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ADA Website Accessibility Lawsuit: an online fashion retailer

Case # · District Court, S.D. Florida · Filed February 2, 2023

Plaintiff's Firm: Mendez Law Offices, PLLC

WCAG 2.1 Level AMissing Audible LabelsKeyboard Navigation FailureIncorrect Focus OrderInaccessible Error Suggestions

Case Summary

ALEJANDRO ESPINOZA, represented by Mendez Law Offices, PLLC, has filed an ADA Title III website accessibility lawsuit against an online fashion retailer in the United States District Court for the Southern District of Florida on February 2, 2023. The plaintiff, who is visually impaired and uses screen reader software, alleges that the defendant's e-commerce website contains numerous accessibility barriers preventing him from fully accessing its products and services.

The complaint details several WCAG 2.1 Level A violations, including missing or blank audible labels for carousel images and images under specific headings, technical code rendered as labels, a lack of audible error suggestions for input fields like email and gift card numbers, and an incorrect focus order for the "Find a store" functionality. Further issues cited involve unavailable audible suggestions for location fields, insufficient context for toggled checkbox labels within a size guide, links that fail to indicate redirection, missing audible indicators for selected product sizes, incomplete audible labels for shipping options without price information, and keyboard navigation problems affecting credit card input processing.

This litigation underscores the critical importance for e-commerce businesses, particularly online fashion retailers, to ensure their digital platforms are fully compliant with ADA Title III and WCAG 2.1 Level A standards. Failure to provide equal access to visually disabled users, especially those relying on screen readers, exposes companies to significant legal risks, including demands for injunctive relief to remediate accessibility barriers and potential damages.

Case Q&A

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

The retailer is accused of WCAG 2.1 Level A violations including missing or blank audible labels for images and carousels (3.3.2), technical code rendered as labels (3.3.2), lack of audible error suggestions for input fields like email and gift card numbers (3.3.3), incorrect focus order for the 'Find a store' functionality (2.4.3), unavailable audible suggestions for location fields (3.3.2), insufficient context for toggled checkbox labels (3.3.2), links that fail to indicate redirection (3.3.2), missing audible indicators for selected options (3.3.2), incomplete audible labels for shipping options without price (3.3.2), and keyboard navigation issues (2.1.1).

Who filed this lawsuit, and which law firm?

ALEJANDRO ESPINOZA filed this lawsuit, represented by Mendez Law Offices, PLLC.

What legal risk does this create?

This lawsuit highlights the legal risk that e-commerce businesses face when their websites are not fully accessible to individuals with disabilities, particularly those who use screen reader software, potentially leading to demands for injunctive relief and damages under ADA Title III.

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