ADA Website Accessibility Lawsuit: online clothing retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff VICTOR ARIZA has filed an ADA Title III lawsuit in the United States District Court, Southern District of Florida, against an online clothing retailer on March 11, 2021. The complaint alleges that the defendant's website fails to provide equal access to visually disabled individuals, preventing them from effectively browsing merchandise, locating physical stores, and making purchases, thereby denying full enjoyment of services and privileges. The lawsuit also includes a claim for trespass due to the alleged installation of information gathering and tracking software without the plaintiff's knowledge or consent.
The complaint details several specific accessibility barriers on the defendant's website, including inaccessible product descriptions and prices when navigating with a keyboard, a mislabeled home page button, mislabeled sizes, and inaccessible product and price information within the shopping cart. Furthermore, the website reportedly lacks prompting information for online forms and an 'accessibility' notice, statement, or policy to direct disabled users to contact information or alternative access means. These deficiencies are alleged to be in violation of WCAG 2.0 Level AA or higher standards.
This case highlights the ongoing legal risks for online retailers and other businesses operating websites under ADA Title III. Companies failing to ensure their digital platforms are fully accessible to individuals with disabilities face potential lawsuits seeking injunctive relief to mandate website modifications, declarations of ADA violations, and liability for the plaintiff's attorney's fees and costs. The inclusion of a trespass claim also underscores broader concerns about data privacy and user consent in the context of inaccessible online platforms.
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Case Q&A
What specific WCAG violations is this online clothing retailer accused of?
The online clothing retailer is accused of having inaccessible product descriptions and prices when navigating with a keyboard, a mislabeled home page button, mislabeled sizes, and inaccessible product and price information within the shopping cart. The website also lacks prompting information for online forms and an accessibility notice or policy.
Who filed this lawsuit, and which law firm?
This lawsuit was filed by VICTOR ARIZA, and he is represented by Roderick V. Hannah, ES
, P.
and Law Office of Pelayo Duran, P.
What legal risk does this create?
This creates a legal risk for businesses whose websites are not fully accessible, potentially leading to lawsuits demanding significant website modifications, declarations of ADA violations, and the payment of attorney's fees and costs.