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ADA Website Accessibility Lawsuit: a convenience retail chain

Case # · District Court, S.D. Florida · Filed June 23, 2020

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

WCAG 2.0 Level AA Non-ComplianceMissing Alt Text on ImagesScreen Reader IncompatibilityInaccessible Online FormsCheckout Process Inaccessibility

Case Summary

Plaintiff Daniel Moncada, a visually disabled individual, filed an ADA Title III lawsuit against a convenience retail chain in the United States District Court, Southern District of Florida, on June 23, 2020. The plaintiff alleges he was denied equal access to the mobile website for services, ordering merchandise, and securing store information online.

The complaint details several alleged WCAG violations on the mobile website, including: menu buttons without descriptions, images lacking descriptive text (alt text), an inaccessible checkout process that prevents users from completing deals, and a lack of prompting information necessary for visually disabled individuals to accurately fill out online forms. Furthermore, the website reportedly lacks an "accessibility" notice or policy and fails to meet Web Content Accessibility Guidelines (WCAG) 2.0 Level AA or higher versions. The plaintiff also claims trespass, alleging the website placed information-gathering software and browser cookies on his device without consent, degrading performance and infringing on personal property rights.

This litigation highlights significant legal risks for online retailers and similar businesses failing to ensure their digital platforms are fully accessible to individuals with disabilities. Compliance with ADA Title III and WCAG standards is crucial, as is transparency regarding data collection practices. This case demonstrates the potential for lawsuits demanding injunctive relief for digital inaccessibility and compensatory damages for common law trespass due to undisclosed software installation.

Case Q&A

What specific WCAG violations is this convenience retail chain accused of?

The mobile website is accused of not describing menu buttons, not describing images, not allowing users to check out deals, lacking prompting information for online forms, and failing to provide an accessibility notice or policy. It is also alleged not to meet WCAG 2.0 Level AA or higher versions.

Who filed this lawsuit, and which law firm?

Daniel Moncada filed this lawsuit, represented by Roderick V. Hannah, Es

What legal risk does this create?

This case exposes online retailers to legal risks under ADA Title III for inaccessible websites, including the requirement for injunctive relief to make platforms compliant and potential claims for common law trespass due to undisclosed data collection practices impacting user's personal devices.

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