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ADA Website Accessibility Lawsuit: An online apparel and footwear retailer

Case # · District Court, S.D. Florida · Filed March 8, 2023

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

WCAG 2.0 Level AA Non-ComplianceScreen Reader IncompatibilityKeyboard Navigation IssuesMissing Form Labels/Accessible NamesInaccessible Dynamic Content

Case Summary

Plaintiff VICTOR ARIZA has filed an ADA Title III website accessibility lawsuit against an online apparel and footwear retailer in the United States District Court, Southern District of Florida, on March 8, 2023. The plaintiff, who is blind and visually disabled, alleges that the defendant's e-commerce website contains numerous barriers that prevent full and equal access for individuals using screen reader software.

The complaint outlines several specific WCAG violations, including improperly labeled text that causes the cursor to skip information, inaccessible product prices, color options lacking proper descriptions, and inaccessible product details (price, color, size, total) within the shopping cart. Furthermore, the website fails to provide confirmation when an item is removed from the shopping cart. These issues contribute to the website's non-compliance with Web Content Accessibility Guidelines ("WCAG") 2.0 Level AA or higher.

This lawsuit underscores the critical importance for online retailers, particularly those with brick-and-mortar stores, to ensure their digital platforms are fully accessible to individuals with disabilities. Businesses that fail to implement web accessibility policies, conduct regular audits, and provide auxiliary aids for effective communication risk legal action, injunctive relief, and the potential for substantial attorney's fees and costs.

Case Q&A

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

The retailer is accused of having text that is not properly labeled, inaccessible product prices, color options without proper descriptions, inaccessible shopping cart details (price, color, size, total), and a lack of confirmation for actions like removing items from the cart. The website also fails to meet WCAG 2.0 Level AA or higher standards.

Who filed this lawsuit, and which law firm?

The lawsuit was filed by VICTOR ARIZA, represented by the law firm RODERICK V. HANNAH, ES

What legal risk does this create?

This lawsuit highlights the legal risk for online retailers whose websites are not accessible to disabled users under ADA Title III, potentially leading to injunctive relief, legal fees, and the necessity to implement comprehensive accessibility improvements.

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