ADA Website Accessibility Lawsuit: an online apparel and accessories retailer

Plaintiff NELSON FERNANDEZ, represented by RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A., filed a lawsuit in the Southern District of Florida on March 8, 2023, against an online apparel and accessories retailer. The action seeks declaratory and injunctive relief, attorney's fees, and costs for alleged unlawful disability discrimination under Title III of the Americans with Disabilities Act (ADA), as amended.

The complaint specifically alleges numerous WCAG violations, including site functions with mislabeled links, inaccessible product pricing when browsing, improperly labeled product colors and sizes, text throughout the website not labeled properly causing the cursor to skip information, inability to navigate shopping cart contents with a keyboard, product images having original and sale prices read without distinction by screen readers, and a lack of confirmation when items are removed from the shopping cart. These barriers, along with an ineffective accessibility statement and widget/plugin, prevent blind and visually disabled users from fully accessing the digital platform.

This case highlights significant legal risks for businesses operating e-commerce websites and physical stores that fail to integrate their digital platforms with ADA Title III requirements. Companies in the retail sector must ensure their online services, especially those with a nexus to brick-and-mortar operations, are fully accessible to individuals with visual disabilities to avoid similar litigation and to provide equal access to goods, services, and information.