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ADA Website Accessibility Lawsuit: an online jewelry retailer

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

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

WCAG 2.0 Level AAMislabeled Home Page ButtonInaccessible Unlabeled ImagesScreen Reader IncompatibilityMissing Accessibility Policy

Case Summary

Plaintiff NELSON FERNANDEZ, represented by RODERICK V. HANNAH, ESQ., P.A., filed a lawsuit on March 15, 2021, in the United States District Court, Southern District of Florida, against an online jewelry retailer. The complaint alleges violations of Title III of the Americans with Disabilities Act, asserting that the defendant's website is inaccessible to visually impaired users, thereby denying them equal access to services and information.

The lawsuit specifically details several Web Content Accessibility Guidelines (WCAG) violations, including a mislabeled home page button, inaccessible unlabeled images with live links on the main page, and inaccessible product descriptions, dimensions, and price information after selecting items. Furthermore, the complaint states that contact information was not labeled for screen reader integration, the website lacked an accessibility notice or policy, and it did not conform to WCAG 2.0 Level AA or higher standards.

This case underscores the critical legal obligation for online businesses, particularly e-commerce platforms and those with a nexus to physical stores, to ensure their digital platforms are fully accessible. Failure to provide effective communication, auxiliary aids, and services compatible with screen reader software on websites exposes such entities to ADA Title III litigation, which can result in court orders for extensive website modifications and significant financial and operational burdens.

Case Q&A

What specific WCAG violations is this online jewelry retailer accused of?

The online jewelry retailer is accused of having a mislabeled home page button, inaccessible unlabeled images with live links, inaccessible product descriptions, dimensions, and price information, and contact information not labeled for screen reader integration. The website also lacks an accessibility notice or policy and does not meet WCAG 2.0 Level AA standards.

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 creates a legal risk for online businesses, especially e-commerce sites, of facing lawsuits under ADA Title III if their websites are not fully accessible to visually disabled users. Such cases can lead to demands for comprehensive website modifications, policy changes, and financial penalties to rectify discriminatory practices.

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