ADA Website Accessibility Lawsuit: an athletic apparel and footwear retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A., LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff PEDRO VERGARA has filed an ADA Title III lawsuit in the United States District Court Southern District of Florida on June 13, 2022, against an athletic apparel and footwear retailer.
The complaint alleges numerous access barriers preventing visually disabled users from full and equal access to the e-commerce website. Specific violations cited include a mislabeled home page button/company logo, unlabeled product prices, inaccessible product color options, mislabeled product size options (e.g., “cap S”, "cap M", "cap L"), inaccessible shopping cart details (item price, subtotal, shipping cost, estimated sales tax, and total), lack of proper description for the company telephone number on the customer service page, and inaccessible hours of operation. Additionally, the website lacks an accessibility notice, statement, or policy and does not meet WCAG 2.0 Level AA guidelines.
This lawsuit highlights the ongoing legal risks for online retailers that fail to ensure their digital platforms are accessible to individuals with disabilities, particularly those who rely on screen reader software. Businesses operating e-commerce websites with a nexus to physical locations must comply with ADA Title III to avoid potential litigation and ensure equal access to goods and services for all customers.
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Case Q&A
What specific WCAG violations is this online athletic apparel and footwear retailer accused of?
The retailer is accused of having a mislabeled home page button/logo, unlabeled product prices, inaccessible product color options, mislabeled product size options, inaccessible shopping cart details (item price, subtotal, shipping cost, estimated sales tax, and total), lack of proper description for the company telephone number, inaccessible hours of operation, and a general failure to meet WCAG 2.0 Level AA guidelines.
Who filed this lawsuit, and which law firm?
This lawsuit was filed by PEDRO VERGARA, represented by the law firms RODERICK V. HANNAH, ES
, P.
and LAW OFFICE OF PELAYO DURAN, P.
What legal risk does this create?
This creates legal risk for online retailers, particularly those with physical store connections, if their websites are not fully accessible to disabled individuals, potentially leading to ADA Title III litigation and requirements for digital accessibility remediation.