ADA Website Accessibility Lawsuit: Online Action Figure Retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff, VICTOR ARIZA, filed a lawsuit against an online action figure retailer in the United States District Court for the Southern District of Florida on November 2, 2022. The complaint was filed by the law firms of Roderick V. Hannah, Esq., P.A. and Law Office of Pelayo Duran, P.A., alleging violations of Title III of the Americans with Disabilities Act and the Rehabilitation Act.
The plaintiff, a visually disabled individual who relies on screen reader software, asserts that the e-commerce website presents numerous accessibility barriers. These alleged violations include product prices that are not labeled, issues with keyboard navigation such as the cursor not correctly interacting with the "skip to main content area" button, product images mislabeled as "link," and inaccessible pre-order/available product date information under "Featured." Additionally, the complaint notes improperly labeled product images and descriptions under "Just Arrived" and a lack of clear accessibility notice or contact information for disabled users.
This litigation underscores the legal imperative for all businesses, particularly those with online retail presences serving as an extension of a physical public accommodation or receiving federal financial assistance, to ensure their digital platforms adhere to web accessibility standards. Failure to comply with guidelines like WCAG 2.0 Level AA can result in significant legal challenges, including demands for injunctive relief, comprehensive website remediation, and the recovery of attorney's fees and costs.
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Case Q&A
What specific WCAG violations is this online action figure retailer accused of?
The online action figure retailer is accused of unlabeled product prices, keyboard navigation failures (e.g., issues with "skip to main content area" links), mislabeled product images as "link," inaccessible pre-order/date information, and improperly labeled product images and descriptions under "Just Arrived."
Who filed this lawsuit, and which law firm?
The lawsuit was filed by VICTOR ARIZA, represented by Roderick V. Hannah, Es
, P.
and Law Office of Pelayo Duran, P.
What legal risk does this create?
This creates significant legal risk for businesses with e-commerce websites, especially those connected to physical stores or receiving federal funds, by demonstrating that non-compliance with ADA Title III and the Rehab Act can lead to lawsuits demanding extensive website accessibility remediation and legal fees.