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ADA Website Accessibility Lawsuit: an online fashion clothing retailer

Case # · District Court, S.D. Florida · Filed August 5, 2022

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

WCAG 2.1 AAScreen Reader IncompatibilityKeyboard Navigation FailureMissing Alt TextDuplicate Element IDs

Case Summary

Plaintiff Aishia Petersen, represented by ACACIA BARROS, P.A., filed a lawsuit in the United States District Court, Southern District of Florida on August 5, 2022. The complaint alleges that an online fashion clothing retailer's website violates Title III of the Americans with Disabilities Act by not being fully or equally accessible to blind and visually impaired consumers.

The lawsuit details specific Web Content Accessibility Guidelines (WCAG) violations, including mislabeled product images where the website code uses image links or numbers instead of product descriptions. It further claims that some image descriptions only function with a mouse, hindering keyboard navigation. Other issues identified are duplicate IDs for images, elements lacking proper text or alt attributes, an unannounced 'Add to Bag' button preventing checkout, and an inaccessible 'Visit Stores' page that skips store addresses and fails to respond to keyboard commands, making it incompatible with screen-reader software.

This legal action underscores the significant risk faced by businesses operating e-commerce platforms that fail to provide accessible digital experiences. Companies with online sales channels must ensure their websites are designed, maintained, and operated to be fully and equally accessible, providing effective communication and equal access to goods and services for all users, including those who rely on screen-reading software, to avoid similar ADA Title III litigation.

Case Q&A

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

The online fashion clothing retailer is accused of product images being mislabeled, image descriptions only working with a mouse, duplicate image IDs, missing text or alt attributes, an unannounced 'Add to Bag' button for checkout, and an inaccessible store locator page due to screen-reader and keyboard navigation issues.

Who filed this lawsuit, and which law firm?

Plaintiff Aishia Petersen filed this lawsuit, represented by ACACIA BARROS, P.

What legal risk does this create?

This lawsuit highlights the legal risk for e-commerce businesses that fail to ensure their websites are fully accessible to individuals with disabilities, especially those using screen-reading software, under Title III of the Americans with Disabilities Act.

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