Kohl’s Denies Access for Blind, Visually Impaired Consumers, Class Action Alleges

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Kohl’s Website ADA Class Action Lawsuit Overview: 

• Who: Kohl’s is facing a class action lawsuit for its website.
• What: The lead Plaintiff alleges the company violates the ADA by making the site inaccessible to visually impaired people.
• Where: The lawsuit is nationwide.

Blind and visually impaired consumers are blocked from shopping on Kohl’s website, due to the company’s failure to ensure full and equal access to its platform, a new class action lawsuit alleges.

The lawsuit was filed in California this week by lead plaintiff Roger Acuna. Acuna, who is visually impaired and legally blind, alleges that Kohl’s has failed to design, construct, maintain, and operate its website to be fully accessible to and independently usable for blind or visually-impaired persons – violating those people’s civil rights.

Acuna alleges that Kohl’s denial of full and equal access to its website, and therefore denial of its products and services offered, is a violation of his and other’s rights under the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act (UCRA).

Barriers Make Kohl’s Website Impossible To Use

Acuna alleges that it is Kohl’s policy and practice to deny blind or visually-impaired users access to its website, and to therefore specifically deny the goods and services that are offered and integrated with its stores.

The plaintiff says that he and other blind consumers are unable to access products on the Kohl’s website.

Indeed, Acuna says in the lawsuit that during his numerous visits to the website, he has encountered multiple access barriers which denied him full and equal access to the goods available to others who do not live with a disability.

“Due to the widespread access barriers Plaintiff and Class Members encountered on Defendant’s website, Plaintiff and Class Members have been deterred, on a regular basis, from accessing Defendant’s website.”

Acuna wants to represent all legally blind people in the United States who have attempted to use Kohl’s website. He is suing for violations of the ADA and California’s Unruh Civil Rights Act.

Kohl’s is not the only product blind consumers have had trouble accessing on the internet. Earlier this month, Pedro Martinez sued Duke’s Mayo on behalf of all legally blind people in the United States who have attempted to use the company’s website, alleging that the site violates the ADA and New York State Human Rights Law.

Have you ever faced access barriers to a store you wanted to shop at? Tell us your experience in the comments section!

Martinez is represented by Thiago M. Coelho, Jasmine Behroozan and Binyamin I. Manoucheri of Wilshire Law Firm.

The Kohl’s Website ADA Class Action Lawsuit is Acuna v. Kohl’s, Inc., Case No. 13:21-cv-07070  in the U.S. District Court for the Northern District Of California

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