ADA Website Accessibility Lawsuit: an online women's apparel retailer

Nelson Fernandez, a visually impaired and physically disabled individual, has filed a federal lawsuit in the United States District Court for the Southern District of Florida on July 20, 2022, against an online women's apparel retailer. Represented by Roderick V. Hannah, Esq., P.A. and Law Office of Pelayo Duran, P.A., the plaintiff alleges that the retailer's e-commerce website contains numerous accessibility barriers that deny him and other disabled persons full and equal access to its online goods, services, and information, in violation of Title III of the Americans with Disabilities Act (ADA) and the Palm Beach County Code of Ordinances.

Specifically, the complaint highlights numerous access barriers, including mislabeled icons and buttons (cart, search, grid view, return to home page, product images, and pop-up close button), a submenu inaccessible via keyboard navigation, and inaccessible product details such as price, color, and size. Furthermore, the website allegedly fails to properly label text for screen reader integration, such as a 'no products found' message on brand pages, and provides an improperly described telephone number for assistance. The site is noted to be non-compliant with WCAG 2.0 Level AA standards.

This lawsuit underscores the critical importance for all online women's apparel retailers and similar businesses to ensure their websites are fully accessible to individuals with disabilities. Failure to comply with ADA Title III and relevant accessibility guidelines, such as WCAG 2.0 Level AA, can lead to significant legal exposure, including demands for injunctive relief, damages, attorney's fees, and the costs associated with remediation to remove digital access barriers.