ADA Website Accessibility Lawsuit: an online vape and CBD retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A., LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff VICTOR ARIZA, represented by RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A., filed a federal complaint on October 30, 2020, in the United States District Court, Southern District of Florida, against an online vape and CBD retailer. The lawsuit alleges that the defendant's e-commerce website is inaccessible to visually disabled individuals, violating Title III of the Americans with Disabilities Act (ADA).
The complaint details multiple accessibility barriers, including inaccessible pop-up windows and close options, unlabeled site elements and links that do not integrate with screen readers, a missing 'skip to content' button, product prices inaccessible via keyboard, and product color options inaccessible within the shopping cart. Furthermore, the website reportedly lacks prompting information for online forms and an existing 'accessibility' widget and statement failed to provide full and effective access, ultimately not meeting WCAG 2.0 Level AA or higher standards.
This case highlights the significant legal risks faced by businesses operating e-commerce websites that fail to ensure full accessibility for visually disabled users. Such businesses may be subject to similar ADA Title III lawsuits, leading to demands for injunctive relief, compensatory damages, and attorney's fees to remediate their digital platforms and prevent ongoing discrimination.
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Case Q&A
What specific WCAG violations is this online vape and CBD retailer accused of?
The retailer is accused of having inaccessible pop-up windows, unlabeled site elements and links, a missing 'skip to content' button, product prices inaccessible via keyboard, and product color options inaccessible in the shopping cart. The website also reportedly lacks prompting information for online forms and does not meet WCAG 2.0 Level AA standards.
Who filed this lawsuit, and which law firm?
The 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 creates a legal risk for other online vape and CBD retailers, or any e-commerce business, that their websites may also be deemed non-compliant with ADA Title III if they contain similar accessibility barriers, potentially leading to lawsuits for injunctive relief and damages.