E-commerce & Retail Accessibility
E-commerce businesses are the most frequently sued sector for web accessibility violations. Accessible online shopping is both a legal requirement and a significant business opportunity.
Highest Risk Sector
E-commerce and retail represent over 30% of all web accessibility lawsuits. In 2023, over 4,000 federal lawsuits targeted retail websites. Major retailers have faced multimillion-dollar settlements.
E-commerce Accessibility Statistics
4,000+
retail accessibility lawsuits in 2023
$13B
annual e-commerce spending by people with disabilities
71%
of customers with disabilities leave inaccessible sites
96.3%
of top retail sites have accessibility errors
Legal Framework
ADA Title III
E-commerce websites are considered places of public accommodation. Courts have consistently ruled:
- Retailers with physical stores: Websites must be accessible as an extension of the physical store
- Online-only retailers: Many courts extend ADA coverage to pure-play e-commerce
- Marketplaces: Both platform operators and sellers may have obligations
Practical Standard: WCAG 2.1 Level AA is the de facto standard used in settlements and court orders.
Private Lawsuits
- No damages in most circuits
- Attorney's fees often $15K-$50K
- Injunctive relief (must fix site)
- Serial plaintiff activity common
DOJ Enforcement
- Civil penalties up to $75K first violation
- Up to $150K subsequent violations
- Compliance agreements
- Monitoring requirements
Critical E-commerce Touchpoints
Requirements:
- Product images: Descriptive alt text for all images (not "product image" or "IMG_001")
- Product videos: Captions and audio descriptions
- Size/color selection: Keyboard accessible, not color-only
- Price/availability: Programmatically determinable
- Reviews: Accessible star ratings and review text
- Zoom functionality: Keyboard accessible magnification
Requirements:
- Search field with visible label
- Autocomplete accessible to screen readers
- Filter checkboxes with proper labels
- Price range sliders with alternatives
- Sort dropdowns keyboard accessible
- Results count announced to AT
Common Violations:
- Filters that refresh page without warning
- Slider controls not keyboard operable
- Search results not announced
- "Clear all" buttons without accessible names
Shopping Cart:
- Cart updates announced to screen readers
- Quantity fields with proper labels
- Remove buttons clearly identified
- Subtotal/total programmatically associated
Checkout Process:
- All form fields with visible labels
- Required fields clearly marked
- Error messages associated with fields
- Address autocomplete accessible
- Step indicators accessible
- Order summary readable
Payment Form Requirements:
- Card number, expiration, CVV fields labeled
- Payment method selection accessible
- Digital wallet buttons keyboard accessible
- 3D Secure/verification accessible
- Error handling for declined cards
Third-Party Payment Processors:
If using Stripe, PayPal, or other processors, ensure their embedded forms meet accessibility requirements. You may be liable for third-party accessibility failures.
Top E-commerce Accessibility Issues
| Issue | Prevalence | WCAG Criterion | Fix |
|---|---|---|---|
| Missing alt text on product images | Very High | 1.1.1 | Add descriptive alt text to all product images |
| Form fields without labels | High | 1.3.1, 3.3.2 | Add visible labels or aria-label |
| Insufficient color contrast | High | 1.4.3 | Ensure 4.5:1 ratio for text |
| Keyboard traps in modals | Medium | 2.1.2 | Proper focus management |
| Dynamic content not announced | High | 4.1.3 | Use ARIA live regions |
| CAPTCHA without alternatives | Medium | 1.1.1 | Add audio CAPTCHA or alternatives |
Notable E-commerce Settlements
| Company | Year | Settlement | Key Terms |
|---|---|---|---|
| Target Corporation | 2008 | $6 million | Landmark case establishing e-commerce liability |
| Winn-Dixie Stores | 2017 | Injunctive relief | First trial verdict for website accessibility |
| Major Fashion Retailer | 2023 | $1.5 million | WCAG 2.1 AA compliance, monitoring |
| Home Goods Chain | 2023 | $750,000 | Mobile app remediation required |
| Grocery Delivery Service | 2024 | $500,000 | App and website accessibility |
Privacy Compliance for E-commerce
E-commerce sites collect significant personal data requiring privacy compliance:
Data Collected:
- Purchase history and preferences
- Payment information
- Shipping addresses
- Browsing behavior and cookies
- Account credentials
Requirements:
- CCPA/CPRA: "Do Not Sell" link
- Honor GPC opt-out signals
- Privacy policy disclosure
- Data subject request handling
- Breach notification procedures
E-commerce Accessibility Checklist
Litigation Risk
HIGHEST
E-commerce is the #1 target for ADA website lawsuits
Business Case
$13 Billion
Annual online spending by people with disabilities