ADA Website Accessibility Lawsuit: an apparel retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Plaintiff OSCAR HERRERA, represented by RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A., filed a lawsuit on January 22, 2025, in the United States District Court Southern District of Florida against an apparel retailer. The complaint asserts claims under Title III of the Americans with Disabilities Act (ADA) and a common law tort claim for trespass related to website usage.
The lawsuit alleges numerous Web Content Accessibility Guidelines (WCAG) 2.1 Level A and AA violations. These include a lack of verbal notifications for quantity adjustments (Guideline 1.3.1), focus order issues preventing navigation out of regions and rendering links inaccessible (Guideline 2.4.3), unexpected automatic expansion of submenus when elements receive focus (Guideline 3.2.1), unlabeled gift card design options preventing understanding of their purpose (Guideline 4.1.2), and the use of images of text, such as size charts, that screen reader software cannot read (Guideline 1.4.5).
This legal action highlights significant accessibility compliance risks for similar e-commerce businesses that also operate physical stores. Failure to ensure websites are fully accessible to individuals with visual disabilities, particularly when connected to brick-and-mortar operations, can lead to federal lawsuits seeking injunctive relief to mandate website modifications, establishment of accessibility policies, and potentially compensatory damages for discrimination and tort claims like trespass due to non-consensual data tracking.
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Case Q&A
What specific WCAG violations is this apparel retailer accused of?
The apparel retailer is accused of WCAG violations including a lack of verbal notification for quantity adjustments, focus order issues in navigation and dialog boxes, inaccessible "Find Nearby Store" links, automatic expansion of menus on focus, unlabeled gift card design options, and using images of text that are unreadable by screen readers.
Who filed this lawsuit, and which law firm?
This lawsuit was filed by OSCAR HERRERA and is represented by RODERICK V. HANNAH, ES
, P.
and LAW OFFICE OF PELAYO DURAN, P.
What legal risk does this create?
This lawsuit creates a legal risk for e-commerce websites connected to physical stores that fail to provide full accessibility to visually disabled users. It underscores the potential for litigation under ADA Title III, leading to demands for injunctive relief, policy changes, and financial redress for inaccessibility barriers and alleged data trespass.