ADA Website Accessibility Lawsuit: an online footwear and apparel retailer
Plaintiff's Firm: RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A.
Case Summary
Oscar Herrera, represented by RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A., filed a federal lawsuit in the United States District Court Southern District of Florida on March 24, 2025, against an online footwear and apparel retailer. The complaint alleges violations of Title III of the Americans with Disabilities Act.
The complaint details numerous Web Content Accessibility Guidelines (WCAG) 2.1 Level A and AA failures. These include a lack of verbal notification for filter selections and sold-out size options, inaccessible home page links, unannounced and inaccessible submenus, and inaccessible quantity adjustment buttons. Further allegations describe keyboard traps in cart pop-ups, illogical tab focus order for product links and discount fields, unlabeled promo links, and unclearly labeled color options. Additionally, the lawsuit includes claims of trespass violations due to the automatic placement of cookies and tracking software on the plaintiff's computer without consent.
This legal action highlights the critical importance for e-commerce platforms and similar online retailers to ensure their digital presence is fully accessible to visually disabled individuals. The lawsuit underscores the necessity of robust WCAG compliance to mitigate significant legal and financial risks associated with ADA Title III litigation and potential privacy and trespass concerns.
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Case Q&A
What specific WCAG violations is this online footwear and apparel retailer accused of?
The retailer is accused of numerous WCAG 2.1 Level A and AA failures, including lack of verbal notification for filter selections and sold-out size options, inaccessible home page links, unannounced and inaccessible submenus, inaccessible quantity adjustment buttons, keyboard traps in cart pop-ups, illogical tab focus order for product links and discount fields, unlabeled promo links, and unclearly labeled color options.
Who filed this lawsuit, and which law firm?
Oscar Herrera filed this lawsuit. He is 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 risk for e-commerce platforms and online retailers that fail to ensure their websites are fully accessible to disabled users, potentially leading to ADA Title III lawsuits, demands for injunctive relief, compensatory damages, and attorney's fees, alongside claims of trespass for unauthorized data tracking.