ADA Website Accessibility Lawsuit: Online Clothing and Accessory Retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A., LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff NELSON FERNANDEZ has filed a federal lawsuit in the United States District Court Southern District of Florida on March 18, 2022, alleging that an online clothing and accessory retailer's website is not accessible to visually impaired individuals, violating the Americans with Disabilities Act (ADA) Title III and the Rehabilitation Act.
The complaint details several critical accessibility failures, including product images mislabeled as "carousel," and product names, prices, and descriptions that are not properly labeled for screen readers. Further issues involve color and size options that are not adequately labeled and cause the cursor to skip, un-labeled "sold out" notifications, and inaccessible item color, size, price, and subtotal within the shopping cart. The plaintiff also reported no notification when an item was removed from the cart, inaccessible hours of operation and telephone numbers on the "Contact Us" page, and a lack of prompting information for online forms. Additionally, an accessibility statement via a widget was inaccessible, and the website allegedly fails to meet WCAG 2.0 Level AA guidelines.
This case highlights significant legal risks for businesses operating e-commerce websites that do not prioritize digital accessibility. Companies that provide goods and services online, especially those linked to physical retail stores and receiving federal financial assistance, must ensure their digital platforms are fully accessible to individuals with disabilities to comply with ADA Title III and the Rehabilitation Act, thereby avoiding similar lawsuits and potential injunctions.
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Case Q&A
What specific WCAG violations is this online clothing and accessory retailer accused of?
The retailer is accused of product images mislabeled as "carousel," and product names, prices, and descriptions not being labeled for screen readers. Other violations include improperly labeled color and size options, un-labeled "sold out" notifications, inaccessible shopping cart details (item color, size, price, subtotal), no notification for item removal from the cart, inaccessible "Contact Us" page information, lack of prompting information for online forms, and an inaccessible accessibility statement widget. The website is also alleged to not meet WCAG 2.0 Level AA guidelines.
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 lawsuit creates a legal risk for e-commerce businesses, particularly those with physical stores and receiving federal financial assistance, that their websites must be fully accessible to individuals with disabilities under ADA Title III and the Rehabilitation Act to prevent discrimination claims and potential injunctive relief.