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ADA Website Accessibility Lawsuit: an online fashion retailer

Case # · District Court, S.D. Florida · Filed July 24, 2023

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

WCAG 2.1 A F65WCAG 2.1 AH71Screen Reader IncompatibilityKeyboard Navigation FailureLow Contrast Design

Case Summary

Plaintiff, Raymond T. Mahlberg, a visually-impaired individual, has filed a federal lawsuit in the United States District Court, Southern District of Florida, on July 24, 2023, against an online fashion retailer. The complaint, filed by ACACIA BARROS, P.A., alleges violations of Title III of the Americans with Disabilities Act due to inaccessible website content for blind and visually impaired users.

The complaint details several Web Content Accessibility Guidelines (WCAG) violations on the e-commerce website. These include mislabeled product images (WCAG 2.1 A F65, WCAG 2.1 AH71), duplicate IDs on elements, failure to announce store addresses and phone numbers via screen reader, skipped prices on product pages, announcement of colors as numbers, and unannounced input errors when trying to add items to a bag or enter coupon codes. Additionally, poor contrast between background, text, and products, and the absence of a zoom feature are cited as barriers.

This action highlights the significant legal risks faced by businesses operating e-commerce platforms that fail to provide full and equal access to individuals with disabilities. Retail companies, especially those with both physical stores and online presences, must ensure their digital platforms comply with ADA Title III and WCAG standards to avoid similar litigation, demands for injunctive relief, and the potential for substantial attorney's fees and litigation costs.

Case Q&A

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

The retailer is accused of mislabeled product images (WCAG 2.1 A F65, AH71), duplicate element IDs, screen reader incompatibility leading to skipped store information, unannounced prices and colors, unannounced input errors, poor contrast, and lack of a zoom feature.

Who filed this lawsuit, and which law firm?

Raymond T. Mahlberg, a visually-impaired individual, filed this lawsuit through the law firm ACACIA BARROS, P.

What legal risk does this create?

This creates a significant legal risk for other online retailers regarding non-compliance with ADA Title III and WCAG standards, potentially leading to similar lawsuits, demands for injunctive relief to make websites accessible, and liability for attorney's fees and litigation costs.

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