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ADA Website Accessibility Lawsuit: an electronics and home goods retailer

Case # · District Court, S.D. Florida · Filed June 4, 2020

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.

WCAG 2.0 Level AA Non-ComplianceScreen Reader IncompatibilityMislabeled LinksEmpty Form FieldsInaccessible Dropdown Menus

Case Summary

Plaintiff Nelson Fernandez has filed a lawsuit against an online electronics and home goods retailer in the United States District Court for the Southern District of Florida, dated June 4, 2020. The complaint alleges that the retailer's website fails to comply with Title III of the Americans with Disabilities Act (ADA), thereby denying visually disabled individuals equal access to its services, privileges, and advantages. The plaintiff is represented by Roderick V. Hannah, Esq., P.A. and Law Office of Pelayo Duran, P.A.

The lawsuit specifically details several accessibility barriers on the e-commerce website, including mislabeled homepage links, empty forms, site functions like menu drop-down options not labeled for screen readers, and content presented in a way that loses information and structure. The complaint also asserts that the defendant's website lacks prompting information for online forms, an effectively accessible "accessibility" notice, and does not meet Web Content Accessibility Guidelines (WCAG) 2.0 Level AA or higher versions.

This litigation highlights the ongoing legal risk for businesses operating websites that are not fully accessible to individuals with visual disabilities. Companies in the retail sector, particularly those with a physical presence and an online platform, must ensure their digital services comply with ADA Title III and established accessibility standards, such as WCAG, to avoid potential lawsuits, injunctions, and declarations of non-compliance.

Case Q&A

What specific WCAG violations is this electronics and home goods retailer accused of?

This electronics and home goods retailer is accused of several WCAG violations, including mislabeled homepage links, empty forms, site functions like menu drop-down options not labeled to integrate with screen readers, and content presented in a way that loses information and structure. Additionally, the website lacks prompting information for online forms and an effectively accessible "accessibility" notice.

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 lawsuit indicates a significant legal risk for businesses, especially those in retail with both physical and online stores, if their websites are not fully accessible to individuals with visual disabilities. Non-compliance with ADA Title III and WCAG standards can lead to injunctions, demands for website remediation, and declarations of unlawful discrimination.

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