ADA Website Accessibility Lawsuit: An online and brick-and-mortar home goods retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff NELSON FERNANDEZ filed a lawsuit in the United States District Court Southern District of Florida on January 6, 2022, against an online and brick-and-mortar home goods retailer. The complaint, filed by RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A., alleges that the retailer's e-commerce websites violate Title III of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act due to inaccessibility for visually disabled users.
The complaint specifically outlines several accessibility barriers on the e-commerce platform and its linked sites. These include a mislabeled homepage/company logo button, blocks of unlabeled text that screen readers skip, mislabeled next and previous buttons, mislabeled social media icons, lack of proper descriptions for phone numbers, a mislabeled shopping cart, an inaccessible submenu when using a keyboard, and product prices not labeled for screen reader integration. The websites also lack prompting information for online forms and an accessibility notice or policy, and fail to meet WCAG 2.0 Level AA or higher standards.
This lawsuit highlights significant legal risks for businesses operating e-commerce platforms and physical showrooms that fail to ensure their digital assets are fully accessible to individuals with visual disabilities. Such entities may face claims for injunctive relief, attorney's fees, and costs under both the ADA and the Rehabilitation Act, compelling them to implement web accessibility policies, conduct regular audits, and provide auxiliary aids for effective communication.
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Case Q&A
What specific WCAG violations is this online and brick-and-mortar home goods retailer accused of?
The retailer is accused of having a mislabeled homepage/company logo button, unlabeled text blocks, mislabeled navigation buttons, mislabeled social media icons, missing phone number descriptions, a mislabeled shopping cart, inaccessible submenus, and unlabeled product prices. The websites also lack online form prompting information and a clear accessibility notice, and fail to meet WCAG 2.0 Level AA standards.
Who filed this lawsuit, and which law firm?
NELSON FERNANDEZ filed this lawsuit, represented by RODERICK V. HANNAH, ES
, P.
and LAW OFFICE OF PELAYO DURAN, P.
What legal risk does this create?
This case exposes businesses operating interconnected online and physical retail services to legal action if their digital platforms are not accessible to visually disabled users, potentially leading to court-ordered website modifications, policy changes, and financial penalties including attorney's fees.