ADA Website Accessibility Lawsuit: an online and brick-and-mortar retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff NELSON FERNANDEZ, represented by RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A., filed an ADA Title III lawsuit in the United States District Court Southern District of Florida on February 19th, 2020, against an online and brick-and-mortar retailer specializing in art and home decor. The complaint alleges that the defendant's website contains access barriers that prevent visually disabled individuals from full and equal enjoyment of its services.
The alleged WCAG violations include unlabeled buttons, unlabeled links, site functions like drop-down options not labeled to integrate with screen readers, and missing descriptions for products. The complaint further asserts that the website lacks prompting information and accommodations necessary for visually disabled users to complete online forms and does not meet the Web Content Accessibility Guidelines (“WCAG”) 2.0 Level AA or higher.
This case underscores the ongoing legal exposure for businesses with websites that fail to meet accessibility standards, particularly those with a physical retail presence. It highlights the imperative for online retailers to ensure their digital platforms are fully compliant with ADA Title III to avoid discrimination against disabled users and potential litigation.
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Case Q&A
What specific WCAG violations is this online and brick-and-mortar retailer accused of?
The retailer is accused of having unlabeled buttons, unlabeled links, drop-down options not labeled for screen readers, and missing descriptions for products. Additionally, its website lacks prompting information for online forms and does not meet WCAG 2.0 Level AA or higher standards.
Who filed this lawsuit, and which law firm?
NELSON FERNANDEZ filed this lawsuit, represented by RODERICK V. HANNAH, ES
, P.
and LAW OFFICE OF PELAYO DURAN, P.
What legal risk does this create?
This creates a legal risk for other online and brick-and-mortar retailers, emphasizing that websites must be accessible to individuals with disabilities under ADA Title III to avoid potential lawsuits and ensure equal access to digital services.