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ADA Website Accessibility Lawsuit: an online apparel and jewelry retailer

Case # · District Court, S.D. Florida · Filed April 30, 2024

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

WCAG 2.0 AAScreen Reader IncompatibilityKeyboard Navigation FailureMissing Alt Text on Product ImagesForm Field Labeling Issues

Case Summary

Plaintiff NELSON FERNANDEZ, represented by RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A., filed an ADA Title III website accessibility lawsuit on April 30, 2024, in the United States District Court Southern District of Florida against an online apparel and jewelry retailer.

The complaint alleges the e-commerce website contained numerous accessibility barriers, including product pricing not labeled for screen reader software, inaccessible shopping cart details like item price, subtotal, and order total, and insufficient image descriptions for product visuals. Additionally, contact information (telephone and email) was not properly labeled, eGift card dollar amount options were inaccessible, and the entire website presented navigation challenges for keyboard users, failing to meet WCAG 2.0 Level AA standards.

This legal action underscores the critical necessity for all online retailers, particularly those in the apparel and jewelry sector, to ensure their digital platforms are fully accessible to individuals with visual disabilities. Non-compliance with ADA Title III and WCAG guidelines exposes businesses to substantial legal risks, including potential lawsuits, demands for injunctive relief to remediate accessibility issues, and considerable attorney's fees and costs.

Case Q&A

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

The retailer is accused of product pricing not labeled for screen reader software, inaccessible shopping cart information (price, subtotal, order total), insufficient image descriptions for products, inaccessible contact information (phone and email), and inaccessible eGift card dollar options. The website also reportedly lacks an accessibility notice or policy and does not meet WCAG 2.0 Level A

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?

This case demonstrates the legal vulnerability of e-commerce businesses that fail to ensure their websites are accessible to disabled users. It signals potential litigation for companies whose digital platforms do not comply with ADA Title III and WCAG guidelines, leading to demands for injunctive relief and legal expenses.

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