ADA Website Accessibility Lawsuit: an apparel and accessories retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.
Case Summary
Plaintiff VICTOR ARIZA, an individual, has filed an ADA Title III lawsuit against an apparel and accessories retailer in the United States District Court, Southern District of Florida, on August 29, 2022. The complaint also includes a common law tort claim for trespass related to information tracking.
The complaint alleges that the e-commerce website contains access barriers for blind and visually disabled users who rely on screen reader software. Specific violations include unlabelled submenu headers, inaccessible Size Charts text information when navigating with a keyboard, unlabelled prices and sale details for selected items, inaccessible color and size options beyond the first choice when navigating with a keyboard, and unlabelled shopping cart notifications.
Businesses operating similar e-commerce websites face significant legal risk if their digital platforms are not fully accessible to individuals with disabilities, potentially leading to lawsuits seeking injunctive relief, attorney's fees, costs, and compensatory damages for common law tort claims like trespass to chattel due to information tracking software without consent.
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Case Q&A
What specific WCAG violations is this apparel and accessories retailer accused of?
The retailer's website is accused of having unlabelled submenu headers, inaccessible Size Charts text information via keyboard, unlabelled prices and sale details for selected items, inaccessible color and size options beyond the first choice via keyboard, and unlabelled shopping cart notifications.
Who filed this lawsuit, and which law firm?
VICTOR ARIZA filed this lawsuit, represented by RODERICK V. HANNAH, ES
What legal risk does this create?
This creates a legal risk for similar businesses of lawsuits under ADA Title III, potentially seeking injunctive relief to mandate website remediation, attorney's fees, and damages for tort claims such as trespass to chattel related to website tracking.