ADA Website Accessibility Lawsuit: an apparel and accessories retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff PEDRO VERGARA, represented by RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A., filed a federal lawsuit in the Southern District of Florida on March 11, 2022. The complaint alleges that an apparel and accessories retailer's e-commerce website is inaccessible to visually disabled individuals under Title III of the Americans with Disabilities Act, and also includes common law claims for trespass related to website tracking software. The plaintiff, who uses screen reader software, was unable to effectively navigate or utilize the site.
The lawsuit specifically details several Web Content Accessibility Guidelines (WCAG) violations. These include a mislabeled home page button/company logo, product size options mislabeled (e.g., “cap S”, “cap M”, “cap L”), inaccessible product color options, a cursor stopping at the first image thumbnail, unlabeled item price, subtotal, and total in the shopping cart, and a lack of confirmation after removing a product from the cart. Further alleged barriers include a company telephone number lacking a proper description and inaccessible company hours of operation, all of which prevent effective communication and full use of the website by screen reader software.
This case highlights the significant legal exposure for businesses that operate e-commerce websites and physical stores, emphasizing the need for comprehensive digital accessibility to ensure compliance with ADA Title III. Failing to provide full and equal access to online services, privileges, and advantages for disabled users can lead to federal litigation, demands for injunctive relief, attorney's fees, and damages, particularly for companies with brick-and-mortar operations that also conduct online sales.
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Case Q&A
What specific WCAG violations is this apparel and accessories retailer accused of?
The retailer is accused of having a mislabeled home page button/company logo, mislabeled product size options (e.g., “cap S”), inaccessible product color options, issues with cursor navigation on product pages (stopping at image thumbnails), unlabeled pricing information in the shopping cart, no confirmation for product removal from the cart, and inaccessible company contact information such as telephone number and hours of operation.
Who filed this lawsuit, and which law firm?
The lawsuit was filed by Pedro Vergara, represented by Roderick V. Hannah, Es
, P.
and Law Office of Pelayo Duran, P.
What legal risk does this create?
This case underscores the ongoing legal risk for companies, especially those with both online and physical presences, that fail to ensure their websites are fully accessible to individuals with visual disabilities. Non-compliance with ADA Title III and WCAG standards can lead to federal lawsuits, demands for costly website remediation, injunctive relief, and awards for attorney's fees and litigation expenses.