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ADA Website Accessibility Lawsuit: an online tanning and skincare retailer

Case #NY-70539061 · District Court, S.D. New York · Filed June 14, 2025

Plaintiff's Firm: GOTTLIEB & ASSOCIATES PLLC

WCAG 2.0 AAMissing Alt TextEmpty LinksRedundant LinksNon-Unique Page Titles

Case Summary

Plaintiff Mykayla Fagnani, a visually-impaired individual, has initiated a civil rights action against an online tanning and skincare retailer in the United States District Court for the Southern District of New York. This complaint, filed on June 14, 2025, alleges that the digital presence of the defendant organization fails to meet federal accessibility standards, thereby denying equal access to its products and services for blind and visually-impaired consumers.

The lawsuit specifically outlines several critical accessibility barriers encountered by the plaintiff, including a pervasive lack of alternative text for graphical images, which renders visual content undecipherable by screen-reading software. Furthermore, the site featured empty links devoid of descriptive text, creating navigation confusion, and redundant links leading to the same URL, causing unnecessary repetition for keyboard and screen-reader users. Non-unique page titles also prevented screen readers from distinguishing different pages, impeding effective navigation through the online platform.

This action underscores the growing legal imperative for all businesses operating digital platforms to ensure their online properties are fully inclusive. Failure to implement established web content accessibility guidelines, such as WCAG 2.0, exposes entities to potential litigation and significant financial liabilities, including compensatory damages, civil penalties, and attorneys' fees. Organizations across various sectors must proactively audit and remediate their digital interfaces to prevent similar claims and uphold the rights of individuals with disabilities to equal access.

Case Q&A

What specific digital accessibility failures did the plaintiff encounter on the defendant's platform?

The plaintiff experienced several critical issues, including an absence of alternative text for images, empty links lacking descriptive text, redundant links leading to identical destinations, and non-unique page titles, all of which severely hindered navigation and comprehension for screen-reader users.

Who brought this accessibility challenge, and which legal counsel is representing their interests?

Mykayla Fagnani, a visually-impaired individual, is the plaintiff in this case, and she is represented by the legal team at GOTTLIEB & ASSOCIATES PLLC.

What broader implications does this lawsuit hold for other businesses with an online presence?

This case highlights the ongoing legal requirement for online businesses to ensure their websites are fully accessible to individuals with disabilities, or risk facing similar lawsuits under ADA Title III and associated state laws, potentially incurring substantial damages and injunctive relief.

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