ADA Website Accessibility Lawsuit: an online cosmetics 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., has filed an ADA Title III lawsuit against an online cosmetics retailer in the United States District Court, Southern District of Florida. The complaint, dated March 13, 2020, asserts claims related to the inaccessibility of the defendant's e-commerce website for visually disabled users.
The lawsuit specifically alleges several WCAG violations, including site functions like chat options and menu drop-downs that are not labeled, content that is not presented in a way that preserves information, and links that are either unlabeled or mislabeled, thus preventing visually disabled individuals from fully using the website with screen reader software. Additionally, the complaint includes a claim of trespass, stating that the e-commerce website placed information-gathering software and browser cookies on the plaintiff's personal computer without his knowledge or consent.
This case underscores the critical legal obligation for online businesses, especially those operating e-commerce platforms, to ensure their digital services comply with web accessibility standards such as WCAG 2.0 Level AA or higher. Failure to do so exposes such businesses to significant legal risks, including potential lawsuits seeking injunctive relief, compensatory damages, and orders to implement comprehensive accessibility policies and training.
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Case Q&A
What specific WCAG violations is this online cosmetics retailer accused of?
The online cosmetics retailer is accused of having site functions (like chat options and menu drop-downs) that are not labeled, content not presented without losing information, and links that are either unlabeled or mislabeled.
Who filed this lawsuit, and which law firm?
Nelson Fernandez filed this lawsuit, represented by the law firms Roderick V. Hannah, Es
, P.
and Law Office of Pelayo Duran, P.
What legal risk does this create?
This creates legal risk for online businesses that fail to ensure their websites are fully accessible to disabled users, potentially leading to ADA Title III lawsuits, court-ordered injunctions, and demands for compensatory damages.