Overview of ADA Class Actions for Web Accessibility for the Blind and Visually Impaired:
- Who: A number of complaints alleging violations of the Americans with Disabilities Act have been filed recently against companies such as Whole Foods, HelloFresh, Dell and Mrs. Fields, among others.
- Why: Consumers claim that companies have not designed their websites to make them fully accessible to blind and visually impaired people.
- Where: Class action lawsuits alleging violations of the ADA have been filed across the country.
A number of class action lawsuits have recently been filed by blind and visually impaired people alleging that companies have failed to design their websites to ensure full accessibility.
Complaints revolve around Americans with Disabilities Act (ADA) and sometimes state-specific consumer protection laws.
Screen readers incompatible with sites
This month a blind man in New York claimed Ms. Fields Famous Brands failed to design their website in a way that would grant it full accessibility.
The consumer argued that Ms. Fields had not created her website to work fully with screen-reading software designed to help blind and visually impaired people access the Internet.
A similar class action lawsuit was filed against HelloFresh just days ago over allegations that the company violated the ADA by not making its website fully accessible to people who are blind or visually impaired.
The plaintiff in this class action claims that he was denied equal access to goods and services provided by HelloFresh due to its inability to make its website compatible with screen reading software.
Also in May, a legally blind woman filed a class action lawsuit against PNC, claiming the company’s website was not fully accessible to her.
The woman behind the complaint is apply for a permanent injunction causing PNC to change its policies so that its website is accessible to the blind and visually impaired.
Uncommon Goods also faced a class action lawsuit this month alleging the company failed to make its website fully accessible to blind and visually impaired people.
The blind person complaining claims that his screen reader is unable to accurately describe images or read all the text on the website, among others.
This class action follows a complaint filed against Whole Foods by a potential customer claiming that he was denied equal access to the company’s website.
The consumer behind the complaint claims that Whole Foods “effectively banned” him from using the website because it did not design it to be compatible with screen-reading software.
Also this month, a class action lawsuit was filed against Dell over allegations that the company violated the ADA by not creating its website. compatible with screen reading software used by the blind and visually impaired.
The man behind the complaint says Dell’s website had multiple barriers to access, including lack of alt text and navigation links, among others.
Consumers Face Several Barriers to ADA Accessibility on Some Websites
Marriott was also accused this month of failing to make its website fully accessible to people who are blind or visually impaired.
The consumer who filed the class action claims that Marriott designed its website to have an all-visual interface, requiring blind and visually impaired people to rely on a sighted person to help him navigate it.
Talbots, meanwhile, faced a class action lawsuit this month, claiming the company violated the ADA and discriminated against blind and visually impaired people with its website design.
The complaining consumer claims that the website has multiple access barriers for the blind and visually impaired, including broken ties.
Last month, a legally blind man filed a class action lawsuit against Yankee Candle for claiming its website was not designed to make it equally accessible to blind and visually impaired people.
Man claims he was denied access to goods and services offered by Yankee Candle on its website due to “thousands” of obstacles.
Also in April, Synchrony faced allegations of ADA violation by not designing its website to be accessible to people who are blind.
The woman complaining, who is blind, argued that pandemic makes it especially important for people with disabilities to be able to access websites.
Earlier that month, Choice Hotels was accused of violating the ADA by not making its website accessible to blind people.
Man behind complaint, who is legally blind, argues Choice Hotels’ inability to make its website accessible to blind people increases the stigma of people with visual impairment.
Procter & Gamble, meanwhile, faced allegations in February that the company’s website was not fully accessible blind and visually impaired people.
The complaint alleges that P&G’s website does not work properly with screen reader software and is a violation of both the ADA and New York City Human Rights Act.
In December, Barstool Sports was accused of failing to design its website in such a way as to allow blind and partially sighted people to have equal access to it.
The class action claims that the design of the Barstool Sports website, in addition to violating the ADA, did not meet international web accessibility guidelines.
Earlier that month, Johnson & Johnson faced claims that its website was not designed to be fully accessible and independently used by blind and visually impaired people.
Legally blind woman behind complaint argues company denied him access to the “equal enjoyment of goods and/or services” listed on the J&J website.
FanDuel, meanwhile, was the target of a class action lawsuit filed in November 2021 that alleged the company violated the ADA by failing to ensure its website was fully accessible to the blind and visually impaired.
The complaining consumer claimed that the FanDuel website was not fully compatible with its Microsoft-branded JAWS screen reader software.
Have you been denied equal access to a website due to a disability? Let us know in the comments.
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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a source of legal information that reports on class action lawsuits, class action settlements, drug-related injury lawsuits, and product liability lawsuits. Top Class Actions does not handle claims and we cannot advise you on the status of a class action settlement claim. You should contact the Settlement Administrator or your attorney for any updates regarding the status of your claim, the Claim Form, or questions about when payments should be mailed.