ADA Website Accessibility Lawsuit: an apparel retailer

Plaintiff OSCAR HERRERA, represented by RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A., has filed a federal lawsuit against an online apparel and accessories retailer in the United States District Court, Southern District of Florida, on March 28, 2024. The complaint alleges violations of Title III of the Americans with Disabilities Act due to the inaccessibility of the e-commerce website to blind and visually disabled users. The plaintiff, who uses screen reader software, asserts that the website's barriers prevent him from accessing and enjoying the retailer's online and physical store offerings.

The complaint specifically details several WCAG violations, including unannounced five-star graphics (Non-Text Content), unlabeled product prices in cart popups with incorrect announcements for strikethrough prices (Info and Relationships), a lack of proper announcement for "Order Summary" contents on the checkout page causing focus shifts (Meaningful Sequence), an absence of controls for promotional carousels that interrupt screen reader focus (Pause, Stop, Hide), incorrect focus order when popups appear (Focus Order), shoe size guide content not announced as a table with missing labels (Labels or Instructions), and unannounced text information in countdown timers (Images of Text).

This legal action underscores the imperative for online businesses, particularly those with a nexus to physical public accommodations, to ensure their digital platforms comply with ADA Title III. Companies with similar accessibility shortcomings on their e-commerce websites face potential lawsuits, demands for injunctive relief to remediate barriers, and compensatory damages, as well as requirements for implementing web accessibility policies and ongoing monitoring.