ADA Website Accessibility Lawsuit: online freeze-dried food retailer

MYKAYLA FAGNANI, on behalf of herself and all other similarly situated persons, has filed a federal complaint in the United States District Court, Southern District of New York, on January 27, 2026, against an online freeze-dried food retailer. Represented by GOTTLIEB & ASSOCIATES PLLC, the plaintiff, who is visually-impaired and legally blind, alleges that the retailer's interactive website fails to meet digital accessibility standards under Title III of the Americans with Disabilities Act (ADA).

The complaint specifically details a range of alleged accessibility barriers, including a lack of alternative text for graphical images and linked images, missing title frames for identification and navigation, and an absence of equivalent text for scripts. Further issues include inaccessible forms, content not conveyed programmatically, and text that cannot be resized without loss of functionality. The website is also cited for enforcing time limits without user control, lacking descriptive page titles, unclear link purposes, and missing discernible keyboard focus indicators. Other violations encompass the inability to programmatically determine default human language, unadvised context changes upon focus or setting changes, absent labels/instructions for user input (such as captcha prompts), and improper markup language implementation. Inaccessible Portable Document Format (PDFs), unprogrammatically determined UI elements, empty links, redundant links, same title elements across pages, and broken links that confuse screen-reader users are also listed as significant barriers preventing equal access.

This lawsuit highlights the ongoing legal risks for online retailers and other public accommodations whose digital platforms are not accessible to individuals with visual impairments. Businesses operating interactive websites that offer goods and services may face similar litigation if they fail to adhere to established accessibility guidelines, such as WCAG 2.0. The plaintiff seeks permanent injunctive relief to compel the defendant to remediate its website, underscoring the necessity for comprehensive digital accessibility policies and practices to avoid discrimination under federal and state disability laws.