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ADA Website Accessibility Lawsuit: an online exotic tropical fish retailer

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

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

WCAG 2.0 Level AAScreen Reader IncompatibilityKeyboard Navigation FailureInaccessible Product InformationMislabeled UI Elements

Case Summary

Plaintiff VICTOR ARIZA, represented by Roderick V. Hannah, Esq., P.A. and Law Office of Pelayo Duran, P.A., has filed an ADA Title III lawsuit against an online exotic tropical fish and fish supply retailer. The complaint was lodged in the United States District Court for the Southern District of Florida on October 14, 2021.

The lawsuit alleges various website accessibility barriers preventing visually impaired users from full and equal access. Specific violations include inaccessible product prices, fish descriptions, and text within descriptions. Furthermore, the out-of-stock notification lacks proper labeling for screen readers, and the search button is mislabeled. The website also reportedly fails to provide necessary prompting information for completing online forms and does not meet Web Content Accessibility Guidelines (WCAG) 2.0 Level AA or higher, lacking essential features like alt-text for graphics and keyboard navigation.

This case underscores the critical importance for all online retail businesses to ensure their digital platforms are fully accessible to individuals with disabilities. Non-compliance with ADA Title III and the Rehabilitation Act can lead to costly federal lawsuits, requiring extensive injunctive relief, remediation of digital barriers, and payment of the plaintiff's attorney's fees and costs, serving as a reminder for proactive accessibility audits and continuous adherence to WCAG standards.

Case Q&A

What specific WCAG violations is this online fish supply retailer accused of?

The online platform is accused of having inaccessible product prices, fish descriptions, and text within descriptions. The out-of-stock notification is not labeled for screen readers, and the search button is mislabeled. Additionally, it lacks features for accurately filling out online forms and fails to meet WCAG 2.0 Level AA or higher standards, including missing alt-text for graphics and inadequate keyboard navigation.

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 case highlights the legal risks for online retailers that do not provide accessible websites for disabled users. Businesses may face federal lawsuits, demands for injunctive relief, mandatory website remediation, and significant legal expenses if their digital platforms fail to comply with ADA Title III and Rehabilitation Act accessibility requirements.

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