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ADA Website Accessibility Lawsuit: an automotive parts retailer

Case # · District Court, S.D. Florida · Filed May 11, 2020

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

WCAG 2.0 AA Non-ComplianceScreen Reader IncompatibilityMislabeled LinksEmpty Form FieldsKeyboard Navigation Failure

Case Summary

Plaintiff Nelson Fernandez has filed a federal lawsuit in the United States District Court, Southern District of Florida, on May 11, 2020, against an automotive parts retailer. The plaintiff alleges that the defendant's e-commerce website is not fully accessible to visually disabled individuals, violating ADA Title III, and also includes a common law trespass claim related to data collection.

The complaint specifically alleges several WCAG violations, including a mislabeled homepage link, empty forms, inconsistent site interfacing with screen reader software, and mislabeled links. Furthermore, the website lacks prompting information and accommodations for visually disabled users to fill out online forms and does not meet Web Content Accessibility Guidelines (“WCAG”) 2.0 Level AA or higher versions. The plaintiff, who relies on screen reader software, was unable to effectively navigate or communicate with the website due to these pervasive barriers.

This legal action highlights the ongoing risk for online retailers and other businesses operating digital platforms that fail to implement robust accessibility features. Such entities face potential ADA Title III lawsuits, demanding injunctive relief to remedy inaccessible website features and ensure equal access for individuals with disabilities, in addition to claims for common law trespass related to data collection without informed consent.

Case Q&A

What specific WCAG violations is this automotive parts retailer accused of?

The automotive parts retailer is accused of having a mislabeled homepage link, empty forms, inconsistent site interfacing with screen reader software, and mislabeled links. The website also lacks prompting information for online forms and does not meet WCAG 2.0 Level AA or higher.

Who filed this lawsuit, and which law firm?

This lawsuit was filed by Nelson Fernandez, 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 businesses with e-commerce websites that are not accessible to visually disabled users, potentially leading to lawsuits demanding injunctive relief for ADA Title III violations and claims of trespass due to unauthorized data tracking.

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