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ADA Website Accessibility Lawsuit: an online lighting and home accents retailer

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

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

WCAG 2.0 Level AAScreen Reader IncompatibilityMissing LabelsForm Field AccessibilityADA Title III Website

Case Summary

Plaintiff NELSON FERNANDEZ, represented by RODERICK V. HANNAH, ESQ., P.A., filed an ADA Title III lawsuit against an online lighting and home accents retailer in the United States District Court, Southern District of Florida, on November 3, 2020. The plaintiff, who is visually disabled and uses screen reader software, alleges that the defendant's website presents significant access barriers.

The complaint details several specific WCAG violations, including phone numbers on the website header being read only as numbers without description, product prices and payment plan offers not being labeled for screen reader integration, and quantity options not being properly labeled. Furthermore, the e-commerce website allegedly lacks prompting information for visually disabled individuals to accurately fill out online forms, and it does not provide an accessibility notice or contact information for users with disabilities. The lawsuit asserts that the website fails to meet Web Content Accessibility Guidelines (WCAG) 2.0 Level AA standards or higher.

This lawsuit underscores the ongoing legal exposure for e-commerce websites and digital platforms that serve as extensions of physical public accommodations. Businesses offering online services and sales, particularly those with a brick-and-mortar presence, must ensure their digital assets are fully accessible to individuals with disabilities. Failure to comply with ADA Title III and WCAG standards can lead to similar litigation, demanding injunctive relief to correct accessibility barriers and potentially the recovery of attorney's fees, highlighting the critical need for proactive digital accessibility efforts.

Case Q&A

What specific WCAG violations is this online lighting and home accents retailer accused of?

The online lighting and home accents retailer is accused of having phone numbers on its website header read only as numbers, product prices and payment plan offers not labeled for screen reader integration, and improperly labeled quantity options. Additionally, the website allegedly lacks necessary prompting information for online forms, an accessibility notice or contact information for disabled users, and does not comply with WCAG 2.0 Level AA standards.

Who filed this lawsuit, and which law firm?

The lawsuit was filed by NELSON FERNANDEZ and is represented by RODERICK V. HANNAH, ES

What legal risk does this create?

This creates a significant legal risk for other online lighting and home accents retailers and similar e-commerce platforms. It emphasizes the necessity of designing and maintaining websites that are fully accessible to individuals with disabilities, particularly those who rely on screen reader software. Failure to comply with ADA Title III and WCAG standards can lead to similar lawsuits seeking injunctive relief and attorney's fees.

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