ADA Website Accessibility Lawsuit: an online jewelry retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.
Case Summary
Plaintiff NELSON FERNANDEZ has filed a federal lawsuit in the Southern District of Florida on February 10, 2023, against an online jewelry retailer. The complaint alleges that the retailer's e-commerce website is not fully accessible to visually disabled individuals, violating Title III of the Americans with Disabilities Act (ADA), and also includes a common law tort claim for trespass related to information tracking software.
The lawsuit specifically details several accessibility barriers on the e-commerce website. These include instances where text is not labeled properly, causing the cursor to skip information, and issues within the shopping cart such as the option to remove an item being presented before the item itself is read by a screen reader. Furthermore, pricing information within the shopping cart is alleged to be inaccessible, there is no confirmation upon item removal, and the platform's 'accessibility' statement cannot be effectively accessed. The website overall fails to meet Web Content Accessibility Guidelines ("WCAG") 2.0 Level AA or higher versions.
This action underscores the continuous legal exposure for businesses operating digital platforms that do not fully comply with ADA Title III and WCAG standards. Companies in similar retail sectors must ensure their websites are comprehensively accessible to all users, including those with visual disabilities, to mitigate the risk of litigation, demands for injunctive relief, attorney's fees, costs, and potential damages for discriminatory practices and related common law torts.
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 jewelry retailer accused of?
The online jewelry retailer is accused of having text that is not labeled properly, leading to cursor skips, and issues within the shopping cart where the option to remove an item is announced before the item itself. Inaccessible pricing information and a lack of confirmation for item removal in the cart are also cited, along with an inaccessible "accessibility" statement and overall non-compliance with WCAG 2.0 Level AA or higher.
Who filed this lawsuit, and which law firm?
This lawsuit was filed by NELSON FERNANDEZ, represented by the law firm RODERICK V. HANNAH, ES
What legal risk does this create?
This case demonstrates the legal risk for businesses whose digital platforms do not adhere to ADA Title III and WCAG standards. Such non-compliance can lead to lawsuits seeking injunctive relief to correct accessibility barriers, as well as claims for attorney's fees, costs, and damages for discrimination.