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ADA Website Accessibility Lawsuit: online chocolate retailer

Case # · District Court, S.D. Florida · Filed August 12, 2021

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

WCAG 2.0 Level AAMissing Alt TextKeyboard Navigation FailureScreen Reader IncompatibilityUnlabeled Form Fields

Case Summary

Plaintiff VICTOR ARIZA has filed a federal lawsuit against an online chocolate retailer in the United States District Court for the Southern District of Florida on August 12, 2021. The complaint alleges that the defendant's website fails to provide equal access to individuals with visual disabilities, violating Title III of the Americans with Disabilities Act (ADA) and the Rehabilitation Act.

The lawsuit specifically details several critical website accessibility barriers. These include a phone number lacking description, a mislabeled return to home page button, an inaccessible submenu for keyboard navigation, and unlabeled product prices and details. Additionally, the website reportedly lacks necessary prompting information for screen reader users to complete online forms, an accessibility notice or policy, and fails to meet Web Content Accessibility Guidelines (WCAG) 2.0 Level AA or higher.

This legal action highlights the ongoing risk for businesses with e-commerce websites that do not adhere to digital accessibility standards. Companies operating online platforms must ensure their sites are fully navigable and comprehensible for all users, including those with visual impairments, to avoid similar ADA Title III litigation and ensure compliance with federal anti-discrimination laws.

Case Q&A

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

The online chocolate retailer is accused of having a phone number lacking description, a mislabeled return to home page button, an inaccessible submenu for keyboard navigation, and unlabeled product prices and details. The website also lacks prompting information for screen reader users to complete online forms and an accessibility notice or policy, failing to meet WCAG 2.0 Level AA or higher.

Who filed this lawsuit, and which law firm?

This lawsuit was filed by VICTOR ARIZA, 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 other businesses with e-commerce websites that may not be fully accessible to individuals with visual disabilities, potentially leading to similar ADA Title III lawsuits, demands for injunctive relief, and financial penalties.

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