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ADA Website Accessibility Lawsuit: an online jewelry retailer

Case # · District Court, S.D. Florida · Filed September 3, 2020

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A., LAW OFFICE OF PELAYO DURAN, P.A.

WCAG 2.0 Level AA Non-ConformanceMislabeled ElementsForm Field AccessibilityScreen Reader IncompatibilityKeyboard Navigation Failure

Case Summary

Plaintiff Victor Ariza filed a lawsuit against a foreign for-profit corporation, which operates an online jewelry retailer, in the United States District Court, Southern District of Florida, on September 3, 2020. The complaint asserts that the defendant's website fails to comply with Title III of the Americans with Disabilities Act (ADA) by presenting accessibility barriers to visually disabled users.

The complaint specifically alleges multiple WCAG violations, including mislabeled text elements, a mislabeled home page button, and mislabeled links, which prevent effective communication for screen reader users. Additionally, the e-commerce website is accused of lacking prompting information necessary for visually disabled individuals to accurately fill out online forms and an explicit accessibility notice or policy. The lawsuit states that the defendant's website does not meet Web Content Accessibility Guidelines (WCAG) 2.0 Level AA or higher versions.

This case underscores the significant legal exposure for businesses, particularly online retailers, that fail to ensure their digital platforms are fully accessible to disabled users under ADA Title III. Such failures can lead to demands for declaratory and injunctive relief, compelling the implementation of comprehensive web accessibility policies, site remediation, specialized customer assistance, and recovery of attorney's fees and costs.

Case Q&A

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

The online jewelry store is accused of having mislabeled text elements, a mislabeled home page button, and mislabeled links. It also lacks prompting information for online forms and an accessibility notice or policy, and fails to meet WCAG 2.0 Level AA standards.

Who filed this lawsuit, and which law firm?

This lawsuit was filed by Victor Ariza, represented by Roderick V. Hannah, Es

, P.

and Law Office of Pelayo Duran, P.

What legal risk does this create?

This case demonstrates the legal risk for businesses whose websites do not comply with ADA Title III and WCAG standards, potentially resulting in demands for extensive website remediation, implementation of accessibility policies, and legal fees.

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