ADA Website Accessibility Lawsuit: an apparel and accessories retailer

Plaintiff, VICTOR ARIZA, represented by RODERICK V. HANNAH, ESQ., P.A., filed an ADA Title III lawsuit against an apparel and accessories retailer in the United States District Court for the Southern District of Florida on June 20, 2022.

The lawsuit alleges several WCAG violations, including a mislabeled credit card link ("banner link"), inaccessible submenus when navigating with a keyboard, unlabeled product prices for screen readers, and mislabeled size guide options ("cap S, cap M, and cap L"). The plaintiff, who is blind and uses screen reader software, claims these barriers prevented him from effectively accessing and using the defendant's e-commerce website, which acts as a gateway to its physical stores. Additionally, the complaint includes a claim for trespass, alleging the defendant placed information tracking software on the plaintiff's computer without his knowledge or consent, consuming resources and infringing on his right to exclude.

This case underscores the legal imperative for online businesses, particularly those with a nexus to physical public accommodations, to ensure their digital platforms are fully accessible to individuals with visual disabilities. The allegations highlight the risks faced by businesses that fail to implement robust web accessibility policies, conduct regular audits, and provide effective communication for all users, potentially leading to significant litigation and demands for injunctive relief and damages.