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ADA Website Accessibility Lawsuit: an online women's apparel retailer

Case # · District Court, S.D. Florida · Filed March 13, 2020

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.

WCAG 2.0 Level AAMissing Button LabelsScreen Reader IncompatibilityMissing Alt TextUnlabeled Links

Case Summary

Plaintiff NELSON FERNANDEZ, represented by RODERICK V. HANNAH, ESQ., P.A., filed an ADA Title III lawsuit against an online women's apparel retailer in the United States District Court, Southern District of Florida, on March 13th, 2020. The complaint alleges that the retailer's website, an extension and gateway to its physical stores, fails to comply with federal accessibility standards.

The complaint details several critical WCAG violations on the e-commerce website, including unlabeled buttons, inconsistent site interfacing with screen readers, unlabeled Quick View options, mislabeled descriptions for image content, improperly labeled quantity options, and unlabeled links. Additionally, the website lacks an accessible 'accessibility' notice or policy, and necessary prompting information for online forms, creating significant barriers for visually disabled users.

This legal action underscores the imperative for online retailers to ensure their digital platforms offer full and equal access to individuals with disabilities. Failure to adhere to ADA Title III requirements for public accommodations can lead to significant legal exposure, demanding injunctive relief, website modifications, and potentially substantial attorney's fees and costs for non-compliant businesses.

Case Q&A

What specific WCAG violations is this online women's apparel retailer accused of?

The retailer is accused of having unlabeled buttons, inconsistent site interfacing with screen readers, unlabeled Quick View options, mislabeled descriptions for image content, improperly labeled quantity options, and unlabeled links. The website also lacks prompting information for online forms and an accessibility notice or policy.

Who filed this lawsuit, and which law firm?

This lawsuit was filed by NELSON FERNANDEZ, represented by RODERICK V. HANNAH, ES

What legal risk does this create?

This lawsuit creates a legal risk for businesses with websites that fail to provide full and equal enjoyment of services to visually disabled individuals, potentially resulting in orders for website modification, implementation of accessibility policies, and payment of attorney's fees.

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