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ADA Website Accessibility Lawsuit: an online apparel retailer

Case # · District Court, S.D. Florida · Filed March 7, 2023

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.

WCAG 2.0 Level AAMissing Alt Text on Product ImagesInaccessible Product InformationMislabeled Interactive ElementsScreen Reader Incompatibility

Case Summary

VICTOR ARIZA, represented by Roderick V. Hannah, ESQ., P.A., has filed a lawsuit in the United States District Court Southern District of Florida on March 7, 2023, alleging that an online apparel retailer's website is not fully accessible to visually disabled individuals under Title III of the Americans with Disabilities Act. The plaintiff, who is blind and uses screen reader software, claims the website presents significant barriers to effective communication and equal access.

The complaint details several alleged WCAG violations, including product images that are mislabeled and lack descriptive text, product sizes ambiguously described (e.g., 'cap s', 'cap m', 'cap l') without further explanation, inaccessible product prices during browsing, mislabeled quantity adjustment buttons, and inaccessible product size and price information within the shopping cart. Furthermore, the defendant's website allegedly lacks an accessibility notice, statement, or contact information for disabled users, preventing the plaintiff from communicating concerns or difficulties.

This legal action underscores the continuous legal risk for e-commerce businesses that fail to maintain ADA-compliant digital platforms. Similar online retailers, particularly those with a physical store nexus, must proactively address website accessibility to avoid potential lawsuits, ensuring full and equal access to their goods, services, privileges, and advantages for all individuals, including those with visual disabilities.

Case Q&A

What specific WCAG violations is this online apparel retailer accused of?

The retailer is accused of having product images without descriptions, ambiguously labeled product sizes, inaccessible product prices, mislabeled quantity adjustment buttons, and inaccessible product size and price information in the shopping cart. The website also lacks an accessibility policy or contact information for disabled users.

Who filed this lawsuit, and which law firm?

This lawsuit was filed by VICTOR ARIZA, represented by Roderick V. Hannah, ES

, P.

, and co-counsel LAW OFFICE OF PELAYO DURAN, P.

What legal risk does this create?

This creates a legal risk for other e-commerce businesses, especially those with a physical store, demonstrating the necessity for proactive ADA Title III and WCAG compliance to ensure their websites are fully accessible to disabled users and to prevent similar litigation.

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