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ADA Website Accessibility Lawsuit: An Online Fashion Retailer

Case # · District Court, S.D. Florida · Filed January 8, 2020

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A., LAW OFFICE OF PELAYO DURAN, P.A.

WCAG 2.0 Level AAScreen Reader IncompatibilityMissing Alt Text for ImagesKeyboard Navigation FailureInaccessible Forms/Elements

Case Summary

Plaintiff VICTOR ARIZA has filed an ADA Title III lawsuit against an online fashion retailer in the United States District Court, Southern District of Florida, on January 8, 2020. The complaint alleges that the retailer's e-commerce website is inaccessible to visually disabled individuals, preventing equal access to its services, merchandise, and information regarding its physical stores.

The complaint specifically details several WCAG violations, including inaccessible search and shopping cart options, a mislabeled home button, site elements like drop-down options not labeled to integrate with screen reader software, and mislabeled descriptions for image content. Furthermore, it asserts that the website lacks an accessibility policy, a dedicated accessibility committee or coordinator, a bug fix priority policy, automated testing, and specialized customer assistance for visually disabled users, thereby failing to meet WCAG 2.0 Level AA or higher web accessibility standards.

This litigation highlights the critical legal risk for businesses operating e-commerce websites that also serve as extensions of physical stores, particularly those in the fashion retail sector, that fail to ensure their digital platforms are fully accessible to individuals with disabilities. Such non-compliance can lead to ADA Title III lawsuits, demanding injunctive relief, significant policy changes, and remediation of accessibility barriers, reinforcing the ongoing need for strict WCAG adherence.

Case Q&A

What specific WCAG violations is this online fashion retailer accused of?

The online fashion retailer is accused of having inaccessible search and shopping cart options, a mislabeled home button, site elements like drop-down options not labeled to integrate with screen readers, and mislabeled descriptions for image content.

Who filed this lawsuit, and which law firm?

This lawsuit was filed by VICTOR ARIZA, represented by Roderick V. Hannah, Es

, P.

and Law Office of Pelayo Duran, P.

What legal risk does this create?

This case demonstrates the legal risk to online retailers who fail to provide accessible websites for individuals with disabilities, potentially leading to lawsuits demanding remediation, policy changes, and legal fees under ADA Title III.

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