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ADA Website Accessibility Lawsuit: an online lingerie and accessories retailer

Case # · District Court, S.D. Florida · Filed March 9, 2021

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

WCAG 2.0 AAScreen Reader IncompatibilityKeyboard Navigation FailureMissing Alt Text on GraphicsForm Accessibility Issues

Case Summary

VICTOR ARIZA, represented by RODERICK V. HANNAH, ESQ., P.A., has filed an ADA Title III lawsuit in the United States District Court, Southern District of Florida, on March 9, 2021, against an online lingerie and accessories retailer. The complaint alleges that the defendant's e-commerce website is inaccessible to visually disabled individuals, preventing them from fully enjoying its services and patronizing its physical stores.

The lawsuit specifically details numerous accessibility barriers, including inaccessible menu options like "sign in," "wishlist," and "search"; a mislabeled homepage link; color options mislabeled as a "button"; unlabeled product prices; and inaccessible product descriptions. Furthermore, the plaintiff alleges the website lacks necessary prompting information for online forms, does not meet WCAG 2.0 Level AA standards, fails to incorporate alt-text for graphics, and lacks full keyboard operability. The complaint also notes the absence of an accessibility notice, policy, or dedicated contact for disabled users.

This case underscores a critical legal risk for businesses operating e-commerce websites. Failure to adhere to ADA Title III requirements and WCAG accessibility standards, particularly for users relying on screen reader software, can result in federal lawsuits seeking injunctive relief to mandate website remediation and potentially significant attorney's fees and costs. The absence of comprehensive web accessibility policies, audits, and dedicated accessibility personnel further amplifies this legal exposure.

Case Q&A

What specific WCAG violations is this online lingerie and accessories retailer accused of?

The online retailer is accused of having inaccessible menu options, a mislabeled homepage link, mislabeled color options, unlabeled product prices for screen readers, inaccessible product descriptions, and a lack of prompting information for online forms. Additionally, the website allegedly fails to meet WCAG 2.0 Level AA standards, lacks alt-text for graphics, and does not support full keyboard navigation.

Who filed this lawsuit, and which law firm?

VICTOR ARIZA filed this lawsuit, represented by RODERICK V. HANNAH, ES

What legal risk does this create?

This lawsuit highlights the significant legal risk for online businesses that do not ensure their websites are accessible to individuals with disabilities. Non-compliance with ADA Title III and WCAG standards can lead to federal litigation, requiring costly website modifications, and potentially incurring substantial attorney's fees and court costs.

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