ADA Website Accessibility Lawsuit: an online polo clothing and accessories retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A., LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff VICTOR ARIZA has filed an Amended Complaint in the United States District Court Southern District of Florida on December 11, 2020, alleging that an online polo clothing and accessories retailer's websites violate Title III of the Americans with Disabilities Act. The plaintiff, who is visually disabled, relies on screen reader software to access online content and claims the websites present significant barriers to his ability to browse merchandise, locate physical stores, and access promotional offers.
The complaint details several WCAG violations, including unlabeled links, a mislabeled home button, and mislabeled descriptions for image content. Additionally, certain site functions, such as color options, are allegedly mislabeled, and the websites reportedly lack necessary prompting information for visually disabled individuals to accurately complete online forms for purchases. The plaintiff also notes the absence of an accessibility notice, policy, or statement on the websites, indicating a broader failure to meet Web Content Accessibility Guidelines (WCAG) 2.0 Level AA or higher.
This lawsuit underscores the increasing legal risk for businesses operating e-commerce websites and digital platforms that fail to provide full and equal access to visually disabled users. Such businesses must proactively address accessibility barriers to ensure compliance with ADA Title III, as the lack of effective communication and accessible features can lead to litigation, injunctive relief, and demands for attorney's fees and costs.
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Case Q&A
What specific WCAG violations is this online clothing and accessories retailer accused of?
The retailer is accused of having unlabeled links, a mislabeled home button, mislabeled descriptions for image content, mislabeled site functions like color options, and a lack of prompting information for online forms. The websites also reportedly lack an accessibility policy and do 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 significant legal risk for online businesses whose websites do not comply with ADA Title III and WCAG standards, potentially exposing them to lawsuits seeking injunctive relief, attorney's fees, and court costs for failing to provide equal access to individuals with visual disabilities.