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ADA Website Accessibility Lawsuit: an online retailer of Latin American fashion and accessories

Case # · District Court, S.D. Florida · Filed November 6, 2020

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

WCAG 2.0 Level AA Non-ComplianceScreen Reader IncompatibilityKeyboard Navigation FailureMislabeled & Unlabeled ElementsMissing Alt-Text

Case Summary

Plaintiff VICTOR ARIZA, represented by RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A., filed a lawsuit in the United States District Court Southern District of Florida on November 6, 2020. The suit targets an online retailer of Latin American fashion and accessories, alleging violations of Title III of the Americans with Disabilities Act (ADA) due to an inaccessible e-commerce website.

The complaint details specific accessibility barriers encountered by the visually disabled plaintiff, including a mislabeled home page button, unlabeled links, and screen reader incompatibility for functions like the favorites button, product descriptions, and prices. Additionally, critical features such as a 'skip to content' button were missing, and the platform failed to meet Web Content Accessibility Guidelines (WCAG) 2.0 Level AA standards, notably lacking alt-text for graphics and keyboard navigation support for all functions.

This lawsuit underscores the legal exposure for businesses operating e-commerce websites that are not fully accessible to individuals with disabilities. Similar online retailers must ensure their digital platforms comply with ADA Title III and WCAG standards to avoid potential litigation, injunctive relief, and demands for compensatory damages related to digital accessibility and privacy violations.

Case Q&A

What specific WCAG violations is this online fashion and accessories retailer accused of?

The retailer is accused of having a mislabeled home page button, unlabeled links, a missing "skip to content" button, and screen reader incompatibility for various site elements like the favorites button, product descriptions, and prices. The platform also allegedly lacks alt-text for graphics and keyboard navigation for all functions, failing to meet WCAG 2.0 Level AA standards.

Who filed this lawsuit, and which law firm?

VICTOR ARIZA filed this lawsuit, represented by RODERICK V. HANNAH, ES

, P.

and LAW OFFICE OF PELAYO DURAN, P.

What legal risk does this create?

This case highlights the legal risk for any business with an e-commerce website that does not provide full and equal access to visually disabled users. Failure to comply with ADA Title III and WCAG guidelines can lead to lawsuits seeking injunctive relief, modifications to the website, and compensatory damages.

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