ADA Website Accessibility Lawsuit: an online apparel retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff PEDRO VERGARA has filed a federal lawsuit in the United States District Court for the Southern District of Florida on July 20, 2022, alleging that an online apparel retailer's website contains barriers that discriminate against visually disabled users under Title III of the Americans with Disabilities Act. The complaint also includes claims for common law trespass related to information tracking software.
The complaint specifically alleges that the website suffers from numerous accessibility defects, including a mislabeled home page button/company logo, unlabeled size chart text information, product size options labeled without garment specifications, inaccessible merchandise subtotal, order total, and order balance information within the shopping bag, and a lack of confirmation when a product is removed from the shopping cart. Furthermore, the plaintiff attempted unsuccessfully to locate an accessibility notice, statement, or policy on the site, and asserts that the digital platform does not meet WCAG 2.0 Level AA or higher standards for web accessibility.
This lawsuit highlights the ongoing legal risks faced by online retailers whose websites are not fully accessible to visually disabled users. Businesses operating e-commerce platforms that serve as extensions or gateways to physical stores must ensure their digital presence complies with ADA Title III to avoid potential discrimination claims, demands for injunctive relief, and compensatory damages for accessibility barriers and related torts.
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Case Q&A
What specific WCAG violations is this online apparel retailer accused of?
The online platform is accused of having a mislabeled home page button/company logo, unlabeled size chart text, product size options without garment specifications, inaccessible shopping bag totals (subtotal, order total, balance to credit card), and no confirmation for product removal from the cart. It is also alleged to lack an accessibility notice or policy and to not meet WCAG 2.0 Level AA standards.
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 case demonstrates that online businesses, particularly those with a nexus to physical stores, face legal challenges if their websites are not accessible to individuals with disabilities. Non-compliance can lead to demands for injunctive relief, attorney's fees, and damages for discrimination under ADA Title III, as well as common law claims like trespass.