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ADA Website Accessibility Lawsuit: a retail company operating a website

Case # · District Court, S.D. Florida · Filed March 19, 2025

Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A.

WCAG 2.1 Level A/AAKeyboard Navigation BarriersScreen Reader IncompatibilityIllogical Focus OrderMissing Accessible Names

Case Summary

Plaintiff OSCAR HERRERA, represented by RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A., initiated an ADA Title III website accessibility lawsuit against an online retailer of clothing and home goods in the United States District Court for the Southern District of Florida on March 19, 2025.

The complaint alleges the e-commerce website contains multiple WCAG violations, including inaccessible date pickers (WCAG 2.1 Level A Guideline 2.1.1 - Keyboard), keyboard traps on image galleries (WCAG 2.1 Level A Guideline 2.1.2 - No Keyboard Trap), illogical focus order for elements like the "Shopping Cart" link and "Reviews" link (WCAG 2.1 Level A Guideline 2.4.3 - Focus Order), and unlabeled clickable Instagram images on the homepage (WCAG 2.1 Level A Guideline 4.1.2 - Name, Role, Value).

This action underscores the continuous legal risk for businesses whose websites do not provide full and equal access to visually disabled individuals. Such non-compliance may lead to demands for injunctive relief, mandated policy and procedure changes, and the recovery of attorney's fees and litigation expenses for similar businesses.

Case Q&A

What specific WCAG violations is this retail company accused of?

The retail company is accused of inaccessible date pickers, keyboard traps on image galleries, illogical focus order for cart and review links, and unlabeled clickable Instagram images, violating WCAG 2.1 Level A and AA guidelines.

Who filed this lawsuit, and which law firm?

OSCAR HERRERA 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 underscores the legal exposure for businesses with websites that are not fully accessible to disabled users, potentially leading to lawsuits demanding website remediation, policy implementations, and significant legal expenses.

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