ADA Website Accessibility Lawsuit: An Online Hardware Retailer

Aishia Petersen, a visually impaired individual, has filed a lawsuit against an e-commerce tools and supplies retailer's mobile application in the United States District Court for the Southern District of Florida on March 21, 2021. Represented by Acacia Barros, P.A., the complaint alleges that the defendant's mobile application is not fully accessible to blind and visually impaired consumers, thereby violating Title III of the Americans with Disabilities Act.

The complaint specifically outlines several WCAG violations, including the lack of label audio descriptions for banners, deals, coupons, and offers on the homepage, which prevents screen reader users from accessing information about promotions. Furthermore, categories and subcategories within the "Shop by Department" section lack labels for Voiceover, making product discovery difficult. Product descriptions are inaccessible to blind users, some images have incorrect label descriptions, form fields have wrong audible labels, and close buttons on overlay screens do not work with Voiceover. Additionally, the "Cart" and "My Account" icons lack audible labels, new window screens opened upon adding items to the cart are not announced, the application is not fully accessible by keyboard only, error messages are visually displayed but not announced, and mobile app buttons lack proper roles for Voiceover.

This lawsuit highlights a significant legal risk for businesses operating e-commerce mobile applications that fail to integrate accessibility features. Such businesses could face similar ADA Title III lawsuits, incurring costs for legal fees, expert fees, and the substantial expense of remediating their digital platforms to comply with WCAG standards and federal regulations. This action underscores the necessity for all digital public accommodations to ensure their mobile applications are fully usable by individuals with visual impairments to avoid denying full and equal access to goods and services.