ADA Website Accessibility Lawsuit: an online surf shop retailer
Plaintiff's Firm: Mendez Law Offices, PLLC and Adams & Associates, P.A.
Case Summary
Plaintiff ALEJANDRO ESPINOZA, represented by Mendez Law Offices, PLLC and Adams & Associates, P.A., filed a federal lawsuit in the United States District Court, Southern District of Florida, on September 16, 2022, against an online surf shop retailer.
The complaint alleges that the e-commerce website fails to meet Web Content Accessibility Guidelines (WCAG) 2.0-AA Compliance standards and does not provide sufficient alternatives for visually impaired users. Specific issues mentioned include the absence of accessibility assistance for contact, difficulties browsing merchandise, and the inability to fully and freely use the website due to access barriers. Additionally, the lawsuit alleges trespass due to the non-consensual installation of tracking and information-securing software (cookies) on the plaintiff's computer.
This action highlights the increasing legal risk for businesses operating e-commerce websites that do not ensure full accessibility for individuals with disabilities, particularly those using screen reader software. Companies offering goods and services online must implement robust accessibility features and provide clear consent mechanisms for data collection to mitigate potential ADA Title III and common law trespass claims.
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Case Q&A
What specific WCAG violations is this online surf shop retailer accused of?
The online surf shop retailer is accused of failing to meet WCAG 2.0-AA Compliance standards, lacking accessibility assistance for visually impaired users, containing access barriers preventing full website use, and not providing sufficient alternatives.
Who filed this lawsuit, and which law firm?
ALEJANDRO ESPINOZA filed this lawsuit, represented by Mendez Law Offices, PLLC and Adams & Associates, P.
What legal risk does this create?
This creates legal risk for e-commerce businesses that fail to provide accessible websites for disabled users, potentially leading to ADA Title III claims. It also highlights risks related to common law trespass due to non-consensual installation of tracking software.