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ADA Website Accessibility Lawsuit: an online sportswear apparel and accessories retailer

Case # · District Court, S.D. Florida · Filed November 12, 2020

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

Screen Reader Incompatibility (Product Price Labeling)Screen Reader Incompatibility (Site Function Labeling - Sizes)Inaccessible Product DescriptionsInaccessible Online FormsMissing Accessibility Policy/Notice

Case Summary

Nelson Fernandez, represented by RODERICK V. HANNAH, ESQ., P.A., filed an ADA Title III lawsuit against an online sportswear apparel and accessories retailer in the United States District Court Southern District of Florida on November 12, 2020. The plaintiff alleges that the e-commerce website fails to provide full and equal access to visually disabled users, in violation of federal accessibility standards.

The complaint details specific accessibility barriers, including product prices not labeled for screen reader integration, site functions (such as different sizes) not labeled for screen reader integration, inaccessible product descriptions, and product reviews not labeled for screen reader integration. Additionally, the website reportedly lacks prompting information necessary for visually disabled individuals to accurately fill out online forms and does not provide an accessible notice, statement, or policy regarding accessibility, thus failing to meet Web Content Accessibility Guidelines (WCAG) 2.0 Level AA or higher.

This legal action highlights the ongoing challenges faced by visually impaired individuals when attempting to access e-commerce platforms and underscores the critical importance for all online retailers, particularly those selling apparel and accessories, to implement robust digital accessibility features. The case emphasizes the continuous legal risk for businesses whose websites do not comply with ADA Title III and WCAG standards, potentially leading to similar lawsuits seeking injunctive relief.

Case Q&A

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

The online platform is accused of having product prices and site functions (like sizes) not labeled for screen reader integration, inaccessible product descriptions, and product reviews not labeled for screen reader integration. It also lacks prompting information for online forms and an accessibility policy, failing to meet WCAG 2.0 Level AA or higher.

Who filed this lawsuit, and which law firm?

Nelson Fernandez filed this lawsuit, represented by the law firm RODERICK V. HANNAH, ES

What legal risk does this create?

This creates significant legal risk for other online retailers, especially those in the apparel and accessories sector, demonstrating the importance of adhering to web accessibility standards to ensure equal access for all users under ADA Title III.

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