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ADA Website Accessibility Lawsuit: an electric bicycle retailer

Case # · District Court, S.D. Florida · Filed July 25, 2022

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.

WCAG 2.0 Level AA FailureKeyboard Navigation IssuesScreen Reader IncompatibilityMissing Form LabelsInaccessible Contact Information

Case Summary

NELSON FERNANDEZ has filed an ADA Title III website accessibility lawsuit in the United States District Court for the Southern District of Florida on July 25, 2022, against an online electric bicycle and parts retailer. The complaint alleges that the defendant's e-commerce website contains access barriers, preventing visually disabled individuals from fully accessing its content and services.

The lawsuit specifically details several WCAG violations, including a mislabeled home page button/company logo, inaccessible regular and sale prices when navigating with a keyboard, and an inaccessible company telephone number and email. Additionally, product details and specifications lack proper labeling, and text throughout the website is not integrated with screen readers, causing the cursor to skip vital information. The complaint further notes the absence of an accessibility notice or policy and alleges the website fails to meet WCAG 2.0 Level AA or higher standards.

This action underscores the significant legal risks faced by businesses operating e-commerce websites if they fail to ensure digital accessibility. Companies that provide online services, product information, and sales platforms, especially those with a nexus to physical stores, must ensure their websites are fully navigable and comprehensible for visually disabled users. The complaint also includes claims of trespass for placing tracking software without consent, highlighting additional liabilities for website operators regarding user data and computer integrity.

Case Q&A

What specific WCAG violations is this electric bicycle and parts retailer accused of?

The complaint alleges that the website has a mislabeled home page button/company logo, inaccessible regular and sale prices with keyboard navigation, inaccessible telephone number and email, unlabeled product details and specifications, screen reader incompatibility causing cursor skips, and lacks an accessibility notice or policy. It also claims the website does not meet WCAG 2.0 Level AA standards.

Who filed this lawsuit, and which law firm?

NELSON FERNANDEZ filed this lawsuit, represented by the law firm RODERICK V. HANNAH, ES

What legal risk does this create?

This case highlights the legal risk for online retailers whose websites are not fully accessible to disabled users under ADA Title III. Such businesses face potential lawsuits for injunctive relief, attorney's fees, and damages, especially if their digital platforms, which serve as extensions of physical stores, fail to provide effective communication and equal access.

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