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ADA Website Accessibility Lawsuit: an athletic footwear and clothing retailer

Case # · District Court, S.D. Florida · Filed May 7, 2022

Plaintiff's Firm: Acacia Barros, P.A.

Missing Alt Text on ImagesKeyboard Navigation FailureScreen Reader IncompatibilityLow Contrast TextNon-Functional Interactive Elements

Case Summary

Plaintiff Raymond T. Mahlberg, represented by Acacia Barros, P.A., filed a lawsuit on May 7, 2022, in the United States District Court, Southern District of Florida, against an athletic footwear and clothing retailer. The complaint alleges that the defendant's e-commerce website is not fully accessible to blind and visually impaired consumers, thereby violating Title III of the Americans with Disabilities Act of 1990.

The complaint details several critical accessibility barriers on the defendant's website, including inadequate contrast for links like the "Store Locator," a lack of descriptive `alt` text for images throughout the site, inaccurate image descriptions on product pages, and skipped crucial information such as product prices and colors when using a screen reader. Furthermore, the plaintiff encountered issues with keyboard navigation, unannounced banners that screen readers failed to vocalize, and a non-functional removal button in the shopping cart, all of which impede independent operation by visually impaired users.

This legal action underscores the imperative for businesses, particularly those with an online sales presence and physical store locations, to ensure their digital platforms comply with ADA Title III. Companies failing to provide an accessible online experience risk similar lawsuits, potential injunctions mandating costly website remediation, and financial liabilities for attorneys' fees and litigation expenses, as sought by Mr. Mahlberg in this complaint.

Case Q&A

What specific WCAG violations is this athletic footwear and clothing retailer accused of?

The retailer is accused of several WCAG violations, including poor contrast for links, missing `alt` text on images, inaccurate image descriptions, skipped price and color information for screen readers, keyboard navigation failures, unannounced banners, and a non-functional shopping cart removal button.

Who filed this lawsuit, and which law firm?

Raymond T. Mahlberg, a legally blind individual, filed this lawsuit. He is represented by the law firm Acacia Barros, P.

What legal risk does this create?

This creates a legal risk for e-commerce businesses if their websites are not accessible to individuals with disabilities, potentially leading to lawsuits under ADA Title III, demands for injunctive relief requiring website modifications, and liability for attorneys' fees and costs.

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