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ADA Website Accessibility Lawsuit: an online fragrance and body care retailer

Case # · District Court, S.D. Florida · Filed December 26, 2023

Plaintiff's Firm: Adams & Associates, P.A.

Labels or Instructions (WCAG 3.3.2)No Keyboard Trap (WCAG 2.1.2)Focus Order (WCAG 2.4.3)Error Identification (WCAG 3.3.1)Screen Reader Incompatibility

Case Summary

Alejandro Espinoza, represented by Adams & Associates, P.A., filed an ADA Title III lawsuit in the United States District Court Southern District of Florida on December 26, 2023, against an online fragrance and body care retailer.

The complaint alleges numerous WCAG 2.2 Level A violations, including insufficient audible labels for promo slider buttons (3.3.2), keyboard traps in sort dropdowns (2.1.2), lack of audible labels for add-to-cart actions (3.3.2), incorrect focus order after adding items to cart (2.4.3), missing audible error descriptions for input fields (3.3.1), and no audible confirmation for quantity adjustments or gift modal button activations (3.3.2). Furthermore, the existing accessibility widget and statement on the defendant's platform were found to be ineffective.

This lawsuit highlights significant legal risks for businesses operating e-commerce websites that fail to adhere to WCAG standards, potentially leading to demands for injunctive relief, comprehensive policy changes, and accessibility overhauls to ensure full and equal access for visually disabled users, as mandated by the ADA.

Case Q&A

What specific WCAG violations is this online fragrance and body care retailer accused of?

The retailer is accused of WCAG 2.2 Level A violations including insufficient audible labels for promo slider buttons and add-to-cart actions, keyboard traps in dropdowns, incorrect focus order post-add-to-cart, lack of audible error identification, and no audible confirmation for quantity adjustments or gift modal interactions.

Who filed this lawsuit, and which law firm?

The lawsuit was filed by Alejandro Espinoza, and he is represented by Adams & Associates, P.

What legal risk does this create?

This case underscores the legal liability for e-commerce platforms that do not provide accessible websites for individuals with disabilities, risking lawsuits seeking injunctive relief, substantial policy modifications, and the implementation of comprehensive accessibility solutions under ADA Title III.

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