially leading to injunctive relief, damages, and attorneys' fees.