ADA Website Accessibility Lawsuit: Online Clothing and Footwear Retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff NELSON FERNANDEZ has initiated a federal lawsuit against an online clothing and footwear retailer in the United States District Court for the Southern District of Florida on November 1, 2022. The complaint, filed by RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A., alleges violations of Title III of the Americans with Disabilities Act and the Rehabilitation Act due to the defendant's inaccessible website.
The plaintiff, a visually impaired individual, claims the e-commerce website contains numerous accessibility barriers. These alleged violations include unlabeled social media links, telephone numbers read without proper context, a mislabeled shopping cart, garment sizes lacking descriptions, inaccessible colors, and missing descriptions for multiple product images. Furthermore, the website reportedly lacks prompting information for online forms and an accessible policy or contact information for disabled users, explicitly failing to meet WCAG 2.0 Level AA or higher standards.
This action highlights the ongoing legal risks for businesses, especially online retailers, that fail to ensure their digital platforms are fully accessible to individuals with disabilities. Companies with websites connected to physical places of public accommodation, or those receiving federal financial assistance, face potential lawsuits, declarations of non-compliance, and mandates for injunctive relief, including required website modifications, accessibility policies, employee training, and ongoing accessibility testing to meet ADA and Rehabilitation Act standards.
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Case Q&A
What specific WCAG violations is this online clothing and footwear retailer accused of?
The retailer is accused of having unlabeled social media links, telephone numbers read without context, a mislabeled shopping cart, garment sizes without descriptions, inaccessible colors, and missing descriptions for product images. The website also lacks accessibility information and fails to meet WCAG 2.0 Level AA standards.
Who filed this lawsuit, and which law firm?
NELSON FERNANDEZ filed this lawsuit. He is represented by the law firms RODERICK V. HANNAH, ES
, P.
and LAW OFFICE OF PELAYO DURAN, P.
What legal risk does this create?
This case signifies a legal risk for online businesses, particularly those operating in conjunction with physical stores or receiving federal aid, if their websites are not fully accessible to disabled users. Non-compliance can lead to federal lawsuits, court-ordered injunctions for website remediation, mandatory accessibility policies, staff training, and continuous accessibility audits.