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ADA Website Accessibility Lawsuit: online apparel and accessories retailer

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

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

Missing Alt TextScreen Reader IncompatibilityForm Field AccessibilityInteractive Element LabelingWCAG 2.0 Level AA

Case Summary

Plaintiff NELSON FERNANDEZ has filed a federal lawsuit in the United States District Court, Southern District of Florida, on August 4, 2020, against an online apparel and accessories retailer. The complaint alleges violations of Title III of the Americans with Disabilities Act, seeking declaratory and injunctive relief, as well as compensatory damages for trespass related to website access.

The lawsuit specifically identifies several Web Content Accessibility Guidelines (WCAG) violations on the e-commerce website, including empty forms, menu drop-down options not labeled for screen readers, missing descriptions for image content, and mislabeled site functions like quantity options. It also states the website lacks prompting information and accommodations for visually disabled individuals using screen reader software.

This action highlights the significant legal risks faced by businesses operating digital platforms, emphasizing the critical need for comprehensive web accessibility to ensure equal access for all users with disabilities. Such cases underscore the importance of adhering to ADA Title III requirements for public accommodations, including online extensions of physical stores, to prevent discrimination and avoid litigation.

Case Q&A

What specific WCAG violations is this online apparel and accessories retailer accused of?

The online apparel and accessories retailer is accused of having empty forms, menu drop-down options not labeled for screen readers, missing descriptions for image content, and mislabeled site functions such as quantity options, preventing effective communication for visually disabled users.

Who filed this lawsuit, and which law firm?

Plaintiff NELSON FERNANDEZ filed this lawsuit, represented by the law firm RODERICK V. HANNAH, ES

What legal risk does this create?

This lawsuit creates a significant legal risk for online businesses that fail to provide accessible digital platforms, particularly those with a nexus to physical stores, as it demonstrates potential liability under ADA Title III for discriminatory barriers and lack of effective communication.

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