ADA Website Accessibility Lawsuit: Fast-Food Restaurant Chain
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff NELSON FERNANDEZ has filed an ADA Title III website accessibility lawsuit against an online fast-food restaurant chain in the United States District Court, Southern District of Florida, on June 22, 2023.
The complaint specifically alleges numerous Web Content Accessibility Guidelines (WCAG) violations, including a mislabeled shopping cart, mislabeled product images, inaccessible text content, inaccessible business hours and location telephone numbers, improperly labeled pricing (e.g., 'plus dollar twenty-seven point ninety none' instead of '$27.99'), and mislabeled plus/minus signs for quantity adjustments. These barriers prevent visually disabled individuals from fully accessing and utilizing the e-commerce website with screen reader software, thereby denying them equal access to the defendant's goods and services.
This case underscores the legal imperative for businesses, especially those operating physical public accommodations with adjunct e-commerce websites, to ensure their digital platforms are fully accessible to individuals with visual disabilities. Failure to remediate such accessibility barriers and comply with WCAG 2.0 Level AA or higher standards exposes similar companies to significant litigation risks, including declaratory and injunctive relief, attorney's fees, and the mandate for comprehensive accessibility overhauls.
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Case Q&A
What specific WCAG violations is this fast-food restaurant chain accused of?
The fast-food restaurant chain is accused of having a mislabeled shopping cart, mislabeled product images, inaccessible text content (such as a 'Join Now' link without explanation), inaccessible business hours and location telephone numbers, improperly labeled pricing (e.g., 'plus dollar twenty-seven point ninety none'), and mislabeled plus/minus signs for quantity adjustments, all of which constitute WCAG violations.
Who filed this lawsuit, and which law firm?
NELSON FERNANDEZ filed this lawsuit, represented by the law firms RODERICK V. HANNAH, ES
, P.
and LAW OFFICE OF PELAYO DURAN, P.
What legal risk does this create?
Businesses with e-commerce websites linked to physical public accommodations face significant legal risk under ADA Title III if their digital platforms are not accessible to visually disabled users. This includes potential lawsuits seeking injunctive relief, attorney's fees, and mandatory website modifications to comply with WCAG standards, highlighting the necessity for proactive accessibility measures.