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ADA Website Accessibility Lawsuit: an online fashion retailer

Case # · District Court, S.D. Florida · Filed July 19, 2022

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

WCAG 2.1 AAMissing Alt TextKeyboard Navigation FailureScreen Reader IncompatibilityADA Title III Website

Case Summary

Plaintiff Aishia Petersen, a visually-impaired individual, has filed an ADA Title III lawsuit against an online fashion retailer in the Southern District of Florida on July 19, 2022. The complaint, filed by ACACIA BARROS, P.A., alleges that the retailer's e-commerce website is not fully accessible to blind or visually impaired consumers using screen-reading software.

The complaint specifically outlines several Web Content Accessibility Guidelines (WCAG) violations found on the defendant's website. These include product images and banners lacking "alt" descriptions, some image descriptions only working with a mouse and not keyboard navigation, duplicate IDs for images (same label for multiple products), non-functional keyboard controls on the "Store Locator" page preventing access to store locations, and an inaccessible "Add to Bag" feature lacking focus. An expert consultation identified 18 unique issue-barriers on just one page, indicating widespread incompatibility with screen-readers.

This action highlights the legal exposure faced by online businesses, particularly e-commerce platforms, that fail to provide equal access to their digital content and services for individuals with disabilities. Similar online retailers operating websites with comparable accessibility barriers under ADA Title III risk similar legal challenges, demanding expensive injunctive relief and modifications to ensure compliance.

Case Q&A

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

The online fashion retailer is accused of product images and banners lacking "alt" descriptions, image descriptions only working with a mouse and not keyboard, duplicate IDs for images, non-functional keyboard controls on the "Store Locator" page, and an inaccessible "Add to Bag" feature.

Who filed this lawsuit, and which law firm?

This lawsuit was filed by Aishia Petersen, represented by the law firm ACACIA BARROS, P.

What legal risk does this create?

This lawsuit demonstrates the legal risk for online businesses, especially e-commerce platforms, that do not ensure their websites are fully accessible to individuals with visual impairments, potentially leading to costly injunctions and mandatory accessibility overhauls under ADA Title III.

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