ADA Website Accessibility Lawsuit: an apparel and accessories retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff NELSON FERNANDEZ has filed an ADA Title III website accessibility lawsuit in the United States District Court, Southern District of Florida, on February 23, 2024, against an online apparel and accessories retailer.
The complaint alleges that the e-commerce website contains access barriers for visually disabled individuals using screen reader software. Specific violations include links lacking full functionality, mislabeled product images with insufficient descriptions, an inaccessible quantity selection feature for screen reader users, unlabeled product details and pricing, and inaccessible information within the shopping cart regarding prices, subtotal, and order total. The lawsuit also claims the site's third-party "accessibility" widget/plugin failed to provide effective assistance.
This action highlights the ongoing legal risk for businesses operating e-commerce websites that do not comply with ADA Title III and Web Content Accessibility Guidelines (WCAG) 2.0 Level AA or higher, potentially facing lawsuits for discrimination and denial of equal access to goods, services, and privileges for disabled users. Plaintiff NELSON FERNANDEZ, represented by RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A., seeks injunctive and declaratory relief to mandate website remediation.
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Case Q&A
What specific WCAG violations is this apparel and accessories retailer accused of?
The lawsuit alleges that the e-commerce website has links lacking full functionality, mislabeled product images, an inaccessible quantity selection feature, unlabeled product details and pricing, and inaccessible shopping cart information. It also claims a third-party accessibility widget/plugin was ineffective.
Who filed this lawsuit, and which law firm?
Plaintiff NELSON FERNANDEZ filed this lawsuit, represented by RODERICK V. HANNAH, ES
, P.
and LAW OFFICE OF PELAYO DURAN, P.
What legal risk does this create?
Businesses with e-commerce websites face legal risks under ADA Title III if their digital platforms are not accessible to visually disabled users, potentially leading to lawsuits demanding injunctive relief, website remediation, and attorney's fees for non-compliance with WCAG standards.