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ADA Website Accessibility Lawsuit: an athletic footwear and apparel retailer

Case # · District Court, S.D. Florida · Filed May 25, 2022

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

Screen Reader IncompatibilityKeyboard Navigation FailureMissing Alt Text on ImagesDynamic Content AccessibilityForm Field Labeling Issues

Case Summary

Plaintiff Aishia Petersen, represented by ACACIA BARROS, P.A., filed a federal lawsuit in the Southern District of Florida on May 25, 2022, against an athletic footwear and apparel retailer. The complaint alleges that the defendant's e-commerce platform fails to provide equal access to visually impaired and legally blind consumers, violating Title III of the Americans with Disabilities Act.

The lawsuit specifically claims that the website is incompatible with screen-reader software, presenting multiple access barriers. These include "Store Locator" map navigation issues (announcing "marker index zero button" instead of addresses), duplicate IDs on elements, mislabeled or undescribed images on the home page and product pages, unannounced pop-up windows for "Add to Cart" actions, and skipped or unannounced product details (price, color, size) during selection and checkout. The complaint references "WCAG=World Content Accessibility Guidelines" and identifies hundreds of incompatible code-lines.

This case highlights the significant legal risks faced by online retailers whose websites are not fully accessible to individuals with visual impairments. Businesses operating e-commerce platforms must ensure compliance with ADA Title III regulations, including providing effective communication and auxiliary aids and services, to avoid similar litigation and ensure equal access to goods and services for all customers.

Case Q&A

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

The retailer is accused of multiple access barriers, including screen-reader incompatibility with its "Store Locator" map (announcing button IDs instead of addresses), duplicate element IDs, images lacking proper descriptions, unannounced pop-up windows for "Add to Cart" functionality, and skipped product details like price, color, and size during the shopping and checkout process.

Who filed this lawsuit, and which law firm?

Plaintiff Aishia Petersen filed this lawsuit, represented by the law firm ACACIA BARROS, P.

What legal risk does this create?

This lawsuit demonstrates the ongoing legal risk for e-commerce businesses that fail to ensure their websites are accessible to disabled users under ADA Title III. Such failures can lead to injunctions, attorney's fees, and court costs, underscoring the necessity for businesses to audit and remediate their digital platforms for accessibility.

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