Evenflo Joins Growing List of Companies With Class Action Complaints for Websites Lacking Access for Visually Impaired

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Evenflo Website ADA Class Action Lawsuit Overview: 

• Who: Arturo Estevez has filed a class action lawsuit against Evenflo. 
• Why: The plaintiff alleges Evenflo’s website is not accessible to blind or visually impaired people.
• Where: The class action lawsuit was filed in New York federal court.

Evenflo Company, Inc., failed to design, construct, maintain and operate its website to be fully accessible to and usable by the plaintiff and other blind or visually impaired people who use screen-reading software, a new class action lawsuit alleges. 

Lead Plaintiff Arturo Estevez, who is a blind, visually impaired, handicapped person, claims that in August 2021, he browsed and attempted to transact business on the defendant’s website, www.evenflo.com. The main reason the plaintiff visited the website was to purchase products, goods and/or services. The website sells/offers different styles of strollers and car seats.

“The Internet has become a significant source of information, a portal and a tool for conducting business, doing everyday activities such as shopping, learning, banking, researching, as well as many other activities for sighted, blind and visually impaired persons alike,” the lawsuit states. “In today’s tech-savvy world, blind and visually impaired people have the ability to access websites using keyboards in conjunction with screen access software that vocalizes the visual information found on a computer screen.” 

For screen-reading software to function, however, the information on a website must be capable of being rendered into text. If it is not, the blind or visually impaired user is unable to access the same content available to sighted users. 

In this case, the website’s screen reader fails to read advertisement pop-up links, the website’s banner in the correct order or the “color” links listed for a product. It also skips over certain text on the page, abruptly stops functioning in the middle of a sentence or speech and fails to describe the images.

“The accessibility issues plaintiff experienced are still found on defendant’s website as of the date of the filing of this complaint,” the lawsuit states. “Plaintiff still intends to purchase certain goods and/or services from defendant’s website in the future but currently cannot.”

The defendant has knowledge of these access barriers; therefore, Estevez alleges Evenflo has engaged in acts of intentional discrimination.

“It is defendant’s policy and practice to deny plaintiff and the class access to its website and to specifically deny the goods and services offered to the general public,” the lawsuit states. “Due to defendant’s failure and refusal to remove access barriers to its website, plaintiff and the class have been—and currently are—denied equal access to the website and the goods and/or services offered thereon.” 

Evenflo and its website violate Title III of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101 et seq., and the New York City Human Rights Law (“NYCHRL”), N.Y.C. Administrative Code §§ 8-101 et seq., as the website is not equally accessible to blind and visually impaired consumers.

“The access barriers plaintiff encountered have caused a denial of plaintiff’s full and equal access in the past and now deter plaintiff on a regular basis from visiting the website, presently and in the future,” the lawsuit states. “These access barriers have deterred plaintiff from learning about the various products sold to sighted individuals because plaintiff was unable to determine and or purchase items from its website, among other things. If the website were equally accessible to all, plaintiff and the class could independently navigate the website and complete a desired transaction as sighted individuals do.” 

L’Oreal, Bic, American Eagle, Vitamin Shoppe, and Sally’s Beauty Among Growing List of Companies With Class Action Complaints That Their Websites Are Not ADA Accessible

This is not the first class action Estevez has filed regarding access barriers for the visually impaired. In fact, to date there are over 80 similar class action lawsuits have been filed since the end of October.

In November, Esteez filed similar class actions against Yogaforce, LLC; Tea Living, Inc.; Moonbug Entertainment USA Inc.; Bic USA Inc; and L’Oreal USA, Inc. In October, he filed similar class actions against Hungry Pet Nutrition, LLC; Ammo, Inc.; Kleen Kanteen, Inc.; Joe Brands, LLC; and Bluehost Inc.

There have also been several recent lawsuits filed by others against major companies for denying access to blind and visually impaired individuals. These include Vitamin Shoppe, Sally’s Beauty Supply, American Eagle and Gold’s Gym. 

The plaintiff brings the class action on behalf of himself and other class members and seeks preliminary and permanent injunction, other declaratory relief, statutory damages, actual and punitive damages, pre- and post-judgment interest and reasonable attorneys’ fees and expenses. 

He also requests that Evenflo retain a qualified consultant acceptable to the plaintiff to assist the defendant to comply with web accessibility guidelines for its website. This includes training for employees and agents, regular accessibility tests and checks and development of an accessibility policy with contact information for users to report accessibility-related problems.

Are you a blind or visually impaired consumer who has been unable to access the Evenflo website? Let us know in the comments! 

The plaintiff is represented by Jarrett S. Charo of Mizrahi Kroub LLP.  

The Evenflo Website Class Action Lawsuit is Estevez v. Evenflo Company, Inc., Case No. 1:21-cv-09053, in the U.S. District Court for the Southern District of New York.

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