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ADA Website Accessibility Lawsuit: an online shoe and apparel retailer

Case # · District Court, S.D. Florida · Filed June 3, 2022

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

WCAG 2.0 AAKeyboard Navigation FailureScreen Reader IncompatibilityMislabeled UI ElementsMissing Alt Text

Case Summary

Plaintiff PEDRO VERGARA, represented by Roderick V. Hannah, Esq., P.A., has filed a federal lawsuit in the Southern District of Florida on June 3, 2022, against an online shoe and apparel retailer, alleging violations of Title III of the Americans with Disabilities Act. The plaintiff, who is visually disabled and uses screen reader software, claims the website contains numerous access barriers preventing full and equal use.

The complaint details specific accessibility issues, including mislabeled home page buttons and company logos, menu categories inaccessible via keyboard navigation, mislabeled promotional images, and unlabeled text that causes screen readers to skip information. Further violations include unlabeled product details, care, and fit information, mislabeled shopping bag images and social media links, inaccessible filter options (like "Store Pickup" and "Category"), and a lack of confirmation when items are removed from the shopping cart.

This lawsuit highlights the significant legal risks faced by businesses operating e-commerce websites that fail to adhere to digital accessibility standards, particularly WCAG 2.0 Level AA. Such non-compliance can lead to ADA Title III claims for injunctive relief, attorney's fees, and costs, emphasizing the necessity for all online platforms to provide accessible goods and services to disabled users.

Case Q&A

What specific WCAG violations is this online shoe and apparel retailer accused of?

The lawsuit alleges mislabeled home page buttons/company logos, inaccessible menu categories via keyboard, mislabeled promotional images, unlabeled text causing cursor skips, missing labels for product details, care, and fit information, mislabeled shopping bag images and social media links, and inaccessible filter options. It also notes a lack of confirmation when items are removed from the shopping cart.

Who filed this lawsuit, and which law firm?

Plaintiff PEDRO VERGARA filed this lawsuit, represented by Roderick V. Hannah, Es

What legal risk does this create?

This case underscores the risk for e-commerce businesses of facing ADA Title III lawsuits if their websites are not fully accessible to disabled users, potentially resulting in orders for injunctive relief, policy changes, accessibility training, and payment of attorney's fees and costs.

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