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ADA Website Accessibility Lawsuit: an online hardware and tools retailer

Case # · District Court, S.D. Florida · Filed July 27, 2022

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.

WCAG 2.0 Level AAScreen Reader IncompatibilityKeyboard Navigation FailureMislabeled ElementsInaccessible PricingADA Title III Website

Case Summary

Plaintiff VICTOR ARIZA has filed a federal lawsuit against an online hardware and tools retailer in the United States District Court, Southern District of Florida, on July 27, 2022. The complaint alleges unlawful disability discrimination under Title III of the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973, claiming the defendant's e-commerce website is inaccessible to blind and visually disabled users. VICTOR ARIZA, who is blind, asserts that the website's inaccessibility prevents him from fully accessing its services.

The complaint details several specific accessibility barriers on the defendant's website, including inaccessible telephone numbers in the header, a shopping cart mislabeled as "link," a mislabeled return to home page button/company logo, inaccessible product prices, inaccessible item price, subtotal, and grand total within the shopping cart, a mislabeled "remove item" button, inaccessible "Store Location, Phone Numbers, and Email Address" on the contact us page, and unlabeled text that causes the cursor to skip information. These issues prevent effective communication and navigation using screen reader software.

This litigation highlights the ongoing legal risks for businesses operating websites that do not comply with federal accessibility standards, specifically WCAG 2.0 Level AA or higher. Companies in the retail sector, particularly those with an online presence that extends or connects to a physical store, face potential lawsuits if their digital platforms fail to provide full and equal access to individuals with disabilities, resulting in claims for injunctive relief, attorney's fees, and costs.

Case Q&A

What specific WCAG violations is this online hardware and tools retailer accused of?

The retailer is accused of having an inaccessible telephone number, a shopping cart mislabeled as "link," a mislabeled return to home page button/company logo, inaccessible product prices, inaccessible item and total prices within the shopping cart, a mislabeled "remove item" button, inaccessible contact information, and unlabeled text causing screen reader navigation issues.

Who filed this lawsuit, and which law firm?

The lawsuit was filed by VICTOR ARIZA, represented by RODERICK V. HANNAH, ES

, P.

and LAW OFFICE OF PELAYO DURAN, P.

What legal risk does this create?

This case underscores the legal risk for online retailers whose websites are not fully accessible to individuals with disabilities, particularly regarding screen reader compatibility. Such non-compliance can lead to ADA Title III and Rehabilitation Act lawsuits, demanding injunctive relief, attorney's fees, and the implementation of web accessibility policies and training.

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