ADA Website Accessibility Lawsuit: an online fashion retailer
Plaintiff's Firm: The Leal Law Firm, P.A.
Case Summary
Plaintiff Andres Gomez has filed an ADA Title III lawsuit against an online fashion retailer in the United States District Court for the Southern District of Florida on August 31, 2020. The plaintiff, who is legally blind, seeks a permanent injunction to mandate changes in the defendant's corporate policies to ensure its website becomes, and remains, accessible to individuals with disabilities.
The lawsuit alleges that the defendant's e-commerce website contains several digital accessibility barriers. Specific violations cited include a lack of text equivalents for non-text elements, failure to convey information about the meaning and structure of the website's content beyond visual presentation, an incorrect reading sequence when content presentation affects its meaning, web pages lacking descriptive titles, and images not being explained to screen reader users. These issues are claimed to violate Title III of the Americans with Disabilities Act and the Web Content Accessibility Guidelines (WCAG 2.0 AA).
This legal action underscores the imperative for all businesses, especially those with an integrated online and physical retail presence, to proactively ensure their digital platforms are fully compliant with accessibility standards. Failure to do so exposes them to legal challenges demanding injunctive relief, policy modifications, periodic audits, and significant legal costs, setting a precedent for similar entities in the e-commerce sector.
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Case Q&A
What specific WCAG violations is this online fashion retailer accused of?
The online fashion retailer is accused of lacking text equivalents for non-text elements, failing to convey information about content meaning and structure beyond visual presentation, having an incorrect reading sequence when content presentation affects meaning, web pages without descriptive titles, and images not explained to screen reader programs.
Who filed this lawsuit, and which law firm?
This lawsuit was filed by Andres Gomez, and the plaintiff is represented by The Leal Law Firm, P.
What legal risk does this create?
This creates a significant legal risk for businesses with integrated online and physical operations, as they may face lawsuits requiring injunctive relief to make their websites compliant with ADA Title III and WCAG 2.0 AA, in addition to attorney's fees and costs.