ADA Website Accessibility Lawsuit: an Online Swimwear Retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff Nelson Fernandez, represented by Roderick V. Hannah, ESQ., P.A. and Law Office of Pelayo Duran, P.A., filed a federal lawsuit in the United States District Court Southern District of Florida on November 17, 2022, against an online swimwear retailer. The complaint alleges unlawful disability discrimination under ADA Title III and the Rehabilitation Act concerning the accessibility of its e-commerce website.
The lawsuit details various WCAG violations, including product price and color options not labeled for screen readers, mislabeled size options, unlabeled item price and subtotal in the shopping cart, and inaccessible text throughout the site. Further issues include mislabeled social media links, inaccessible store addresses, indistinguishable contact telephone numbers, and submenus not fully accessible via keyboard navigation. Notifications for shopping cart actions were also not integrated with screen readers, and the website reportedly failed to meet WCAG 2.0 Level AA standards.
This litigation highlights the critical importance for similar businesses, particularly those operating e-commerce websites and receiving federal financial assistance, to ensure their digital platforms are fully accessible to individuals with visual disabilities. Failure to implement effective accessibility features and policies, such as screen reader compatibility and clear accessibility statements, poses significant legal risk under federal disability laws.
Unlock Full Intelligence Report
Obtain the technical WCAG violation analysis, target metadata, and legal stakes for Case #.
Case Q&A
What specific WCAG violations is this online swimwear retailer accused of?
The online swimwear retailer is accused of multiple WCAG violations, including product details (price, color, size) and shopping cart elements (item price, subtotal) not being labeled for screen readers, inaccessible text, mislabeled social media links, and keyboard navigation issues with submenus. Store addresses and contact numbers were also found inaccessible or undifferentiated, and the website does not meet WCAG 2.0 Level AA guidelines.
Who filed this lawsuit, and which law firm?
Nelson Fernandez filed this lawsuit. He is represented by Roderick V. Hannah, ES
, P.
and Law Office of Pelayo Duran, P.
What legal risk does this create?
This case underscores the legal risk for businesses, especially e-commerce platforms, that fail to provide accessible digital experiences for users with disabilities. It emphasizes the necessity of compliance with ADA Title III and the Rehabilitation Act, warning that non-compliance can lead to federal lawsuits seeking declaratory and injunctive relief, as well as attorney's fees and costs.