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Avocado Mattress ADA Class Action Lawsuit Overview:
- Who: A legally blind woman has filed a class action lawsuit against Avocado Mattress.
- Why: The plaintiff says the company’s website is not accessible to those using a screen reader.
- Where: The lawsuit was filed in New York federal court.
A legally blind woman hit Avocado Mattress with a class action lawsuit alleging its website is not accessible to blind and visually impaired people using a screen reader.
Plaintiff Sylinia Jackson filed the class action lawsuit against bedding supplies company Avocado Mattress LLC on May 25 in a New York federal court, alleging violations of the Americans With Disabilities Act (ADA).
Jackson is a visually impaired and legally blind person who requires screen-reading software to read website content using her computer.
According to her lawsuit, Avocado Mattress failed to design, construct, maintain and operate its website to be fully accessible to and independently usable by herself and other blind or visually impaired people.
Because Avocado Mattress’ website, www.avocadogreenmattress.com, is not equally accessible to blind and visually-impaired consumers, it violates the ADA, Jackson says..
“Plaintiff seeks a permanent injunction to cause a change in Defendant’s corporate policies, practices and procedures so that Defendant’s website will become and remain accessible to blind and visually impaired consumers,” the class action lawsuit states.
Avocado Mattress Website Contains Multiple Access Barriers To Blind, Visually Impaired People, Class Action Claims
The last time Jackson tried to access the Avocado Mattress website in May 2022, she encountered multiple access barriers that denied her a shopping experience similar to that of a sighted person, she says.
For example, she encountered a lack of alt text, empty links that snagged the screen reader and numerous pages with the same title element.
“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 accessing the Website,” the Avocado Mattress class action states.
Jackson looks to represent anyone who is blind or has a visual impairment who has tried to access the Avocado Mattress website.
She also seeks an injunction requiring the company make its website accessible, certification of the class action, damages, fees, costs and a jury trial.
Last month, a consumer hit Choice Hotels with a class action lawsuit alleging it does not make its website accessible to the blind or visually impaired, further increasing stigma for people with visual disabilities.
What do you think of the allegations in this case? Let us know in the comments.
Jackson is represented by Michael A. LaBollita, Jeffrey M. Gottlieb and Dana L. Gottlieb of Gottlieb & Associates.
The Avocado Mattress ADA Class Action Lawsuit is Sylinia Jackson v. Avocado Mattress LLC, Case No. 1:22-cv-04320, in the U.S. District Court Southern District of New York.
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3 thoughts onAvocado Mattress Hit With Class Action Alleging Website Not Accessible To Blind, Visually Impaired
I don’t understand. I am a Jaws user and I just went to the site. It’s not perfect but I would hardly say it was not accessible. Granted, I did not go past the home page but what I did see seemed better than most sites I visit.
Gotta be tough to own a web site these days. Good for people with disabilities and a11y professionals. It’s a real art.
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