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ADA Website Accessibility Lawsuit: an online footwear retailer

Case #NYED-70707453 · District Court, E.D. New York · Filed July 4, 2025

Plaintiff's Firm: STEIN SAKS, PLLC

Missing Alt TextKeyboard Operability IssuesInaccessible FormsUnclear Link PurposeInaccessible PDFs

Case Summary

Plaintiff VALERIA JACOBS, a visually-impaired individual, has initiated a class action lawsuit against an online footwear retailer. The complaint, filed in the United States District Court, Eastern District of New York, on July 4, 2025, alleges significant digital accessibility barriers preventing equal access to the defendant organization's website by blind and visually impaired users under Title III of the Americans with Disabilities Act and New York City Human Rights Law.

The lawsuit specifically outlines numerous access barriers encountered on the defendant organization's website. These include the absence of text equivalents for non-text elements, unidentifiable title frames for navigation, and equivalent text not being provided for scripts. Furthermore, the site reportedly lacked forms with the same information and functionality as for sighted users, failed to convey meaning and structure visually, and did not allow text resizing up to 200% without content loss. Other critical issues cited were content enforcing time limits without user extension options, web pages lacking descriptive titles, and link purposes not determinable from text or context. The site also featured keyboard operability issues with indiscernible focus indicators, an inability to programmatically determine the default human language, and components initiating context changes upon focus or setting changes without user advice. Additionally, the complaint notes missing labels or instructions for user input (including captcha), invalid markup (incomplete tags, incorrect nesting, duplicate attributes, non-unique IDs), inaccessible Portable Document Format (PDF) files, and programmatic determination issues for User Interface elements. Plaintiff also experienced broken links where screen-reader software failed to communicate the error, preventing navigation back to the original search.

This action underscores the growing legal imperative for all businesses operating digital platforms to ensure full accessibility for individuals with disabilities. Companies with online presences, particularly those offering consumer goods and services, face substantial risk of litigation under Title III of the ADA and similar state laws if their websites are not designed and maintained to be independently usable by screen-reading software and other assistive technologies. Such lawsuits can lead to costly injunctive relief, requiring significant overhauls of digital infrastructure, the implementation of ongoing accessibility policies, and potentially substantial damages and legal fees, emphasizing the critical need for proactive WCAG 2.1 guideline compliance.

Case Q&A

What specific accessibility shortfalls were identified on the online platform?

The complaint details a range of accessibility deficiencies, including the absence of alternative text for non-text elements, inadequate title frames for navigation, and a lack of equivalent text for scripts. It further noted issues with forms not offering comparable functionality for all users, content structure not being conveyed non-visually, and the inability to resize text without losing content. Other problems encompassed unextendable time limits, missing page titles, unclear link contexts, and keyboard navigation problems, along with improper language declarations and unexpected context changes. The platform also featured inaccessible PDF content, issues with programmatic determination of UI elements, and a prevalence of broken links that were not communicated effectively by screen-reading software.

Who initiated this legal proceeding and which firm is representing the claimant?

VALERIA JACOBS, a visually-impaired individual, brought this civil rights action. She is represented by the legal team at STEIN SAKS, PLLC.

What is the overarching legal implication for digital service providers highlighted by this case?

This lawsuit highlights the critical need for digital service providers to maintain websites that are fully accessible to individuals with disabilities, in compliance with the Americans with Disabilities Act and other relevant accessibility statutes. Failure to implement and continuously maintain accessible digital platforms exposes businesses to significant legal and financial liabilities, including potential injunctive relief, compensatory damages, and civil penalties.

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