ADA Website Accessibility Lawsuit: online and brick-and-mortar apparel retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff VICTOR ARIZA has filed an ADA Title III lawsuit against an online and brick-and-mortar apparel retailer in the United States District Court, Southern District of Florida, on May 8, 2020. The complaint alleges that the defendant's website fails to provide equal access to visually disabled individuals, preventing them from fully interacting with its services and information.
The lawsuit specifically claims that the website contains multiple accessibility barriers, including missing descriptions for image content, unlabeled site function buttons, mislabeled links, and content not presented in an accessible manner. Furthermore, it is alleged that the site lacks the necessary prompting information for online forms, has an inaccessible accessibility statement, and generally fails to meet Web Content Accessibility Guidelines (WCAG) 2.0 Level AA standards or higher.
This action highlights the significant legal risk for businesses, particularly those operating both physical stores and e-commerce platforms, if their websites do not comply with ADA Title III requirements. Failure to provide an accessible digital experience can lead to demands for injunctive relief, compensatory damages, and attorney's fees, impacting similar online retailers.
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Case Q&A
What specific WCAG violations is this online apparel retailer accused of?
The online apparel retailer is accused of having a website with missing descriptions for image content, unlabeled site function buttons, mislabeled links, and content that loses information for visually disabled users. Additionally, the site allegedly lacks prompting information for online forms, has an inaccessible accessibility statement, and does not meet WCAG 2.0 Level AA standards.
Who filed this lawsuit, and which law firm?
The lawsuit was filed by VICTOR ARIZA and is represented by RODERICK V. HANNAH, ES
, P.
and LAW OFFICE OF PELAYO DURAN, P.
What legal risk does this create?
This case creates a legal risk for businesses with websites that are considered extensions of public accommodations, as they must ensure their digital platforms are accessible to individuals with disabilities under ADA Title III. Non-compliance can lead to lawsuits seeking injunctive relief to mandate website modifications, as well as damages and attorney's fees.