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ADA Website Accessibility Lawsuit: online fashion retailer

Case # · District Court, S.D. Florida · Filed July 18, 2022

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

WCAG 2.1 AAScreen Reader IncompatibilityMissing Alt TextKeyboard Navigation FailureMissing Video Descriptions

Case Summary

Plaintiff Aishia Petersen has filed a lawsuit in the United States District Court for the Southern District of Florida on July 18, 2022, against an online fashion retailer. Petersen, who is visually impaired and legally blind, alleges that the defendant's e-commerce website is not fully and equally accessible to her, thus violating Title III of the Americans with Disabilities Act of 1990.

The complaint details several critical WCAG violations, including mislabeled product images and banners, where image links or numbers are used instead of proper product descriptions. Additionally, images on product pages are cited for having duplicate IDs and descriptions. The "Stores" page is reportedly inaccessible, failing to announce store addresses and lacking keyboard navigation functionality, which is essential for screen-reader users. Furthermore, the website's videos lack descriptions, and despite an existing accessibility statement, there are no features to integrate with screen-reading software, resulting in hundreds of incompatible code lines.

This lawsuit underscores the significant legal risk for businesses operating e-commerce platforms that fail to provide accessible online services. Such inaccessibility can lead to a denial of full and equal access to goods, services, and privileges, creating an intangible barrier that violates the Americans with Disabilities Act. The case highlights the necessity for all online businesses, especially those with a nexus to physical stores, to ensure their digital presence adheres to ADA Title III requirements and web accessibility guidelines.

Case Q&A

What specific WCAG violations is this online fashion retailer accused of?

The online fashion retailer is accused of having mislabeled product images and banners, duplicate image IDs/descriptions on product pages, keyboard navigation failure, an inaccessible "Stores" page that does not announce addresses, videos without descriptions, and a general lack of screen-reader integration due to incompatible code.

Who filed this lawsuit, and which law firm?

Aishia Petersen, a visually impaired individual, filed this lawsuit. She is represented by the law firm ACACIA BARROS, P.

What legal risk does this create?

This lawsuit creates legal risk for online businesses that fail to ensure their websites are fully accessible to individuals with disabilities, as it may be deemed a violation of ADA Title III, leading to potential injunctions and legal costs.

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