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ADA Website Accessibility Lawsuit: Online Clothing and Accessory Store

Case # · District Court, S.D. Florida · Filed May 14, 2021

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A., LAW OFFICE OF PELAYO DURAN, P.Α.

WCAG 2.0 AA Non-ComplianceMissing Accessible Names for LinksInaccessible Product InformationForm Labeling IssuesScreen Reader Incompatibility

Case Summary

Plaintiff NELSON FERNANDEZ, represented by Roderick V. Hannah, Esq., P.A. and Law Office of Pelayo Duran, P.A., has filed a federal lawsuit in the United States District Court for the Southern District of Florida on May 14, 2021, against an online clothing and accessory retailer.

The complaint alleges several specific WCAG violations, including links labeled generically as 'link' without descriptive text, inaccessible product pricing and details, product options for size and color lacking proper labels for screen reader integration, and social media links similarly lacking descriptive labels. Furthermore, the website reportedly lacks necessary prompting information for online forms and an accessibility notice or policy, leading to a failure to meet WCAG 2.0 Level AA standards.

This lawsuit highlights the legal imperative for online businesses, particularly those with a physical presence, to ensure their digital platforms are fully accessible to individuals with visual disabilities, underscoring the potential for ADA Title III and Rehabilitation Act violations if web content is not compatible with assistive technologies like screen readers.

Case Q&A

What specific WCAG violations is this online clothing and accessory store accused of?

The store's website is accused of lacking descriptive labels for links (including social media links), inaccessible product prices and details, unlabelled product options for size and color that don't integrate with screen readers, and insufficient prompting information for online forms.

Who filed this lawsuit, and which law firm?

This lawsuit was filed by Nelson Fernandez and is represented by Roderick V. Hannah, Es

, P.

and Law Office of Pelayo Duran, P.

What legal risk does this create?

This creates a significant legal risk for online businesses that operate an e-commerce platform and a physical store, demonstrating the necessity of ensuring their websites comply with ADA Title III and the Rehabilitation Act to avoid discrimination against visually impaired users and potential litigation.

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