ADA Website Accessibility Lawsuit: an online flooring retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.
Case Summary
Plaintiff VICTOR ARIZA filed a lawsuit against an online flooring and home improvement retailer in the United States District Court for the Southern District of Florida on June 1, 2020. The complaint alleges that the retailer's website is inaccessible to visually disabled individuals, thereby violating Title III of the Americans with Disabilities Act (ADA) and its implementing regulations, preventing full and equal enjoyment of its services and facilities.
The complaint alleges the website contains pervasive access barriers including a mislabeled homepage link, content not presented without information loss, empty forms, missing descriptions for image content, and a lack of prompting information needed for screen reader software users to fill out online forms. Furthermore, the website’s stated accessibility notice was inaccessible, and the overall platform fails to meet WCAG 2.0 Level AA guidelines, notably lacking alt-text for graphics and keyboard navigation functionality.
Businesses operating e-commerce websites with a nexus to physical stores face ADA Title III lawsuits if their digital platforms are not accessible to individuals with disabilities, especially those using screen reader software. Failure to implement basic accessibility features, such as alt-text for images, keyboard navigation, and clear accessible forms, can result in declaratory and injunctive relief, as well as potential compensatory damages for related tort claims like trespass stemming from non-consensual data collection due to inaccessibility.
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Case Q&A
What specific WCAG violations is this online flooring retailer accused of?
The online flooring retailer is accused of several WCAG violations, including a mislabeled homepage link, content presented with information loss, empty forms, missing descriptions for image content, and a lack of prompting information for screen reader users to fill out online forms. The website also failed to provide an accessible accessibility notice and did not meet WCAG 2.0 Level AA guidelines regarding alt-text for graphics and keyboard navigation.
Who filed this lawsuit, and which law firm?
VICTOR ARIZA filed this lawsuit, represented by RODERICK V. HANNAH, ES
What legal risk does this create?
This creates a legal risk for businesses operating websites with a nexus to physical stores, as they may face ADA Title III lawsuits if their digital platforms are not accessible to individuals with disabilities. Failure to implement basic accessibility features can lead to declaratory and injunctive relief, and potentially compensatory damages.