ADA Website Accessibility Lawsuit: an online clothing retailer
Plaintiff's Firm: GOTTLIEB & ASSOCIATES PLLC
Case Summary
Plaintiff EDERY HERRERA, a visually-impaired individual, filed a federal complaint in the United States District Court Southern District of New York on January 28, 2026, against an online retail store. The lawsuit alleges that the defendant's interactive website fails to provide full and equal access to blind and visually-impaired persons, thereby violating Title III of the Americans with Disabilities Act (ADA), as well as state and city human rights laws.
The complaint details numerous WCAG violations, including the lack of alternative text for non-text elements and linked images, empty links without textual descriptions, and redundant links causing navigation difficulties for screen-reader users. Further alleged barriers include web pages with identical title elements, broken links that are not communicated by screen-reading software, scripts without equivalent text, inaccessible forms, content where meaning is not conveyed beyond visual presentation, and difficulties with text resizing, time limits, discernible keyboard focus indicators, and programmatic determination of human language and UI element roles. Inaccessible Portable Document Format (PDFs) and markup errors are also cited as issues.
This legal action underscores the significant risk faced by online retail platforms and e-commerce websites that do not prioritize digital accessibility. Such businesses may be subject to similar lawsuits, leading to demands for permanent injunctions to correct access barriers, modifications to corporate policies, and potential compensatory and punitive damages for discrimination against individuals with disabilities.
Unlock Full Intelligence Report
Obtain the technical WCAG violation analysis, target metadata, and legal stakes for Case #.
Case Q&A
What specific WCAG violations is this online clothing retailer accused of?
The online clothing retailer is accused of numerous WCAG violations, including missing alt-text for non-text elements and linked images, empty links, redundant links, identical page titles, uncommunicated broken links, inaccessible forms, and issues with keyboard operability, text resizing, and the programmatic determination of UI elements. Inaccessible PDFs and markup errors are also cited.
Who filed this lawsuit, and which law firm?
EDERY HERRERA filed this lawsuit, and he is represented by the law firm GOTTLIEB & ASSOCIATES PLLC.
What legal risk does this create?
This lawsuit highlights the legal risk for any online retail platform or e-commerce website that fails to ensure its digital content and services are fully accessible to individuals with disabilities, potentially resulting in ADA Title III litigation, costly injunctive relief, and significant financial liabilities.