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ADA Website Accessibility Lawsuit: An Online Designer Accessories Retailer

Case # · District Court, S.D. Florida · Filed July 23, 2021

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

WCAG 2.0 AA Non-ComplianceScreen Reader IncompatibilityKeyboard Navigation FailureInaccessible Form FieldsAccessibility Policy Absence

Case Summary

Plaintiff VICTOR ARIZA, a visually disabled individual, has filed an ADA Title III lawsuit against an online designer accessories retailer in the United States District Court, Southern District of Florida, on July 23, 2021. The complaint alleges that the defendant's e-commerce website is inaccessible to blind and visually impaired users, thereby denying them equal access to its goods, services, and privileges. The plaintiff seeks declaratory and injunctive relief, attorney's fees, damages, costs, and expenses under both the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973.

The lawsuit details numerous specific accessibility barriers encountered by Mr. Ariza using screen reader software. These violations include mislabeled home page buttons, inaccessible product prices, inaccessible shop link drop-down menus, mislabeled search buttons, and shopping carts mislabeled as total dollar amounts. Additionally, the live chat link and a contact number link were reportedly inaccessible via keyboard navigation, and the website lacks necessary prompting information for online forms, failing to comply with Web Content Accessibility Guidelines (WCAG) 2.0 Level AA or higher.

This case highlights the significant legal risks faced by businesses operating websites that serve as public accommodations or receive federal financial assistance. The failure to provide an accessible digital platform can lead to federal lawsuits under the ADA Title III and the Rehabilitation Act, resulting in mandatory website remediation, injunctive orders, and the recovery of attorney's fees and costs. Such litigation underscores the critical importance for all online retailers to proactively implement robust web accessibility policies and ensure their digital presence is fully usable by individuals with disabilities.

Case Q&A

What specific WCAG violations is this online retailer accused of?

The online retailer is accused of numerous WCAG violations, including mislabeled home page buttons, inaccessible product prices, and inaccessible shop link drop-down menus. Further issues include mislabeled search buttons, shopping carts mislabeled by total dollar amount, and inaccessible live chat and contact links when using keyboard navigation. The website also lacks prompting information for online forms, an accessibility notice/policy, and fails to meet WCAG 2.0 Level AA standards.

Who filed this lawsuit, and which law firm?

This lawsuit was filed by VICTOR ARIZA, a visually disabled individual, and is represented by the law firm RODERICK V. HANNAH, ES

What legal risk does this create for similar businesses?

This case demonstrates that online businesses, particularly those operating e-commerce websites or receiving federal financial assistance, face substantial legal exposure if their digital platforms are not accessible to individuals with disabilities. Failing to comply with ADA Title III and the Rehabilitation Act can lead to federal lawsuits, court-ordered remediation, and financial liabilities, emphasizing the need for comprehensive web accessibility strategies.

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