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ADA Mobile App Accessibility Lawsuit: a fast-food chain

Case # · District Court, S.D. Florida · Filed December 15, 2020

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

WCAG 2.1 AScreen Reader IncompatibilityMissing Form LabelsKeyboard Access FailureError Message Inaccessibility

Case Summary

Aishia Petersen, an Orlando, Florida resident, has filed an ADA Title III mobile app accessibility lawsuit against a fast-food chain in the United States District Court for the Southern District of Florida, Miami Division, on December 15, 2020. She is represented by the law firm Acacia Barros, P.A.

The plaintiff alleges that the mobile application suffers from numerous accessibility barriers, including input fields that are not properly labeled for screen readers (e.g., "Full Name" and "Email" fields announced as "text field," "Password" announced as "secure text field" instead of "password"). The complaint also notes a rewards "gauge meter" lacking labels or audio for Voiceover, small touch targets with poor contrast, unannounced tutorial content, and unlabeled "Terms of Use" links and rewards information buttons. Furthermore, various menu items and buttons are incorrectly labeled, and error messages are visually displayed without being announced or given keyboard focus, rendering them inaccessible to screen readers and keyboard users.

This case highlights the legal risks faced by businesses that offer mobile applications integrated with their physical public accommodations. Companies that fail to design, construct, maintain, and operate their digital platforms to be fully and equally accessible to visually impaired individuals, particularly those relying on screen-reader software like Voiceover, face potential lawsuits under ADA Title III. Ensuring compliance with WCAG 2.1 A level guidelines is crucial for avoiding discrimination claims and ensuring equal access to goods and services for all consumers.

Case Q&A

What specific WCAG violations is this fast-food chain accused of?

The mobile app is accused of having input fields improperly labeled for screen readers, missing labels/audio for a gauge meter, unlabeled links and buttons, unannounced tutorial content, error messages not announced or given keyboard focus, and mobile app buttons lacking proper roles for Voiceover.

Who filed this lawsuit, and which law firm?

Aishia Petersen filed this lawsuit, and is represented by Acacia Barros, P.

What legal risk does this create?

Businesses offering mobile applications linked to public accommodations face ADA Title III lawsuits if their apps are not fully accessible to disabled users. Non-compliance with WCAG 2.1 A standards, especially regarding screen reader compatibility and keyboard navigation, poses significant legal risk.

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