ADA Website Accessibility Lawsuit: an online women's apparel and accessories retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.
Case Summary
Plaintiff NELSON FERNANDEZ, represented by RODERICK V. HANNAH, ESQ., P.A., filed a federal lawsuit in the United States District Court Southern District of Florida on October 13, 2023, against an online women's apparel and accessories retailer. The complaint alleges unlawful disability discrimination in violation of Title III of the Americans with Disabilities Act, seeking declaratory and injunctive relief, attorney's fees, and costs.
The lawsuit specifically claims that the e-commerce website contains pervasive access barriers. These include product images mislabeled as "link" with no other descriptions, improperly labeled text that causes the cursor to skip information, an inaccessible size guide when using a keyboard, mislabeled product colors, and inaccessible site functions like the filter by option. Additionally, the accessibility statement and widget/plugin were not effectively accessible, failing to provide a viable alternative for visually disabled persons. The website allegedly does not meet WCAG 2.0 Level AA or higher.
This legal action highlights the significant accessibility risks faced by businesses operating e-commerce platforms that fail to comply with ADA Title III and WCAG standards. Businesses with a digital presence, especially those with brick-and-mortar stores, must ensure their websites provide full and equal access to disabled individuals, including those using screen reader software, to avoid similar litigation and ensure effective communication and participation for all customers.
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Case Q&A
What specific WCAG violations is this online women's apparel and accessories retailer accused of?
The retailer is accused of product images mislabeled as "link" with no other descriptions, improperly labeled text causing cursor skips, an inaccessible size guide for keyboard users, mislabeled product colors, and inaccessible filter options. An accessibility statement and widget were also found to be ineffective.
Who filed this lawsuit, and which law firm?
Plaintiff NELSON FERNANDEZ filed this lawsuit, represented by the law firm RODERICK V. HANNAH, ES
What legal risk does this create?
This lawsuit underscores the legal exposure for e-commerce businesses failing to ensure their websites are accessible to disabled users under ADA Title III. Such businesses risk injunctions, attorney's fees, and court orders for website remediation if their digital platforms do not meet accessibility standards like WCAG.