Bananagrams class action alleges website inaccessible to blind, visually impaired consumers

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Bananagrams class action lawsuit overview:

• Who: Plaintiff Lamar Brown has filed a class action lawsuit against Bananagrams Inc.
• Why: He alleges the Bananagrams website is not accessible to blind and visually-impaired consumers.
• Where: The Bananagrams class action lawsuit was filed in New York federal court.

Bananagrams Inc. faces a class action lawsuit alleging its website is not accessible to blind and visually impaired individuals, a violation of the Americans with Disabilities Act (ADA).

Plaintiff Lamar Brown is legally blind and requires screen-reading software to access website content on his computer, according to the class action lawsuit. He says he intended to purchase the classic version of the Bananagrams game from Bananagrams.com.

Bananagrams website design makes it impossible for visually impaired to complete transactions, plaintiff says

Brown says the Bananagrams website design made it difficult to select his desired game set because many elements were not accessible from the keyboard and there were multiple links on the pages that did not direct him to check out.

“In fact, the access barriers make it impossible for blind and visually-impaired users to even complete a transaction on the website,” the class action lawsuit says.

“Thus, Bananagrams excludes the blind and visually-impaired from the full and equal participation in the growing Internet economy that is increasingly a fundamental part of the common marketplace and daily living.”

Blind and visually impaired people have a greater need than those without visual impairment to use websites to shop and make transactions online, Brown explains. 

Bananagrams class action seeks injunction to make permanent changes to improve website accessibility

There is readily-available technology to make websites accessible to the visually impaired, such as the use of alternative text, accessible forms, resizable texts and other features, according to the class action lawsuit. 

However, the Bananagrams website allegedly utilizes an exclusively visual interface. As a result, visually-impaired users allegedly must rely on the assistance of sighted individuals to help them use the site.

Until Bananagrams makes changes to make its website accessible to blind and visually-impaired people, Brown says the company will continue to violate the ADA.

The Bananagrams class action lawsuit seeks a permanent injunction requiring changes that will make the Bananagrams website accessible to blind and visually impaired consumers. Brown is also seeking compensatory damages on behalf of the proposed class.

The Bananagrams class action lawsuit is just one of the latest to be filed over website accessibility. Whole Foods, HelloFresh, Dell, and Mrs. Fields have recently been hit with class action lawsuits alleging their websites violate the ADA because they are not accessible to blind and visually-impaired people.

What do you think about this Bananagrams class action lawsuit? Join the discussion in the comments!

Brown is represented by Mars Khaimov of Mars Khaimov Law PLLC.

The Bananagrams website class action lawsuit is Lamar Brown, et al. v. Bananagrams Inc., Case No. 1:22-cv-10112, in the U.S. District Court for the Southern District of New York.

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