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ADA Website Accessibility Lawsuit: an arts and crafts retailer

Case # · District Court, S.D. Florida · Filed June 1, 2020

Plaintiff's Firm: Roderick V. Hannah, ESQ., P.A. and Law Office of Pelayo Duran, P.A.

WCAG 2.0 Level AAMissing Alt TextScreen Reader IncompatibilityUI Element AccessibilityForm Accessibility

Case Summary

Plaintiff DANIEL MONCADA, represented by Roderick V. Hannah, ESQ., P.A. and Law Office of Pelayo Duran, P.A., filed a lawsuit against an online arts and crafts retailer in the United States District Court for the Southern District of Florida on June 1, 2020. The complaint alleges that the retailer's mobile website discriminates against visually disabled individuals by failing to provide equal access to its online services and information, thereby violating Title III of the Americans with Disabilities Act (ADA).

The lawsuit specifically identifies several Web Content Accessibility Guidelines (WCAG) violations on the mobile website. These include the failure to describe drop-down buttons, maps or icons on maps, and images or products, making it inaccessible to screen reader software users. Additionally, the platform lacks prompting information for online forms, an accessibility notice or policy, and a dedicated contact for disabled users, hindering effective communication and equal enjoyment of services.

This action highlights significant legal risks for e-commerce businesses that do not ensure their digital platforms are fully accessible to individuals with disabilities. Companies operating online services, especially those with a nexus to physical stores, must implement web accessibility policies, conduct regular audits, and provide auxiliary aids to avoid potential ADA Title III litigation and ensure compliance with federal anti-discrimination laws.

Case Q&A

What specific WCAG violations is this arts and crafts retailer accused of?

The arts and crafts retailer's mobile website is accused of lacking descriptions for drop-down buttons, maps or icons on maps, and images or products. It also fails to provide prompting information for online forms and an accessibility notice or policy.

Who filed this lawsuit, and which law firm?

The lawsuit was filed by DANIEL MONCADA, and he is 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 other e-commerce businesses, particularly those connected to physical retail, as it underscores the necessity of having fully accessible digital platforms to comply with ADA Title III and avoid potential lawsuits for discrimination against individuals with disabilities.

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