ADA Website Accessibility Lawsuit: an online sporting goods retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A., and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff NELSON FERNANDEZ has filed a lawsuit in the United States District Court Southern District of Florida on May 12, 2020, against an online sporting goods retailer. The complaint alleges that the retailer's e-commerce website fails to provide equal access to visually disabled users, thereby violating Title III of the Americans with Disabilities Act.
The lawsuit specifies several critical WCAG violations, including missing descriptions for image content, unlabeled links, site functions like color and quantity options not labeled for screen reader integration, and a general lack of prompting information for visually disabled individuals to accurately fill out online forms. Furthermore, the website's “accessibility” notice itself was inaccessible, and the platform allegedly fails to meet WCAG 2.0 Level AA standards, preventing full use by those relying on screen reader software.
This action highlights the legal exposure for similar e-commerce businesses that operate websites or digital platforms without adhering to ADA Title III and WCAG guidelines. Companies in the retail sector, particularly those with online stores linked to physical locations, must ensure their digital presence is fully accessible to all users to mitigate the risk of litigation and costly injunctive relief.
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Case Q&A
What specific WCAG violations is this online sporting goods retailer accused of?
The online sporting goods retailer is accused of having missing descriptions for image content, unlabeled links, site functions (like color and quantity options) not labeled for screen reader integration, and a lack of prompting information for visually disabled individuals to fill out online forms. Additionally, the website's "accessibility" notice was inaccessible, and it failed to meet WCAG 2.0 Level AA 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 significant legal risk for businesses with non-compliant e-commerce websites, as they may face similar lawsuits under ADA Title III, requiring costly website remediation, attorney's fees, and court-ordered injunctive relief to ensure their digital platforms are accessible to all users.