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ADA Website Accessibility Lawsuit: an online swimwear retailer

Case # · District Court, S.D. Florida · Filed December 27, 2023

Plaintiff's Firm: J. COURTNEY CUNNINGHAM, PLLC.

WCAG 2.1 AAScreen Reader IncompatibilityMissing Alt TextKeyboard Navigation IssuesMissing Form Labels

Case Summary

Plaintiff James Watson, represented by J. Courtney Cunningham, PLLC., filed a lawsuit on December 27, 2023, in the U.S. District Court, Southern District of Florida, against an online swimwear retailer. The complaint alleges that the retailer's mobile website is not fully accessible to visually impaired consumers, thereby violating Title III of the Americans with Disabilities Act of 1990.

The lawsuit specifically cites multiple WCAG 2.1 Level A and AA violations. These include Guideline 1.1.1 (Non-Text Content) due to unlabeled star images, Guideline 1.3.1 (Info and Relationships) because the Size Guide table is not labeled correctly, Guideline 1.3.2 (Meaningful Sequence) as a 'View Product Description' link lacks focus and announcement, Guideline 2.4.3 (Focus Order) where the Size Guide table is not announced after selection, Guideline 3.3.2 (Labels or Instructions) for an unlabeled 'Chat' button, and Guideline 4.1.2 (Name, Role, Value) concerning an unlabeled 'Apple Pay' button.

This action underscores the significant legal exposure for businesses whose digital platforms fail to provide equal access for disabled individuals. The plaintiff seeks injunctive relief, attorney's fees, and litigation expenses, highlighting the continuous risk for any e-commerce website that does not comply with ADA accessibility standards, as it denies visually impaired users the same enjoyment of goods and services available to others.

Case Q&A

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

The complaint alleges violations including Guideline 1.1.1 (Non-Text Content for star ratings), Guideline 1.3.1 (Info and Relationships for the Size Guide table), Guideline 1.3.2 (Meaningful Sequence for product descriptions), Guideline 2.4.3 (Focus Order for the Size Guide), Guideline 3.3.2 (Labels or Instructions for the 'Chat' button), and Guideline 4.1.2 (Name, Role, Value for the 'Apple Pay' button).

Who filed this lawsuit, and which law firm?

James Watson filed this lawsuit, represented by J. Courtney Cunningham, PLLC.

What legal risk does this create?

This case demonstrates the ongoing legal risk for e-commerce businesses that fail to ensure their websites are fully accessible to individuals with disabilities, potentially leading to lawsuits demanding injunctive relief and substantial legal costs under ADA Title III.

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