ADA Website Accessibility Lawsuit: Online Fragrance Retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.
Case Summary
Plaintiff NELSON FERNANDEZ has filed a federal lawsuit against an online fragrance retailer in the United States District Court, Southern District of Florida, on October 27, 2020. The complaint alleges that the e-commerce website violates Title III of the Americans with Disabilities Act (ADA) by failing to provide full and equal access to individuals with visual disabilities, thereby denying them the ability to learn about the physical store, purchase merchandise, and access promotions.
The alleged WCAG violations include text elements being spelled out instead of read as words, mislabeled scrolling images, inaccessible pop-ups when navigating with a keyboard, product descriptions and prices not labeled to integrate with a screen reader, and inaccessible contact us information with a keyboard. Additionally, the website lacks prompting information for visually disabled individuals to complete online forms, does not feature a universal symbol for disabled access, and fails to provide an accessibility notice, statement, or policy.
This lawsuit highlights the significant legal exposure for businesses operating e-commerce platforms that do not meet digital accessibility standards, specifically WCAG 2.0 Level AA. Companies with similar online accessibility barriers risk federal litigation under ADA Title III, potentially facing demands for injunctive relief to remediate their websites, implement accessibility policies, conduct regular audits, and cover the plaintiff's attorney's fees and damages.
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Case Q&A
What specific WCAG violations is this online fragrance retailer accused of?
The online fragrance retailer is accused of having text elements spelled out instead of read as words, mislabeled scrolling images, inaccessible pop-ups, unlabeled product descriptions and prices for screen readers, and inaccessible contact information. The website also lacks an accessibility notice or policy, and necessary prompting information for online forms.
Who filed this lawsuit, and which law firm?
Nelson Fernandez filed this lawsuit, and is represented by Roderick V. Hannah, Es
What legal risk does this create?
This creates a legal risk for other businesses with websites that do not meet ADA Title III and WCAG standards, potentially leading to lawsuits seeking injunctive relief, website remediation, implementation of accessibility policies, ongoing audits, and recovery of attorney's fees and damages.