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ADA Website Accessibility Lawsuit: An online fashion retailer

Case # · District Court, S.D. Florida · Filed July 20, 2022

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

WCAG 2.1 AAScreen Reader Navigation BypassMissing Alt Text on BannersScreen Reader Incompatibility on Store PageUnannounced Status MessagesUnannounced Product PricesADA Title III Website

Case Summary

Plaintiff Raymond T. Mahlberg, a visually-impaired individual, filed a complaint in the United States District Court for the Southern District of Florida on July 20, 2022, against an online fashion retailer. The lawsuit seeks permanent injunctive relief under Title III of the Americans with Disabilities Act (ADA), alleging that the retailer's e-commerce website is not fully and equally accessible to blind and visually impaired consumers.

The complaint specifically details several alleged WCAG violations encountered by the plaintiff using screen-reading software. These include the website's code causing screen readers to bypass products on sale, landing page banners being mislabeled by using image links instead of proper alt descriptions, screen readers failing to function on the "Store" page, "Add to Bag" messages appearing on screen but not being announced, and product prices not being vocalized. These barriers reportedly prevent the plaintiff from independently navigating, pre-shopping, and purchasing merchandise online.

This case underscores the significant legal exposure for businesses, particularly those in the e-commerce sector, whose digital platforms fail to meet accessibility standards. Such failures can result in discrimination claims under ADA Title III, requiring costly legal remedies and modifications to ensure equal access to goods and services for individuals with disabilities, as pursued by plaintiff Raymond T. Mahlberg and his legal representation.

Case Q&A

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

This online fashion retailer is accused of screen-reader incompatibility causing bypass of products on sale, mislabeled landing page banners with image links instead of alt descriptions, non-functional screen readers on the "Store" page, unannounced "Add to Bag" messages, and unannounced product prices.

Who filed this lawsuit, and which law firm?

Raymond T. Mahlberg filed this lawsuit, and the law firm representing the plaintiff is ACACIA BARROS, P.

What legal risk does this create?

This creates a legal risk for businesses operating e-commerce websites that fail to provide accessible online platforms, potentially leading to lawsuits under ADA Title III for denying visually impaired individuals equal access to goods and services.

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