ADA Website Accessibility Lawsuit: A Sweets and Gifts Retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff NELSON FERNANDEZ, a visually and physically disabled individual, filed a lawsuit against an online candy and novelty gift retailer in the United States District Court, Southern District of Florida, on November 10, 2020. The complaint alleges violations of Title III of the Americans with Disabilities Act (ADA) due to the inaccessibility of the e-commerce website to individuals using screen reader software.
The lawsuit specifically details multiple WCAG violations, including inaccessible site elements like text associated with links, mislabeled social media, product prices inaccessible via keyboard navigation, and mislabeled product images. Additionally, the e-commerce website allegedly lacks prompting information for online forms, and its 'accessibility' statement cannot be effectively accessed. The plaintiff asserts that the defendant's online platform fails to meet WCAG 2.0 Level AA or higher, specifically noting issues with the absence of alt-text on graphics and the inability to perform all functions using only a keyboard.
This litigation highlights the ongoing legal risks for online retailers and other public accommodations whose digital platforms do not comply with ADA Title III requirements for web accessibility. Businesses operating websites that serve as extensions of or gateways to their physical stores, or directly sell merchandise, are vulnerable to similar claims if their online presence is not fully accessible to disabled users, including those who rely on screen reader technology and keyboard navigation.
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Case Q&A
What specific WCAG violations is this online sweets and gifts retailer accused of?
The retailer is accused of inaccessible site elements, mislabeled social media, product prices inaccessible with keyboard navigation, mislabeled product images, lack of prompting information for online forms, and an inaccessible 'accessibility' statement. The website reportedly does not meet WCAG 2.0 Level AA standards.
Who filed this lawsuit, and which law firm?
NELSON FERNANDEZ filed this lawsuit, represented by RODERICK V. HANNAH, ES
, P.
and LAW OFFICE OF PELAYO DURAN, P.
What legal risk does this create?
This lawsuit creates significant legal risk for online retailers whose websites are not fully accessible to disabled users, especially those using screen readers and keyboard navigation, under ADA Title III. It emphasizes the need for comprehensive WCAG compliance for any digital platform connected to a public accommodation.