ADA Website Accessibility Lawsuit: Cosmetics Retailer

Aishia Petersen, a visually-impaired individual, filed a lawsuit on July 21, 2022, in the United States District Court Southern District of Florida, Miami Division, against an online cosmetics retailer operating an e-commerce platform. The plaintiff is represented by ACACIA BARROS, P.A., and seeks permanent injunctive relief under Title III of the Americans with Disabilities Act of 1990, alleging that the defendant's website is not fully or equally accessible to blind or visually impaired consumers.

The complaint specifically alleges several accessibility barriers, including duplicate IDs where the same label is used on multiple images, unannounced prices preventing purchase completion, an inaccessible "Locate a Store" page that skips address information, banners and images lacking alternative text descriptions, and an unannounced checkout pop-up window lacking focus. These issues allegedly impede screen-reading software, denying the plaintiff full and equal enjoyment of the website's goods and services.

This legal action underscores the imperative for other online retailers and e-commerce platforms, particularly those functioning as an extension of physical stores, to rigorously ensure their websites are fully accessible to disabled users. Non-compliance with ADA Title III, especially regarding auxiliary aids and services for effective communication, presents significant legal and financial risks, including demands for injunctive relief and attorney's fees.