ADA Website Accessibility Lawsuit: an online furniture retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A., LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Oscar Herrera, represented by Roderick V. Hannah, ESQ., P.A. and Law Office of Pelayo Duran, P.A., has filed a lawsuit in the United States District Court, Southern District of Florida, on October 20, 2023, against an online furniture retailer. The complaint alleges unlawful disability discrimination under Title III of the Americans with Disabilities Act, citing inaccessibility of the retailer's website for blind and visually disabled individuals using screen reader software. Additionally, the plaintiff alleges trespass against his personal computer for the unauthorized installation of tracking and gathering software.
The alleged WCAG violations include: Level A Guideline 1.1.1 (Non-Text Content) where graphic buttons like "Cart" are unlabeled; Level A Guideline 1.3.1 (Info and Relationships) where screen readers fail to inform users of original/discounted prices; Level A Guideline 1.3.2 (Meaningful Sequence) with flawed tab navigation to hidden links; Level A Guideline 2.1.1 (Keyboard) where the "My Account" button lacks keyboard focus and announcement; Level A Guideline 2.4.3 (Focus Order) as popups are not announced and do not receive focus; Level A Guideline 3.3.1 (Error Identification) with unannounced error messages; Level A Guideline 3.3.2 (Labels or Instructions) for unlabeled buttons like "Add to Wishlist"; Level A Guideline 4.1.2 (Name, Role, Value) preventing screen reader users from expanding filter options; Level AA Guideline 2.4.6 (Headings and Labels) where visible labels for combo boxes are not announced; and Level AA Guideline 4.1.3 (Status Messages) as confirmation popups are not announced.
This legal action underscores the significant legal risks faced by businesses in similar industries that operate e-commerce websites without ensuring full accessibility for disabled users. Non-compliance with ADA Title III and WCAG standards can lead to injunctions, demands for extensive remediation of digital platforms, and liability for attorney's fees, costs, and potential damages, including for common law tort claims like trespass if user data is collected without informed consent due to accessibility barriers.
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Case Q&A
What specific WCAG violations is this online furniture retailer accused of?
Graphics are not labeled (e.g., "Cart" button), screen readers do not announce original/discounted prices, keyboard navigation is flawed (focus shifts to hidden links, indicator disappears, "My Account" button lacks focus/announcement), popups are not announced and do not receive focus, error messages are not announced, buttons like "Add to Wishlist" are not labeled, filter options cannot be expanded by screen readers, visible labels for combo boxes are not announced, and status messages are not announced.
Who filed this lawsuit, and which law firm?
Oscar Herrera filed this lawsuit, represented by Roderick V. Hannah, ES
, P.
and Law Office of Pelayo Duran, P.
What legal risk does this create?
This case highlights the risk for businesses operating e-commerce websites if they fail to provide accessible online experiences for visually disabled users, potentially leading to lawsuits under ADA Title III for discriminatory practices and claims of trespass related to data collection without informed consent.