ADA Website Accessibility Lawsuit: Online Apparel 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 ADA Title III lawsuit against an online clothing retailer in the United States District Court for the Southern District of Florida on December 8, 2020. The complaint alleges that the defendant's website contains access barriers that prevent visually disabled individuals from utilizing available screen reader software and keyboards for full and equal use.
The alleged accessibility barriers include an inaccessible drop-down menu for keyboard navigation, a shopping cart mislabeled as "zero," unlabeled links, and product descriptions and prices that were inaccessible when navigating with a keyboard. The website also reportedly lacks prompting information for online forms, has an "accessibility" statement that could not be effectively accessed, and fails to meet Web Content Accessibility Guidelines (WCAG) 2.0 Level AA or higher versions.
This litigation highlights the critical legal risk faced by online retailers and e-commerce platforms if their digital interfaces are not designed to be fully accessible to individuals with visual disabilities, exposing them to potential ADA Title III lawsuits seeking injunctive relief, website remediation, and compensatory damages for alleged trespass violations related to data collection without informed consent.
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Case Q&A
What specific WCAG violations is this online clothing retailer accused of?
This online clothing retailer is accused of having an inaccessible drop-down menu for keyboard users, a shopping cart mislabeled as "zero," unlabeled links, and inaccessible product descriptions and prices. The website also lacks prompting information for screen reader software and an effectively accessible "accessibility" statement, leading to non-compliance with 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 demonstrates the ongoing legal risk for online retailers and e-commerce platforms that do not ensure their websites are fully accessible to disabled users under ADA Title III, potentially leading to lawsuits demanding website remediation and compensatory damages.