ADA Website Accessibility Lawsuit: An Online Sports Apparel Retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A., and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff NELSON FERNANDEZ, represented by RODERICK V. HANNAH, ESQ., P.A., and LAW OFFICE OF PELAYO DURAN, P.A., filed an ADA Title III lawsuit in the United States District Court, Southern District of Florida on May 26, 2021. The complaint alleges that the website of an online sports apparel retailer is inaccessible to visually impaired and physically disabled users, thereby violating the Americans with Disabilities Act and the Rehabilitation Act.
The lawsuit details several Web Content Accessibility Guidelines (WCAG) violations, including a mislabeled home page button, an unlabeled telephone number site element, mislabeled product sizes (e.g., "link cap a" for small, "link cap m" for medium), and an inaccessible "add to cart" button that contains product price information. These barriers prevent effective communication and full use of the e-commerce website by individuals relying on screen reader software.
This action highlights the ongoing legal risks faced by businesses operating websites that do not meet digital accessibility standards. Companies, particularly those in the retail sector that also receive federal financial assistance, must ensure their online platforms provide equal access to all users, including those with visual disabilities, to avoid similar litigation and potential injunctive relief, damages, and attorney's fees.
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Case Q&A
What specific WCAG violations is this online sports apparel retailer accused of?
The retailer's website is accused of having a mislabeled home page button, an unlabeled telephone number site element, mislabeled product sizes (e.g., "link cap a" for small, "link cap m" for medium), and an inaccessible "add to cart" button that includes product price information.
Who filed this lawsuit, and which law firm?
Nelson Fernandez filed this lawsuit, represented by RODERICK V. HANNAH, ES
, P.
, and LAW OFFICE OF PELAYO DURAN, P.
What legal risk does this create?
This case underscores the legal exposure for businesses whose websites do not comply with ADA Title III and WCAG standards, potentially leading to lawsuits seeking injunctive relief, damages, and attorney's fees for accessibility barriers.