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ADA Website Accessibility Lawsuit: an online marine products retailer

Case # · District Court, S.D. Florida · Filed December 5, 2022

Plaintiff's Firm: Mendez Law Offices, PLLC, Adams & Associates, P.A.

WCAG 2.1 Level AFocus Order (2.4.3)Keyboard Navigation (2.1.1)Labels or Instructions (3.3.2)Screen Reader Incompatibility

Case Summary

ALEJANDRO ESPINOZA has filed an ADA Title III website accessibility lawsuit in the United States District Court, Southern District of Florida, on December 5, 2022, against an online marine products retailer. The complaint, filed through Mendez Law Offices, PLLC and Adams & Associates, P.A., alleges that the defendant's website contains barriers preventing visually impaired users from full and equal access.

The lawsuit specifically cites violations of WCAG 2.1 standards, including unexpected focus order shifts when selecting product sizes and in the checkout process (Standard 2.4.3 Focus Order, Level A). It also highlights keyboard navigation failures, rendering certain website functionality inoperable, such as selecting shipping options and entering promo codes (Standard 2.1.1 Keyboard, Level A), and a lack of audible context for essential buttons like "Edit" during checkout (Standard 3.3.2 Labels or Instructions, Level A).

This legal action underscores the ongoing risk for e-commerce websites, particularly those with a nexus to physical retail locations, that fail to provide accessible digital platforms for individuals with disabilities. Businesses operating similar online retail environments face potential liability for injunctive relief, damages, and legal costs if their websites do not comply with ADA Title III and WCAG 2.1 Level AA standards, necessitating proactive accessibility audits and remediation.

Case Q&A

What specific WCAG violations is this online marine products retailer accused of?

The website is accused of unexpected focus order shifts (WCAG 2.1 Standard 2.4.3 Focus Order, Level A), keyboard navigation failures preventing access to functionality and shipping options (WCAG 2.1 Standard 2.1.1 Keyboard, Level A), and missing audible context for edit buttons in the checkout process (WCAG 2.1 Standard 3.3.2 Labels or Instructions, Level A).

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 a legal risk for online retailers whose websites are not fully accessible to visually impaired users, potentially leading to lawsuits seeking injunctive relief, damages, and a mandate for comprehensive website accessibility improvements under ADA Title III.

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