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ADA Website Accessibility Lawsuit: an online apparel and accessories retailer

Case # · District Court, S.D. Florida · Filed March 11, 2022

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

WCAG 2.0 AA ComplianceMissing Accessible LabelsScreen Reader IncompatibilityKeyboard Operability FailureInadequate Feedback Mechanisms

Case Summary

Plaintiff PEDRO VERGARA, represented by Roderick V. Hannah, Esq., P.A., and Law Office of Pelayo Duran, P.A., filed a lawsuit in the United States District Court, Southern District of Florida on March 11, 2022, against an online apparel and accessories retailer. The complaint alleges unlawful disability discrimination in violation of Title III of the Americans with Disabilities Act, related to the inaccessibility of the retailer's e-commerce website for visually disabled users.

The complaint specifically outlines 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”), improperly labeled product colors where display skips other options, an item price not labeled to integrate with screen readers, an inaccessible quantity button, inaccessible company hours/telephone numbers on the "contact us" page, shopping cart item price, subtotal, and order total not labeled for screen readers, and a lack of confirmation after removing an item from the shopping cart.

This legal action highlights the ongoing risk for e-commerce platforms and other online businesses that fail to ensure their digital presence is fully accessible to visually disabled individuals. Businesses must proactively audit and remediate their websites to comply with ADA Title III requirements and WCAG standards to avoid similar litigation, potential damages, and the need for costly injunctive relief.

Case Q&A

What specific WCAG violations is this online apparel and accessories retailer accused of?

The retailer is accused of several WCAG violations, including a mislabeled home page button/company logo, mislabeled product size options, improperly labeled product colors, an item price not integrated with the screen reader, an inaccessible quantity button, inaccessible contact information, and unlabelled shopping cart financial details (item price, subtotal, order total) for screen readers, along with a lack of confirmation for item removal from the cart.

Who filed this lawsuit, and which law firm?

This 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 legal risk for online businesses that fail to provide accessible websites for visually disabled users. Non-compliance with ADA Title III and WCAG standards can lead to lawsuits seeking injunctive relief, attorney's fees, and damages, compelling businesses to undertake costly remediation efforts.

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