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ADA Website Accessibility Lawsuit: a funeral service provider

Case # · District Court, S.D. Florida · Filed February 9, 2024

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

WCAG 2.0 Level AAScreen Reader IncompatibilityKeyboard Navigation FailureMissing LabelsInaccessible Content

Case Summary

Plaintiff VICTOR ARIZA has filed a lawsuit in the United States District Court, Southern District of Florida, on February 9, 2024, against a funeral service provider. The complaint, filed by Roderick V. Hannah, Esq., P.A. and Law Office of Pelayo Duran, P.A., alleges that the defendant's website is not accessible to blind and visually disabled individuals, violating Title III of the Americans with Disabilities Act.

The lawsuit specifically details several accessibility barriers on the e-commerce website, including telephone numbers lacking descriptions for corresponding locations, inaccessible services and pricing information, improperly labeled text that causes screen reader cursor skips, and a mislabeled home page button/logo. Furthermore, an "accessibility" widget/plugin from a third-party vendor was found to be ineffective, failing to provide meaningful or prompt assistance for navigation by screen reader users. The website is also alleged not to meet WCAG 2.0 Level AA standards.

This litigation highlights the significant legal risks faced by businesses operating websites that are not fully accessible to disabled users. Companies in the funeral services industry, or any public accommodation providing goods and services online, could face similar lawsuits if their digital platforms fail to comply with ADA Title III requirements, potentially leading to injunctive relief and demands for attorney's fees and costs.

Case Q&A

What specific WCAG violations is this funeral service provider accused of?

The funeral service provider is accused of having telephone numbers without corresponding location descriptions, inaccessible services and pricing, improperly labeled text causing screen reader cursor skips, a mislabeled home page button/logo, and an ineffective third-party accessibility widget/plugin. The website is also alleged to not meet WCAG 2.0 Level A

Who filed this lawsuit, and which law firm?

Plaintiff VICTOR ARIZA 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 creates a legal risk for businesses, particularly those operating in industries classified as public accommodations, that their websites must be fully accessible to individuals with disabilities. Failure to comply with ADA Title III and web accessibility standards can lead to similar lawsuits, demands for injunctive relief, and payment of attorney's fees and costs.

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