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ADA Website Accessibility Lawsuit: an online children's apparel retailer

Case # · District Court, S.D. Florida · Filed October 4, 2022

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

WCAG 2.0 Level AAMislabeled UI ElementsMissing Alt Text on Product ImagesInaccessible ContentMissing Accessibility Statement

Case Summary

Plaintiff NELSON FERNANDEZ has filed a federal lawsuit in the United States District Court, Southern District of Florida, on October 4, 2022, against an online children's apparel retailer. The complaint alleges that the retailer's e-commerce website is not accessible to visually impaired individuals, thereby violating Title III of the Americans with Disabilities Act. RODERICK V. HANNAH, ESQ., P.A. represents the plaintiff in this action.

The lawsuit specifically identifies several Web Content Accessibility Guidelines (WCAG) violations, including a mislabeled home page button/company logo, a search text box mislabeled as "translation missing," account and shopping cart buttons mislabeled as "link ac two zero," product images mislabeled as "link," and inaccessible product prices. Additionally, the e-commerce website allegedly lacks prompting information for forms and an accessibility notice or policy, failing to meet WCAG 2.0 Level AA standards.

This legal action highlights the ongoing risk for e-commerce businesses that fail to provide equal access to their digital platforms for disabled users. Companies operating online retail stores must ensure their websites are fully compatible with screen reader software and comply with ADA Title III and WCAG standards to avoid potential lawsuits for discrimination and ensure effective communication for all customers.

Case Q&A

What specific WCAG violations is this online children's apparel retailer accused of?

The online children's apparel retailer is accused of having a mislabeled home page button/company logo, a search text box mislabeled as "translation missing," account and shopping cart buttons mislabeled as "link ac two zero," product images mislabeled as "link," and inaccessible product prices. The website also lacks prompting information for forms and an accessibility notice or policy.

Who filed this lawsuit, and which law firm?

This lawsuit was filed by Plaintiff NELSON FERNANDEZ, represented by RODERICK V. HANNAH, ES

What legal risk does this create?

This lawsuit creates a significant legal risk for online retailers, demonstrating that failure to provide an accessible e-commerce website in compliance with ADA Title III and WCAG standards can lead to federal litigation, demands for injunctive relief, and recovery of attorney's fees and costs.

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