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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 Text on Product ImagesKeyboard Navigation FailureScreen Reader IncompatibilityDuplicate Image IDs

Case Summary

Plaintiff Aishia Petersen, a legally blind individual, has filed a lawsuit on July 19, 2022, in the United States District Court for the Southern District of Florida, Miami Division. The complaint targets an online fashion retailer, alleging that its e-commerce website fails to provide full and equal access to visually impaired consumers, thereby violating Title III of the Americans with Disabilities Act (ADA).

The lawsuit specifically details multiple accessibility barriers encountered on the e-commerce website. These include product images and banners that are mislabeled, often displaying image links or numbers instead of descriptive text. Duplicate IDs are used for images on product pages, leading to the same label being applied to multiple products. The 'Stores' page on the website is not keyboard-friendly, hindering navigation for screen reader users, and product prices are frequently skipped, making them undetectable. Additionally, the 'Add to Bag' feature lacks clear announcements or confirmations, and the shopping bag icon does not receive focus, preventing effective checkout. These issues, among 18 unique WCAG-related barriers, render the platform incompatible with screen-reading software.

This litigation underscores the ongoing legal exposure for businesses operating e-commerce platforms that do not meet digital accessibility standards. Companies that are public accommodations under ADA Title III must ensure their websites provide effective communication and equal access for individuals with disabilities, or they risk similar lawsuits demanding injunctive relief, attorneys' fees, and significant operational changes to achieve 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 being mislabeled, duplicate IDs on product page images, a 'Stores' page that is not keyboard-friendly, skipped product prices, and issues with the 'Add to Bag' function including lack of confirmation and focus.

Who filed this lawsuit, and which law firm?

The lawsuit was filed by Aishia Petersen, a legally blind individual, and is represented by ACACIA BARROS, P.

What legal risk does this create?

This creates a legal risk for other online retailers whose websites may not be accessible to individuals with disabilities, potentially leading to lawsuits under ADA Title III for injunctive relief, attorneys' fees, and mandatory website modifications.

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