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ADA Website Accessibility Lawsuit: An Online Fashion Retailer

Case # · District Court, S.D. Florida · Filed November 20, 2023

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

WCAG 2.1 AAMissing Alt TextScreen Reader IncompatibilityKeyboard Navigation FailureNo Audio DescriptionPoor Color Contrast

Case Summary

Plaintiff Aishia Petersen has filed a lawsuit in the United States District Court Southern District of Florida, Fort Lauderdale Division, on November 20, 2023, against an online fashion retailer. Petersen, who is visually impaired and legally blind, alleges that the defendant's e-commerce website is not fully or equally accessible to disabled consumers, violating Title III of the Americans with Disabilities Act of 1990.

The complaint details several critical WCAG violations, including product images lacking meaningful alternative text, the store pickup feature failing to announce address and phone numbers, an overly extensive and difficult-to-navigate menu, and the "Locate Stores" page being inaccessible to screen-readers with non-functional keyboard commands. Additionally, the landing page video controls do not work and lack audio descriptions, product details and prices are skipped on product pages, and there is poor color contrast for text and products, with no zoom feature available.

This case highlights the ongoing legal risks for online retailers and e-commerce platforms whose digital properties fail to comply with ADA Title III and WCAG standards. Businesses that do not ensure their websites are fully accessible to individuals with visual impairments through screen-reading software and other assistive technologies face potential lawsuits seeking injunctive relief, attorney's fees, and court costs to remedy discriminatory access barriers.

Case Q&A

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

The online fashion retailer is accused of product images lacking meaningful alt text, failure to announce store pickup details, an overly complex menu, inaccessible store locator information, non-functional video controls with no audio description, skipped product details and prices, and poor color contrast without a zoom feature.

Who filed this lawsuit, and which law firm?

This lawsuit was filed by Aishia Petersen, and she is represented by ACACIA BARROS, P.

What legal risk does this create?

This lawsuit creates a legal risk for other online fashion retailers of ADA Title III claims if their websites are not accessible to visually impaired users, potentially leading to demands for injunctive relief and financial liabilities.

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