Received a Demand Letter? Get Immediate Defense Help →

Informational only — not legal advice. Data from public PACER/CourtListener records. Full disclaimer →

ADA Website Accessibility Lawsuit: An Online Apparel and Accessories Retailer

Case # · District Court, S.D. Florida · Filed December 13, 2023

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.

WCAG 2.1 AAUnlabeled Form ElementsKeyboard Navigation BarriersScreen Reader IncompatibilityDynamic Content Accessibility

Case Summary

Plaintiff OSCAR HERRERA has initiated an ADA Title III website accessibility lawsuit against an online apparel and accessories retailer. The complaint, alleging unlawful disability discrimination, was filed in the United States District Court, Southern District of Florida, on December 13, 2023, by the law firm RODERICK V. HANNAH, ESQ., P.A.

The lawsuit identifies numerous Web Content Accessibility Guidelines (WCAG) violations, including unlabeled elements in product image galleries (1.3.1), inaccessible buttons for keyboard-only users (2.1.1), and hidden "Quick Buy" buttons that fail with screen readers. Other issues encompass auto-rotating homepage banners without pause functionality (2.2.2), an inability to complete forms due to inaccessible date pickers (2.4.3), missing announcements for size selections (3.3.2), and unlabeled email fields (4.1.2). Further allegations include an unlabeled newsletter consent checkbox (2.4.6), a lack of visible keyboard focus indicators (2.4.7), and unannounced status messages (4.1.3). The plaintiff additionally claims trespass due to the unauthorized installation of information tracking software on his computer.

This action underscores the significant legal liabilities faced by businesses operating e-commerce platforms that do not adhere to ADA and WCAG standards, particularly concerning blind and visually disabled users. Such non-compliance can result in costly litigation, demands for injunctive relief, mandatory accessibility policy implementation, employee training, and ongoing website audits to remove access barriers.

Case Q&A

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

The online apparel and accessories retailer is accused of numerous WCAG violations, including unlabeled elements (1.3.1), inaccessible buttons (2.1.1), auto-rotating banners without controls (2.2.2), focus order issues in forms (2.4.3), missing labels or instructions for selections (3.3.2), unlabeled fields (4.1.2), and a lack of visible keyboard focus indicators (2.4.7).

Who filed this lawsuit, and which law firm?

This lawsuit was filed by OSCAR HERRERA, represented by the law firm RODERICK V. HANNAH, ES

What legal risk does this create?

This case highlights the ongoing legal risk for businesses with non-compliant e-commerce websites, potentially leading to lawsuits, injunctive orders requiring remediation, attorney's fees, and significant operational changes to ensure digital accessibility for individuals with disabilities.

TDARI Legal Intel Assistant

AI · Powered by TDARI database + Gemini

Online

TDARI Legal Intel Assistant

I'm analyzing ADA Website Accessibility Lawsuit: An Online Apparel and Acc.... Ask me about the plaintiff's law firm, the specific WCAG violations at risk, or how to protect your business. I cite real lawsuit patterns — not generic advice.

Not legal advice — informational intelligence only.

TDARI is not a law firm. Responses are AI-generated intelligence, not legal advice. Disclaimer