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ADA Website Accessibility Lawsuit: an online swimwear retailer

Case # · District Court, S.D. Florida · Filed July 22, 2021

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

WCAG 2.0 Level AAScreen Reader IncompatibilityMislabeled Links & ButtonsUnlabeled Form ElementsMissing Price Labels

Case Summary

Plaintiff NELSON FERNANDEZ, represented by RODERICK V. HANNAH, ESQ., P.A., filed an ADA Title III lawsuit against an online swimwear retailer in the United States District Court, Southern District of Florida on July 22, 2021. The complaint alleges that the retailer's website is inaccessible to visually and physically disabled individuals, denying them equal access to its goods and services.

The lawsuit specifically identifies several WCAG violations on the e-commerce website, including social media links mislabeled as 'link', unlabeled menu drop-down options, mislabeled shopping cart and search buttons, and product prices not labeled to integrate with screen reader software. These barriers prevent effective communication for users relying on screen readers.

This case highlights the ongoing legal risk for businesses operating websites that serve as public accommodations. Companies must ensure their digital platforms adhere to ADA Title III requirements and WCAG guidelines to avoid discrimination claims and provide full and equal access to all users, particularly those with visual disabilities.

Case Q&A

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

The online swimwear retailer is accused of having social media links mislabeled as 'link', unlabeled menu drop-down options, mislabeled shopping cart and search buttons, and product prices not labeled to integrate with screen reader software.

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 creates legal risk for similar businesses whose websites may be considered public accommodations under ADA Title III. Failure to ensure digital accessibility for visually disabled users, including conformance with WCAG, can lead to lawsuits and demands for injunctive relief.

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