ADA Website Accessibility Lawsuit: online mattress retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.
Case Summary
Plaintiff NELSON FERNANDEZ, represented by RODERICK V. HANNAH, ESQ., P.A., filed an ADA Title III lawsuit against an online mattress retailer in the United States District Court, Southern District of Florida, on March 18, 2021. The complaint alleges that the e-commerce website of the defendant fails to provide equal access to visually impaired individuals, thus preventing them from utilizing online services, purchasing merchandise, and accessing essential store information.
The lawsuit specifies several WCAG violations, including a mislabeled home page button, unlabeled product size functions inaccessible to screen readers, an improperly labeled shopping cart displaying only the number of items, and product prices that are inaccessible with screen reader software. Furthermore, the website allegedly lacks crucial prompting information for online forms, an 'accessibility' notice or policy, and does not comply with WCAG 2.0 Level AA guidelines or higher versions of web accessibility.
This case underscores significant legal risks for e-commerce businesses, particularly those with a nexus to physical stores, that fail to ensure their digital platforms are fully accessible. Businesses risk facing injunctive relief and being liable for attorney's fees if their websites discriminate against individuals with visual disabilities by denying them full and equal enjoyment of services, privileges, and advantages afforded to non-disabled users.
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Case Q&A
What specific WCAG violations is this online mattress retailer accused of?
The online mattress retailer is accused of having a mislabeled home page button, unlabeled product size functions, an improperly labeled shopping cart, inaccessible product prices, and lacking an accessibility notice or policy. The website also allegedly fails to meet WCAG 2.0 Level AA guidelines and lacks prompting information for online forms.
Who filed this lawsuit, and which law firm?
Plaintiff NELSON FERNANDEZ filed this lawsuit, represented by the law firm RODERICK V. HANNAH, ES
What legal risk does this create?
This lawsuit creates legal risk for similar businesses, particularly e-commerce platforms connected to physical stores, regarding non-compliance with ADA Title III and WCAG guidelines, potentially leading to injunctive relief and attorney's fees for failing to provide equal access to their digital services for disabled individuals.