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ADA Website Accessibility Lawsuit: Apparel E-commerce Retailer

Case # · District Court, S.D. Florida · Filed May 31, 2022

Plaintiff's Firm: Mendez Law Offices, PLLC

WCAG 2.1 AAMissing Labels or InstructionsKeyboard Navigation FailureScreen Reader InaccessibilityADA Title III Website

Case Summary

ALEJANDRO ESPINOZA has filed a lawsuit in the United States District Court Southern District of Florida on May 31, 2022, against an apparel e-commerce retailer. The plaintiff, who is visually impaired, alleges that the defendant's website is inaccessible to individuals with disabilities, preventing full and equal enjoyment of its services under Title III of the Americans With Disabilities Act.

The complaint specifically identifies two WCAG 2.1 AA violations: labels or instructions are not provided when content requires user input (Standard 3.3.2), and functionality of the content is not operable through a keyboard interface (Standard 2.1.1). Examples include links for shipping services and cookie consent not being audibly described, and the shipping address link being inoperable via keyboard, causing navigation issues for screen reader users.

This lawsuit serves as a critical reminder for other online apparel retailers and e-commerce platforms about the necessity of maintaining WCAG-compliant websites. Failure to provide accessible digital experiences for visually impaired users can lead to federal litigation, demands for injunctive relief, and significant legal costs under ADA Title III.

Case Q&A

What specific WCAG violations is this apparel e-commerce retailer accused of?

The retailer is accused of failing to provide labels or instructions when content requires user input (WCAG 2.1 Standard 3.3.2 Labels or Instructions, Level A) and of having functionality that is not operable through a keyboard interface (WCAG 2.1 Standard 2.1.1 Keyboard, Level A).

Who filed this lawsuit, and which law firm?

ALEJANDRO ESPINOZA filed this lawsuit, represented by Mendez Law Offices, PLLC.

What legal risk does this create?

This case highlights the legal risk for online retailers and similar businesses whose websites lack accessibility features such as descriptive labels, proper instructions for user input, and keyboard operability, potentially resulting in ADA Title III litigation.

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