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Close up of a laptop screen displaying lines of code for web building/design - ADA, website, blind, accessibility
(Photo Credit: Negative Space/Pexels.com)

Blind, visually impaired website accessibility ADA class action lawsuits overview: 

  • Who: Consumers filed a number of class action lawsuits recently against companies including Electronic Arts, Russell Stover, HSN, Etsy, Dark Horse and others. 
  • Why: The class action lawsuits revolve around claims the companies violate the Americans with Disabilities Act by failing to make their websites fully accessible to blind and visually impaired individuals. 
  • Where: Consumers have filed class action lawsuits nationwide. 

Blind and visually impaired consumers have hit companies with class action lawsuits alleging they failed to make their website fully accessible to them.

The consumers brought a number of claims against businesses over the past several months that revolve around the Americans with Disabilities Act (ADA) and state-specific consumer protection laws. 

Pernod Ricard, Ole Smoky, Etsy, HSN, Electronic Arts accused of violating ADA with website design

A consumer filed a class action lawsuit against Pernod Ricard USA earlier this month over claims the company fails to make its website fully accessible to blind and visually impaired individuals. 

The consumer accuses Pernod Ricard of not making its website fully compatible with screen-reading software used by blind and visually impaired individuals. 

The consumer behind the class action lawsuit claims there are multiple access barriers on Pernod Ricard’s website, including that it requires the use of a cursor to close out a cookies pop-up. 

Also this month, a consumer filed a class action lawsuit against Ole Smoky Distillery claiming the company’s website is not fully accessible to blind or visually impaired individuals. 

The consumer alleges Ole Smoky denies blind and visually impaired consumers the “equal enjoyment of goods and/or services” offered on its website. 

The consumer behind the complaint claims Ole Smoky is in violation of the ADA and New York City Human Rights Law

Last month, a consumer filed a class action lawsuit against Etsy over claims the e-commerce company’s website is not fully accessible to blind and visually impaired individuals. 

The consumer alleges Etsy lacks accessibility measures for blind and visually impaired individuals who use screen reading software to access the internet

The consumer who filed the class action lawsuit claims blind and visually impaired customers are “essentially prevented from purchasing any items on Etsy.com.” 

A consumer lobbied a similar complaint at HSN over claims it violated the ADA by failing to make its website fully accessible to blind and visually impaired individuals. 

The consumer accused HSN of having multiple access barriers on its website for the blind and visually impaired, including multiple broken links and vague headings, among other things. 

In addition to alleging HSN violated the ADA, the consumer behind the complaint claims the company is in violation of New York City Human Rights Law. 

Also in May, a consumer hit Electronic Arts with a class action lawsuit alleging the video game company fails to make its website fully accessible for the blind and visually impaired. 

The consumer behind the complaint claims Electronic Arts’ website is not independently usable for blind and visually impaired individuals due to compatibility issues with screen-reading software. 

The consumer alleges Electronic Arts refuses to remove the alleged access barriers from its website, thereby denying equal access to blind and visually impaired consumers. 

Four Seasons, Colgate University, Dark Horse, Avocado Mattress, Russell Stover accused of accessibility issues

A consumer filed a class action lawsuit against Four Seasons last month over claims the company violates the ADA with the construction of its website. 

The consumer alleges Four Seasons fails to make its website fully accessible to blind and visually impaired individuals who use screen-reading software to access the internet. 

The consumer behind the complaint claims access barriers on Four Seasons’ website include a lack of alt-text and empty and redundant links

Meanwhile, a consumer filed a class action against Colgate University, alleging it failed to make its website fully accessible to blind and visually impaired individuals. 

The consumer behind the class action lawsuit claims Colgate University is in violation of both the ADA and The Rehabilitation Act of 1973

Further, the class action claims Colgate University increases “the sense of isolation and stigma” against blind and visually impaired individuals by not making its website equally accessible to them. 

Also in May, a consumer claimed Dark Horse Comics violates the ADA by not making its website fully accessible to blind and visually impaired individuals. 

The consumer alleges Dark Horse Comics’ website has multiple access barriers that prevent blind and visually impaired individuals from accessing it with screen-reading software. 

The consumer behind the class action lawsuit claims the access barriers remain on Dark Horse’s website to this day. 

Avocado Mattress also faced a class action lawsuit last month alleging the company’s website is not fully accessible to blind and visually impaired individuals. 

A consumer alleges Avocado has multiple access barriers to screen-reading software on its website.

The consumer who filed the accessibility class action lawsuit claims these barriers include empty links, a lack of alt-text and a number of pages which contain the same title element

Meanwhile, a consumer alleges Russell Stover fails to design its website to be fully accessible to blind and visually impaired individuals. 

The consumer behind the class action lawsuit claims Russell Stover denies blind and visually impaired individuals “full and equal access” to its website

Have you been denied equal accessibility to a website because of a disability? Let us know in the comments. 


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7 thoughts onAccessibility class actions allege many major websites violate Americans with Disabilities Act

  1. Marsha Tyszler says:

    I also have experienced issues with using my screen reader on many consumer sites. When can we join this class action suit?

    I would also like to add that screen readers are not just used by people who have visual disabilities. The suit should include:

    — people with brain injuries who may have an easier time with screen reading tech due to better aural comprehension vs. reading comprehension.

    — people with neurological and other medical diagnoses that cause extreme exhaustion, chronic pain, etc. that make processing written information difficult. These people find it easier to listen and many use screen readers to help with web browsing.

    — migraines and other types of extreme chronic pain that make looking at the screen painfully impossible and worsen other symptoms. Many of these people prefer screen readers to avoid triggering the onset of pain from light and stimuli on the screen and may prefer screen readers instead.

    — other types of disabilities that might lead people to use screen readers.

    Although I have had diagnosed diplopia since 1991 at age ten, I’ve also developed medical issues from both accidents and illness that fall into all of the above categories. I frequently use screen readers for all of my medical issues. That being said, the suit should be inclusive of ANYONE with a documented illness/disability where it may be medically necessary to use a screen reader who has had difficulty using various websites. I hope the suit can be revised because it is an unfortunate assumption that people who have visual impairments are the only people who rely on this technology.

  2. Aliza Peace says:

    I have had issues with several sites that have caused problems for myself and I know there’s millions of people who are having the same problems as well!

  3. Heather says:

    Add me

  4. MPS says:

    Please add me

  5. Michael Cottle says:

    Yes, please add me

  6. Sonya Verdell says:

    Add me please

  7. Sandra Sulton says:

    Please add me thank you.

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