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ADA Website Accessibility Lawsuit: An Online Asian Cuisine Retailer

Case # · District Court, S.D. Florida · Filed June 28, 2023

Plaintiff's Firm: Mendez Law Offices, PLLC and Adams & Associates, P.A.

WCAG 2.1 A 3.3.2 Labels or InstructionsWCAG 2.1 A 2.1.1 KeyboardWCAG 2.1 A 3.3.3 Error SuggestionScreen Reader IncompatibilityMissing Audible Labels

Case Summary

ALEJANDRO ESPINOZA, represented by Mendez Law Offices, PLLC and Adams & Associates, P.A., has filed an ADA Title III website accessibility lawsuit against an online Asian cuisine retailer in the United States District Court, Southern District of Florida, on June 28, 2023.

The complaint alleges multiple WCAG 2.1 Level A violations, including blank or missing audible labels for interactive elements such as modal close buttons, meal type selections, order items, and additional requests. The website also reportedly provides misleading audible labels for checked selections and fails to audibly render error suggestions for incorrect coupon codes. Furthermore, keyboard input for sensitive information, such as CVV numbers, is misinterpreted, hindering effective navigation for screen reader users.

This action highlights the ongoing legal risks for online businesses, particularly those with e-commerce functionalities, if their digital platforms are not fully accessible to individuals with disabilities. Companies operating similar online ordering and retail websites must ensure compliance with WCAG 2.1 Level A standards to avoid similar litigation and to provide equitable access to all users.

Case Q&A

What specific WCAG violations is this online Asian cuisine retailer accused of?

This online Asian cuisine retailer is accused of numerous WCAG 2.1 Level A violations, including missing or blank audible labels for buttons and selected items, misleading audible cues for checkboxes, and a failure to audibly present error suggestions. Additionally, keyboard input for sensitive fields like CVV numbers is reportedly misprocessed.

Who filed this lawsuit, and which law firm?

The lawsuit was filed by ALEJANDRO ESPINOZA, represented by Mendez Law Offices, PLLC and Adams & Associates, P.

What legal risk does this create?

This lawsuit creates significant legal risk for other online food service providers and e-commerce platforms that fail to ensure their websites are fully accessible to disabled users, particularly those relying on screen reader software. Non-compliance with WCAG standards can lead to similar ADA Title III litigation.

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