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ADA Website Accessibility Lawsuit: Online Hydroponics and Gardening Supply Retailer

Case # · District Court, S.D. Florida · Filed January 14, 2020

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

WCAG 2.0 Level AAMissing Alt TextKeyboard Navigation FailureScreen Reader IncompatibilityForm Accessibility

Case Summary

Plaintiff VICTOR ARIZA has filed a lawsuit in the United States District Court, Southern District of Florida, on January 14, 2020, against an online retailer of hydroponics and gardening supplies. The complaint alleges that the defendant's website is inaccessible to visually disabled individuals using screen reader software, thereby violating Title III of the Americans with Disabilities Act.

The lawsuit specifically details several WCAG violations, including site functions like menus not displaying options, unlabeled price filter options, mislabeled images, and mislabeled social media links. It further asserts that the website lacks necessary prompting information for online forms, does not feature an "Accessibility Notice," and fails to meet WCAG 2.0 Level AA standards. Additionally, the complaint alleges a lack of web accessibility policies, committees, coordinators, user testing, bug fix policies, automated testing, and dedicated customer assistance for visually disabled users.

This case highlights the ongoing legal challenges faced by businesses operating e-commerce websites that do not comply with digital accessibility standards. Companies in similar industries are at risk of legal action under ADA Title III if their online platforms create barriers for disabled users, potentially leading to court orders for injunctive relief, website modifications, and significant legal costs.

Case Q&A

What specific WCAG violations is this online hydroponics and gardening supply retailer accused of?

The online platform is alleged to have several accessibility barriers, including site functions like menus not displaying options, unlabeled price filter options, mislabeled images, mislabeled social media links, lack of prompting information for online forms, and the absence of an accessibility notice. The platform also allegedly fails to meet WCAG 2.0 Level AA standards.

Who filed this lawsuit, and which law firm?

VICTOR ARIZA filed this lawsuit, represented by RODERICK V. HANNAH, ES

, P.

and LAW OFFICE OF PELAYO DURAN, P.

What legal risk does this create?

This lawsuit highlights the legal risk for online retailers whose websites are not fully accessible to visually disabled individuals using screen reader software. Non-compliance with ADA Title III and WCAG standards can lead to demands for injunctive relief, requiring extensive website modifications, implementation of accessibility policies, and potentially covering the plaintiff's attorney's fees and costs.

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