ADA Website Accessibility Lawsuit: an online apparel retailer

Felipe Fernandez, a visually-impaired individual, initiated this action in the United States District Court for the Southern District of New York on March 31, 2025. Represented by STEIN SAKS, PLLC, Mr. Fernandez alleges that an online apparel retailer's website presented significant accessibility barriers, preventing him and other blind or visually-impaired persons from fully accessing its products and services, thereby violating the Americans with Disabilities Act (ADA) Title III and the New York City Human Rights Law (NYCHRL). The complaint seeks a permanent injunction to rectify these digital shortcomings and ensure equal access for all potential consumers.

The lawsuit articulates numerous specific Web Content Accessibility Guidelines (WCAG) violations that rendered the website unusable with screen-reading software. Key issues included the absence of text equivalents for non-text elements, poorly described link purposes, and a lack of discernible keyboard focus indicators. Further, the platform allegedly suffered from incorrectly formatted lists, unannounced pop-ups, and interactive elements with unclear labels. Critical deficiencies also comprised an inability to resize text without losing functionality, enforced time limits without user control, and the presence of broken links, which are particularly disorienting for visually-impaired users. The complaint also highlighted an inaccessible Portable Document Format (PDF) and issues with dynamic content loading, such as "infinite scroll," hindering footer access.

This litigation underscores the increasing legal imperative for all businesses operating digital platforms to ensure full accessibility for individuals with disabilities. Failing to adhere to established standards like WCAG 2.1 can expose entities to substantial legal risks, including class action lawsuits, demands for injunctive relief, and significant monetary damages under federal and local anti-discrimination statutes. The complaint emphasizes that a continuous, proactive approach to accessibility, incorporating both automated screening and user testing by disabled individuals, is essential to mitigate these exposures and foster inclusive digital environments.