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ADA Website Accessibility Lawsuit: Online Shoe and Uniform Retailer

Case # · District Court, S.D. Florida · Filed August 17, 2020

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

WCAG 2.0 Level AAScreen Reader IncompatibilityMissing Form LabelsMislabeled LinksKeyboard Navigation Failure

Case Summary

Plaintiff NELSON FERNANDEZ has filed an ADA Title III lawsuit against an online shoe and uniform retailer in the Southern District of Florida on August 17, 2020. The complaint, brought by RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A., alleges that the defendant's website denies visually disabled individuals equal access to its online services and information, including purchasing merchandise and accessing store details.

The lawsuit details multiple WCAG violations, including unlabeled site information like phone numbers, unlabeled site function buttons, content not presented without losing information, inconsistent site interfacing with screen readers, mislabeled links, and unlabeled color options. The complaint also asserts a lack of prompting information for online forms and the absence of an accessibility link or policy. Furthermore, it states the website fails to meet WCAG 2.0 Level AA standards.

This legal action highlights the ongoing risk for businesses operating e-commerce websites and physical stores without ensuring their digital platforms are fully accessible to individuals with visual disabilities. Companies that fail to implement web accessibility policies, conduct regular audits, and provide auxiliary aids for effective communication may face similar lawsuits under ADA Title III.

Case Q&A

What specific WCAG violations is this online shoe and uniform retailer accused of?

The online shoe and uniform retailer is accused of having site information like phone numbers not properly labeled, unlabeled site function buttons, content not presented without losing information, inconsistent site interfacing with screen readers, mislabeled links, and unlabeled color options. Additionally, the complaint alleges a lack of prompting information for online forms and the absence of an accessibility link or policy, stating the website does not meet WCAG 2.0 Level A

Who filed this lawsuit, and which law firm?

Plaintiff NELSON FERNANDEZ filed this lawsuit. He is 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 businesses, particularly online retailers, that operate websites not fully accessible to individuals with visual disabilities. It emphasizes the need for companies to implement web accessibility policies, conduct regular accessibility audits, provide auxiliary aids for effective communication, and ensure their digital platforms comply with ADA Title III and WCAG standards to avoid similar litigation.

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