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ADA Website Accessibility Lawsuit: an online beauty products retailer

Case # · District Court, S.D. Florida · Filed March 6, 2023

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A., LAW OFFICE OF PELAYO DURAN, P.A.

Screen Reader IncompatibilityMissing Alt Text/Descriptive TextForm Field Labeling ErrorsKeyboard Navigation BarriersWCAG 2.0 Level AA Compliance

Case Summary

Plaintiff Nelson Fernandez filed a federal lawsuit against an online beauty products retailer in the United States District Court, Southern District of Florida, on March 6, 2023. The complaint alleges that the defendant's website fails to provide equal access to visually disabled users under Title III of the Americans with Disabilities Act.

The complaint details several WCAG violations, including product colors being read by screen readers without descriptions (e.g., 'covent garden' for a tote), product images displaying original and sale prices without distinguishing labels, mislabeled quantity adjustment buttons ('increase' and 'decrease') in the shopping cart, improperly labeled sizes with inaccessible measurement units (e.g., inches), and a lack of confirmation from the screen reader when an item is removed from the cart. The plaintiff also claims the defendant failed to provide an accessible 'accessibility' notice, policy, or contact information for disabled users.

This lawsuit highlights the ongoing legal risk for online beauty product retailers and similar e-commerce platforms that do not ensure their websites are fully compliant with digital accessibility standards, potentially leading to further ADA Title III litigation and demands for injunctive relief and damages.

Case Q&A

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

The online beauty products retailer is accused of WCAG violations including screen readers not describing product colors, unclear distinction between original and sale prices on product images, mislabeled quantity adjustment buttons, improperly labeled sizes, and lack of confirmation for removed items from the cart.

Who filed this lawsuit, and which law firm?

Nelson Fernandez filed this lawsuit, represented by Roderick V. Hannah, Es

, P.

, and Law Office of Pelayo Duran, P.

What legal risk does this create?

This creates a significant legal risk for other online beauty products retailers and e-commerce platforms, underscoring the necessity for robust WCAG compliance to prevent similar ADA Title III lawsuits.

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