ADA Website Accessibility Lawsuit: an online clothing and home goods retailer

Plaintiff Victor Ariza, represented by Roderick V. Hannah, Esq., P.A. and Law Office of Pelayo Duran, P.A., has filed a federal lawsuit against an online clothing and home goods retailer in the United States District Court, Southern District of Florida, on February 25, 2021. The complaint alleges that the defendant's e-commerce website fails to provide full and equal access to visually disabled individuals, thereby violating Title III of the Americans with Disabilities Act (ADA).

The lawsuit identifies several critical WCAG violations on the e-commerce website. These include a mislabeled home page logo and links, a search text box mislabeled as “scan search edit scan off,” a mislabeled favorite icon, and product information—such as description, measurements, shipping, and price—that is inaccessible via screen reader software and keyboard navigation. Furthermore, the complaint asserts that the website lacks essential prompting information and accommodations necessary for visually disabled users to locate and accurately complete online forms, and no accessibility policy or statement was found.

This litigation highlights the significant legal exposure for businesses, particularly online retailers with a nexus to physical stores, that do not ensure their digital platforms meet established accessibility standards. Companies failing to provide effective communication and equal access on their websites risk similar lawsuits, which can result in court orders for website remediation, injunctions, and recovery of attorney's fees and costs for non-compliance with ADA Title III requirements.