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ADA Website Accessibility Lawsuit: An Online Jewelry Retailer

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

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

WCAG 2.0 Level AAUnlabeled LinksMislabeled LinksImproperly Labeled ContentUntranslated Foreign Language Content

Case Summary

Plaintiff NELSON FERNANDEZ, represented by RODERICK V. HANNAH, ESQ., P.A., filed an ADA Title III lawsuit against an online jewelry retailer in the United States District Court for the Southern District of Florida on August 5, 2020. The complaint alleges that the defendant's website fails to provide equal access to visually disabled individuals, preventing them from accessing services, ordering merchandise, and obtaining store information online.

The complaint specifically outlines several WCAG violations, including unlabeled links, improperly labeled site information (like addresses), mislabeled links, improperly labeled product information (regular and sales prices), and item descriptions in foreign languages not translated for screen readers. Furthermore, the website reportedly lacks prompting information for online forms and an "accessibility" notice or policy, and does not meet Web Content Accessibility Guidelines (“WCAG”) 2.0 Level AA or higher versions.

This action highlights the ongoing legal risks for online retailers and other businesses operating websites that do not comply with ADA Title III requirements for digital accessibility. Companies that fail to implement features like alt-text for graphics, keyboard navigation, and comprehensive accessibility policies, or neglect to provide auxiliary aids and services for visually impaired users, face potential lawsuits and injunctions to remedy discriminatory online barriers.

Case Q&A

What specific WCAG violations is this online jewelry retailer accused of?

The online jewelry retailer is accused of having unlabeled links, improperly labeled site information and product prices, mislabeled links, and item descriptions in foreign languages not translated for screen readers. The website also lacks prompting information for online forms and an accessibility notice, and does not meet WCAG 2.0 Level AA standards.

Who filed this lawsuit, and which law firm?

This lawsuit was filed by Nelson Fernandez, represented by the law firm Roderick V. Hannah, Es

What legal risk does this create?

This case demonstrates the legal vulnerability for online retailers whose websites are not accessible to visually disabled individuals, potentially leading to lawsuits under ADA Title III requiring injunctive relief and comprehensive website remediation efforts to ensure equal access and effective communication for all users.

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