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ADA Website Accessibility Lawsuit: A Footwear and Accessories Retailer

Case # · District Court, S.D. Florida · Filed November 27, 2023

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.

WCAG 2.0 AAMissing Alt TextScreen Reader IncompatibilityInaccessible Form FieldsKeyboard Navigation Issues

Case Summary

Plaintiff VICTOR ARIZA has filed an ADA Title III website accessibility lawsuit in the United States District Court Southern District of Florida on November 27, 2023, against a foreign for-profit corporation operating as a footwear and accessories retailer.

The complaint alleges that the defendant's e-commerce website contains numerous access barriers, preventing visually disabled individuals from full and equal use with screen reader software. Specific violations include improperly described images lacking promotional and product details, ineffective communication of product colors to screen readers, inaccessible store information (address, operating hours, telephone numbers), and insufficient descriptions for product size options. The website also reportedly fails to meet WCAG 2.0 Level AA standards and lacks an effective accessibility policy, committee, coordinator, testing group, bug fix policy, automated testing, and specialized customer assistance, and its accessibility statement/widget is inadequate.

This action highlights the significant legal risk faced by online businesses in the retail sector that fail to ensure their digital platforms are fully accessible to individuals with disabilities. Similar e-commerce websites must implement robust accessibility measures, including compliance with WCAG standards and comprehensive support systems, to avoid potential ADA Title III litigation, injunctive relief, and associated legal costs.

Case Q&A

What specific WCAG violations is this online footwear and accessories retailer accused of?

The retailer is accused of having improperly described images, ineffective communication of product colors, inaccessible store information, and insufficient descriptions for product size options. The website also reportedly fails to meet WCAG 2.0 Level AA standards and lacks various accessibility support policies and features.

Who filed this lawsuit, and which law firm?

VICTOR ARIZA filed this lawsuit. He is represented by RODERICK V. HANNAH, ES

, P.

and LAW OFFICE OF PELAYO DURAN, P.

What legal risk does this create?

This case demonstrates the legal exposure for online retailers whose websites are not accessible to users with disabilities, particularly those relying on screen reader software. Non-compliance with ADA Title III and WCAG standards can lead to lawsuits seeking injunctive relief, policy changes, and recovery of attorney's fees and costs.

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