ADA Website Accessibility Lawsuit: Online Apparel Retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.
Case Summary
Plaintiff NELSON FERNANDEZ has filed a federal lawsuit in the United States District Court for the Southern District of Florida on November 30, 2021, against an online apparel retailer, alleging violations of the Americans with Disabilities Act (ADA) Title III and the Rehabilitation Act. This action seeks declaratory and injunctive relief, attorney's fees, costs, and litigation expenses for unlawful disability discrimination.
The complaint specifically identifies several digital accessibility barriers on the defendant's website, including a mislabeled homepage button, inaccessible product prices, identical descriptions for different product images, a mislabeled quantity adjustment sign ("-/+"), and inaccessible product price, subtotal, and total within the shopping cart. Furthermore, the e-commerce website reportedly lacks prompting information for online forms and an accessibility notice, failing to meet Web Content Accessibility Guidelines (WCAG) 2.0 Level AA or higher.
This action highlights the ongoing legal risks for online businesses, particularly e-commerce platforms and digital extensions of physical stores, that do not prioritize web accessibility for visually disabled users. Businesses operating similar digital platforms should ensure their websites are fully navigable and perceivable by screen reader software to avoid potential lawsuits under federal disability discrimination laws and to ensure equal access for all customers.
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Case Q&A
What specific WCAG violations is this online apparel store accused of?
The online apparel store is accused of having a mislabeled homepage button, inaccessible product prices, different product images with the same description, a mislabeled quantity adjustment sign ("-/+"), and inaccessible product price, subtotal, and total in the shopping cart. It also lacks prompting information for forms and an accessibility notice.
Who filed this lawsuit, and which law firm?
NELSON FERNANDEZ filed this lawsuit, represented by RODERICK V. HANNAH, ES
What legal risk does this create?
This case underscores the legal exposure for online businesses, especially those with e-commerce functionality, if their websites are not fully accessible to disabled users. Non-compliance with web accessibility standards can lead to federal lawsuits and significant remedial costs.