ADA Website Accessibility Lawsuit: an online footwear retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.
Case Summary
Plaintiff VICTOR ARIZA has filed a federal lawsuit against an online footwear retailer in the United States District Court for the Southern District of Florida on June 20, 2022. The complaint alleges unlawful disability discrimination under Title III of the Americans with Disabilities Act and a common law tort claim for trespass related to the use of a computer and its hard drive.
The lawsuit details several specific website accessibility barriers encountered by the plaintiff, a visually disabled individual using screen reader software. These barriers include mislabeled home page/company logo and country buttons, inaccessible submenus, mislabeled search and shopping cart buttons ("link zero"), and inaccessible product information (name, price, payment options, color, size, quantity, sold out, stock online) after selecting a product. Additionally, the e-commerce website lacks prompting information for online forms and an accessibility notice or policy.
This legal action highlights the ongoing risks for businesses operating e-commerce websites that fail to comply with ADA Title III requirements for digital accessibility. Companies that do not provide full and equal access to their online platforms for disabled users may face similar lawsuits, incurring legal costs, and potentially being required to implement significant website modifications and accessibility policies.
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Case Q&A
What specific WCAG violations is this online footwear retailer accused of?
The online footwear retailer is accused of numerous WCAG violations, including a mislabeled home page/company logo, mislabeled country and social media buttons, inaccessible submenus when navigating with a keyboard, mislabeled search button and shopping cart ("link zero"), and inaccessible product details (name, price, payment options, color, size, quantity, stock online) after selecting an item. The website also lacks an accessibility notice or policy.
Who filed this lawsuit, and which law firm?
Plaintiff VICTOR ARIZA filed this lawsuit, represented by the law firm RODERICK V. HANNAH, ES
What legal risk does this create?
This lawsuit underscores the legal risk for online retailers whose websites are not fully accessible to visually disabled individuals. It demonstrates that businesses can face claims under the ADA Title III for inaccessible digital platforms, potentially leading to court orders for website modifications, policy implementation, and payment of attorney's fees and costs.