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ADA Website Accessibility Lawsuit: an online chocolate and dessert retailer

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

Plaintiff's Firm: Mendez Law Offices, PLLC

WCAG 2.1 AAKeyboard Navigation FailureUnresponsive WebsiteScreen Reader IncompatibilityADA Title III Website

Case Summary

ALEJANDRO ESPINOZA has filed a federal lawsuit in the United States District Court for the Southern District of Florida on May 31, 2022, against an online chocolate and dessert retailer. The plaintiff alleges that the retailer's website contains accessibility barriers that prevent individuals with visual impairments from fully accessing its services, violating Title III of the Americans with Disabilities Act.

The complaint specifically identifies several WCAG 2.1 Standard 2.1.1 Keyboard (Level A) violations, stating that the functionality of the website's content is not operable through a keyboard interface. It is further alleged that the website becomes unresponsive repeatedly when attempting to navigate it using a keyboard. Additionally, the plaintiff claims that the website lacks accessibility assistance, which would direct visually impaired users to contact information for support, questions, or concerns.

This lawsuit highlights the significant legal risks faced by businesses operating e-commerce websites if they fail to provide a fully accessible digital experience for disabled users. Similar online retailers must ensure their platforms comply with ADA Title III and WCAG standards, particularly regarding keyboard operability and comprehensive accessibility support, to avoid potential litigation and ensure equal access for all customers.

Case Q&A

What specific WCAG violations is this online chocolate and dessert retailer accused of?

This online chocolate and dessert retailer is accused of WCAG 2.1 Standard 2.1.1 Keyboard (Level A) violations, including functionality not being operable through a keyboard interface and the website becoming unresponsive during keyboard navigation. The complaint also notes a lack of accessibility assistance contact information.

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 underscores the legal exposure for online retailers that do not ensure their websites are fully accessible to disabled users, particularly regarding keyboard navigation and providing clear accessibility support. Non-compliance with ADA Title III and WCAG standards can lead to costly litigation.

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