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ADA Website Accessibility Lawsuit: an online women's apparel retailer

Case # · District Court, S.D. Florida · Filed June 5, 2020

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

WCAG 2.0 AA Compliance FailureMislabeled Homepage LinkInaccessible Text FieldsProduct Information Labeling ErrorsScreen Reader Incompatibility

Case Summary

Plaintiff Nelson Fernandez, represented by RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A., initiated an ADA Title III website accessibility lawsuit in the United States District Court for the Southern District of Florida on June 5, 2020. The complaint targets an online women's apparel retailer, alleging that its digital platform fails to provide equal access to visually disabled individuals.

The lawsuit asserts that the e-commerce website contains significant access barriers, including a mislabeled homepage link, inaccessible text fields, content that loses product information when presented, and improperly labeled product details such as regular and sales prices. These deficiencies, the plaintiff argues, prevent visually disabled users from effectively communicating with and accessing the website's services, merchandise, and information about the physical stores.

This litigation underscores the imperative for online women's apparel retailers and similar businesses to prioritize digital accessibility. Non-compliance with ADA Title III and Web Content Accessibility Guidelines (WCAG) 2.0 Level AA or higher standards can lead to legal action, necessitating costly injunctive relief, policy reforms, and extensive website modifications to ensure full and equal access for all users.

Case Q&A

What specific WCAG violations is this online women's apparel retailer accused of?

The online women's apparel retailer is accused of having a mislabeled homepage link, inaccessible text fields, content that loses product information, and improperly labeled product information like regular and sales prices.

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 legal risk for other online retailers by highlighting the necessity of complying with ADA Title III and WCAG standards to ensure their websites are accessible to individuals with disabilities and to avoid similar lawsuits.

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