ADA Website Accessibility Lawsuit: An online athletic apparel and shoe retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff PEDRO VERGARA filed a federal lawsuit against an online athletic apparel and shoe retailer in the United States District Court for the Southern District of Florida on June 13, 2022. The complaint alleges unlawful disability discrimination under Title III of the Americans with Disabilities Act (ADA) due to the inaccessibility of the retailer's website to visually disabled individuals using screen reader software.
The lawsuit specifically claims numerous accessibility barriers, including a mislabeled search button, a mislabeled shopping cart, mislabeled promotional images and associated links, an unlabeled "wide fit" option, unlabeled size options beyond the first choice, unlabeled product descriptions and details, and an unlabeled total in the shopping cart. The plaintiff asserts that the defendant's website fails to meet Web Content Accessibility Guidelines (WCAG) 2.0 Level AA or higher versions of web accessibility, thus denying full and equal access to the goods, services, and privileges offered both online and in physical stores.
This legal action highlights the ongoing risk for digital platforms and e-commerce businesses that fail to ensure their websites are fully accessible to individuals with visual disabilities. Such entities face potential lawsuits seeking declaratory and injunctive relief, attorney's fees, costs, and damages for non-compliance with ADA Title III, especially when their websites serve as an extension and gateway to their physical places of public accommodation.
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Case Q&A
What specific WCAG violations is this online athletic apparel and shoe retailer accused of?
The retailer is accused of having a mislabeled search button, a mislabeled shopping cart, mislabeled promotional images and links, an unlabeled wide fit option, unlabeled size options, unlabeled product descriptions and details, and an unlabeled total in the shopping cart. The website also reportedly fails to meet WCAG 2.0 Level AA guidelines.
Who filed this lawsuit, and which law firm?
PEDRO VERGARA filed this lawsuit, represented by Roderick V. Hannah, Es
, P.
and Law Office of Pelayo Duran, P.
What legal risk does this create?
This creates a legal risk for other online retailers regarding ADA Title III compliance, potentially leading to lawsuits demanding website remediation, policy changes, and financial compensation for discriminatory digital barriers that prevent disabled users from accessing goods and services.