ADA Website Accessibility Lawsuit: An Online Beach and Swimwear Retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.
Case Summary
Nelson Fernandez filed a lawsuit against an online beach and swimwear retailer in the United States District Court, Southern District of Florida, on September 6, 2022. The complaint alleges that the e-commerce website contains accessibility barriers preventing visually impaired individuals from full and equal enjoyment of its digital offerings, thereby violating Title III of the Americans with Disabilities Act and the Palm Beach County Code of Ordinances.
The lawsuit specifically details several WCAG violations, including a home page logo that is not properly labeled, inaccessible store address and telephone number on the Contact Us page when navigating with a keyboard, unlabeled text information on the About Us page causing the cursor to skip, improperly labeled size options, and an improperly labeled phone number. These issues collectively render the digital platform inaccessible to screen reader software users.
This case highlights the significant legal exposure for online retailers and businesses operating in Florida if their websites do not comply with ADA Title III and local accessibility ordinances. Companies failing to provide an accessible digital experience, especially those with an e-commerce component or a strong nexus to a physical store, face potential lawsuits seeking injunctive relief, attorney's fees, and damages for disability discrimination.
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Case Q&A
What specific WCAG violations is this online beach and swimwear retailer accused of?
The online beach and swimwear retailer is accused of several WCAG violations, including a home page logo that is not properly labeled, inaccessible store address and telephone number on the Contact Us page when navigating with a keyboard, unlabeled text information on the About Us page, improperly labeled size options, and an improperly labeled phone number.
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 lawsuit demonstrates that online retailers and businesses with websites tied to physical locations face legal risks under ADA Title III and local ordinances if their digital platforms are not accessible to individuals with visual disabilities, leading to potential claims for injunctive relief, attorney's fees, and damages.