ADA Website Accessibility Lawsuit: Online Apparel Retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.
Case Summary
VICTOR ARIZA, represented by RODERICK V. HANNAH, ESQ., P.A., filed an ADA Title III website accessibility lawsuit in the United States District Court, Southern District of Florida, on May 25, 2022. The complaint alleges that an online apparel and accessories retailer's e-commerce website contains access barriers that prevent blind and visually disabled individuals from full and equal access to its goods, services, and privileges, thereby violating the Americans with Disabilities Act.
The alleged WCAG violations include mislabeled home page buttons/company logos, mislabeled search and "my account" buttons, mislabeled promotional images, product prices not labeled for screen reader integration, product images mislabeled as "link," inaccessible item name, price, size, and color once selected, inaccessible item price and total in the shopping cart, and improperly labeled text causing cursor skips during navigation. The plaintiff further asserts that the website lacks an accessibility notice or policy and an effective communication mechanism for disabled users.
This legal action highlights the imperative for businesses, especially those operating both physical stores and e-commerce platforms, to ensure their digital presence is fully accessible to all users. Failure to comply with ADA Title III and WCAG 2.0 Level AA standards risks legal challenges seeking injunctive relief, attorney's fees, and damages for discriminatory practices, as well as potential trespass claims related to information tracking software.
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Case Q&A
What specific WCAG violations is this online apparel and accessories retailer accused of?
The online apparel and accessories retailer is accused of having mislabeled home page buttons/company logos, mislabeled search and "my account" buttons, mislabeled promotional images, product prices not labeled for screen reader integration, product images mislabeled as "link," inaccessible item name, price, size, and color once selected, inaccessible item price and total in the shopping cart, and improperly labeled text that causes cursor skips.
Who filed this lawsuit, and which law firm?
This lawsuit was filed by VICTOR ARIZA, represented by the law firm RODERICK V. HANNAH, ES
, P.
and LAW OFFICE OF PELAYO DURAN, P.Α..
What legal risk does this create?
This creates a legal risk for other businesses in similar industries to face ADA Title III lawsuits, demanding injunctive relief to remediate website accessibility barriers, payment of attorney's fees and costs, and potential liability for claims like trespass if user data tracking software is installed without informed consent.