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ADA Website Accessibility Lawsuit: an online footwear and accessories retailer

Case # · District Court, S.D. Florida · Filed May 17, 2022

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.

WCAG 2.0 Level AAScreen Reader IncompatibilityMislabeled UI ElementsInaccessible FormsLack of Accessibility Policy

Case Summary

Plaintiff NELSON FERNANDEZ has filed an ADA Title III lawsuit in the United States District Court Southern District of Florida on May 17, 2022, against an online footwear and accessories retailer. The complaint alleges that the defendant's website is inaccessible to visually impaired individuals who rely on screen reader software.

The lawsuit specifically claims several WCAG violations, including mislabeled homepage buttons and promotional images, inaccessible product details (such as price, stock, description, and size charts), and shopping cart elements (shipping protection, item price, and subtotal) that are not properly labeled for screen reader integration. Additionally, the website's contact information and online forms are inaccessible, and it lacks an accessibility notice or policy, leading to a failure to meet Web Content Accessibility Guidelines (WCAG) 2.0 Level AA standards.

This action highlights the ongoing legal risks for online retailers and similar businesses whose digital platforms are not fully accessible to persons with disabilities. Businesses operating websites that serve as a nexus to physical public accommodations, or as standalone points of sale, must ensure their digital interfaces comply with ADA Title III and WCAG standards to avoid similar litigation.

Case Q&A

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

The retailer is accused of having mislabeled homepage logos and promotional images, inaccessible product details (price, stock, description, size chart), shopping cart elements (shipping protection, item price, subtotal) not labeled for screen readers, and inaccessible contact information and online forms. The website also lacks an accessibility policy and fails to meet WCAG 2.0 Level AA standards.

Who filed this lawsuit, and which law firm?

NELSON FERNANDEZ filed this lawsuit, represented by the law firm RODERICK V. HANNAH, ES

What legal risk does this create?

This lawsuit demonstrates the legal exposure for online footwear and accessories retailers, and similar e-commerce businesses, whose websites are not fully accessible to visually disabled users. It underscores the necessity for digital platforms to comply with ADA Title III and WCAG guidelines to prevent potential litigation.

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