ADA Website Accessibility Lawsuit: an apparel and lingerie retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A., LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Nelson Fernandez, represented by Roderick V. Hannah, Esq., P.A. and Law Office of Pelayo Duran, P.A., filed a lawsuit in the United States District Court Southern District of Florida on April 17, 2024, alleging disability discrimination against an apparel and lingerie retailer. The plaintiff, who is visually disabled, claims the defendant's e-commerce website is inaccessible to screen reader software users, violating Title III of the Americans with Disabilities Act.
The complaint details several critical WCAG violations, including improperly labeled text that causes screen readers to skip information, inaccessible product prices, product images lacking sufficient descriptive alt text for alternate views and angles, and product sizes read ambiguously (e.g., "cap s", "cap m") without adequate explanation. The plaintiff also notes the absence of an effective accessibility notice or policy on the website and a failure to meet WCAG 2.0 Level AA or higher standards.
This lawsuit underscores the legal obligation for online retailers and similar e-commerce platforms to ensure their digital presence is fully accessible to individuals with visual disabilities. Businesses failing to implement proper accessibility features, such as those that support screen reader technology and provide clear navigation, risk facing similar ADA Title III lawsuits, demanding injunctive relief, compensatory damages, attorney's fees, and significant remediation costs.
Unlock Full Intelligence Report
Obtain the technical WCAG violation analysis, target metadata, and legal stakes for Case #.
Case Q&A
What specific WCAG violations is this apparel and lingerie retailer accused of?
The retailer is accused of having improperly labeled text, inaccessible product prices, insufficiently described product images for screen reader users, and ambiguous product size readings. Additionally, the website allegedly fails to meet WCAG 2.0 Level AA standards and lacks a clear accessibility policy or notice.
Who filed this lawsuit, and which law firm?
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?
This creates a legal risk for other online retailers and e-commerce platforms, highlighting the potential for lawsuits demanding website remediation, injunctive relief, and legal costs if their digital properties are not accessible to users with disabilities.