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ADA Website Accessibility Lawsuit: Cosmetics Retailer

Case # · District Court, S.D. Florida · Filed September 8, 2022

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

WCAG 2.1 AAScreen Reader IncompatibilityMissing Alt TextKeyboard Focus Indication FailureInaccessible Interactive Elements

Case Summary

Plaintiff Aishia Petersen has filed a lawsuit in the United States District Court for the Southern District of Florida on September 8, 2022, alleging that an online cosmetics and makeup retailer's website is not fully accessible to blind and visually impaired consumers, violating Title III of the Americans with Disabilities Act.

The complaint specifically details several WCAG violations, including duplicate IDs on images, missing alt-text descriptions for images on the “Locate a Store” page and for map numbers, and product item descriptions (aroma and size) lacking keyboard focus and screen reader announcement. Additionally, a "live assistance" pop-up was inaccessible due to focus and announcement failures, and the "Allow access your location" feature on the "Find a store" page was also inaccessible.

This legal action highlights the ongoing necessity for all online businesses, particularly those operating e-commerce platforms and serving as extensions of physical public accommodations, to ensure their digital presence is fully compliant with ADA Title III and WCAG standards. Failure to provide effective communication and equal access for individuals with visual disabilities can lead to similar lawsuits, demanding injunctive relief, website modifications, and potential liability for attorney's fees.

Case Q&A

What specific WCAG violations is this online cosmetics and makeup retailer accused of?

The retailer is accused of having duplicate IDs on images, missing alt-text descriptions for images and map numbers, product item descriptions lacking keyboard focus and screen reader announcement, an inaccessible "live assistance" pop-up, and an inaccessible "Allow access your location" feature on its website.

Who filed this lawsuit, and which law firm?

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

What legal risk does this create?

This creates a legal risk for online businesses, emphasizing that websites must comply with ADA Title III and WCAG standards to provide equal access for visually impaired individuals, or face potential lawsuits demanding injunctive relief, website modifications, and attorney's fees.

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