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ADA Website Accessibility Lawsuit: an insurance company

Case # · District Court, S.D. Florida · Filed November 19, 2020

Plaintiff's Firm: The Leal Law Firm, P.A.

WCAG 2.0 AAMissing Alt TextSemantic Structure IssuesReading Order IssuesMissing Page Titles

Case Summary

Plaintiff Andres Gomez has filed a federal lawsuit in the United States District Court for the Southern District of Florida on December 23, 2020, against an insurance company. The complaint alleges that the defendant's website is inaccessible to blind and visually impaired consumers, violating Title III of the Americans with Disabilities Act and Section 504 of the Federal Rehabilitation Act. Mr. Gomez, represented by The Leal Law Firm, P.A., seeks a permanent injunction to ensure the website becomes and remains accessible.

The lawsuit claims that the website contains several digital barriers. These include the lack of text equivalents for non-text elements, insufficient conveyance of information about the meaning and structure of the website's content, and incorrect programmatic determination of reading sequence where content order affects meaning. Furthermore, web pages lack descriptive titles, and images on the site are not explained for screen reader users, preventing blind individuals from fully accessing services and information.

This action highlights a significant legal risk for online businesses, particularly those operating public-facing websites that integrate with physical locations. Failure to design and maintain digital platforms to be compatible with screen reader software can lead to claims of discrimination under federal accessibility laws. Businesses are urged to adopt and enforce corporate policies for web-based technologies that ensure ongoing compliance with accessibility guidelines like WCAG 2.0 AA to avoid similar litigation and ensure equal access for all users.

Case Q&A

What specific WCAG violations is this insurance company accused of?

This insurance company is accused of several WCAG violations, including the lack of text equivalents for non-text elements, inadequate information on website content structure, incorrect reading sequence determination for content, absence of descriptive page titles, and unexplained images for screen reader users.

Who filed this lawsuit, and which law firm?

Andres Gomez filed this lawsuit, represented by The Leal Law Firm, P.

What legal risk does this create?

This case underscores the legal risk for businesses whose websites are not accessible to individuals with visual impairments, potentially leading to lawsuits under the ADA Title III and similar accessibility regulations. It emphasizes the need for ongoing compliance with WCAG 2.0 AA standards.

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