ADA Website Accessibility Lawsuit: an online sportswear retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.
Case Summary
Plaintiff NELSON FERNANDEZ has filed a lawsuit against an online sportswear retailer in the United States District Court, Southern District of Florida, on December 9, 2020. The complaint alleges violations of Title III of the Americans with Disabilities Act (ADA) due to inaccessibility of the retailer's website, which acts as an extension and gateway to its physical stores and services.
The lawsuit specifically claims multiple website accessibility barriers preventing visually disabled individuals from full and equal enjoyment. Alleged violations include a free shipping banner mislabeled as a link, site functions like menus not labeled to integrate with a screen reader, links to specific brands labeled generically as “link” without further description, inaccessible product descriptions, and product prices not labeled for screen reader integration. Additionally, the website lacks an accessibility notice, statement, or policy and is alleged not to meet WCAG 2.0 Level AA guidelines.
This litigation highlights the significant legal risks faced by businesses operating e-commerce websites that fail to provide accessible online experiences for disabled users. Similar digital platforms that do not comply with ADA Title III requirements and WCAG guidelines risk lawsuits seeking injunctive relief, compensatory damages for trespass due to tracking software installation without consent, and attorney's fees.
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Case Q&A
What specific WCAG violations is this online sportswear retailer accused of?
The online sportswear retailer is accused of having a free shipping banner mislabeled as a link, site functions like menus not labeled for screen reader integration, links to specific brands labeled generically, inaccessible product descriptions, and product prices not labeled for screen reader integration. The website also lacks an accessibility policy and does not meet WCAG 2.0 Level A
Who filed this lawsuit, and which law firm?
Nelson Fernandez filed this lawsuit, represented by RODERICK V. HANNAH, ES
What legal risk does this create?
This case demonstrates the legal exposure for businesses with inaccessible websites, potentially leading to lawsuits under ADA Title III for injunctive relief, compensatory damages related to digital trespass, and attorney's fees, particularly if their online platforms do not adhere to WCAG standards.