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ADA Website Accessibility Lawsuit: an international high-end retail chain

Case # · District Court, S.D. Florida · Filed February 15, 2021

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

WCAG 2.0 Level AAMislabeled Site FunctionsScreen Reader IncompatibilityKeyboard Navigation FailureMissing Alt Text

Case Summary

NELSON FERNANDEZ, represented by Roderick V. Hannah, ESQ., P.A., filed a federal lawsuit on February 15, 2021, in the United States District Court, Southern District of Florida. The complaint targets an international chain of retail stores operating an e-commerce website, alleging violations of ADA Title III due to digital accessibility barriers for visually impaired users.

The lawsuit asserts numerous Web Content Accessibility Guidelines (WCAG) violations, including mislabeled site functions like shopping carts, unlabeled menu drop-down options, improperly labeled phone numbers and next/forward buttons, and unlabelled color and size options, all hindering screen reader integration. Furthermore, the website allegedly lacks prompting information for online forms, fails to provide effective alternative navigation through its accessibility statement, and is missing alt-text for graphics, along with general keyboard navigation failures. These issues collectively prevent full and equal enjoyment of the online services by blind and visually disabled individuals.

This legal action highlights the ongoing risk for online retailers and similar businesses whose websites do not comply with ADA Title III and WCAG 2.0 Level AA standards. Such non-compliance can lead to demands for injunctive relief, requiring costly website remediation, implementation of accessibility policies, staff training, and ongoing accessibility testing, in addition to potential attorney's fees and costs.

Case Q&A

What specific WCAG violations is this high-end clothing and accessories retailer accused of?

The retailer is accused of several WCAG violations, including mislabeled site functions (e.g., shopping cart), unlabeled menu drop-down options, improperly labeled phone numbers and navigation buttons, unlabeled color and size options for screen reader integration, and lack of alt-text for graphics. Issues with form accessibility and general keyboard navigation failures are also cited.

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 lawsuit creates significant legal risk for online retailers and similar businesses with digital platforms, emphasizing the necessity for ADA Title III and WCAG 2.0 Level AA compliance to avoid potential lawsuits, costly remediation, and legal fees.

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