Bath & Body Works class action alleges website not fully accessible to blind, low-vision visitors

Bath & Body Works website class action lawsuit overview: 

• Who: Clarence and Tammy Frost filed a class action lawsuit against Bath & Body Works Inc. 
• Why: Clarence and Tammy Frost claim Bath & Body Works failed to make its website fully and equally accessible to individuals who are blind or have low vision. 
• Where: The class action lawsuit was filed in Minnesota federal court. 

The website for Bath & Body Works is not fully and equally accessible to individuals who are blind or have low vision, as required by law, a new class action lawsuit alleges. 

Plaintiffs Clarence and Tammy Frost’s class action lawsuit argues Bath & Body Works’ website contains barriers preventing individuals who are blind or who have low vision with full and equal access to its online goods, content and services. 

“Plaintiffs found defendant’s website has a number of digital barriers that deny screen-reader users like plaintiffs full and equal access to important website content – content defendant makes available to its sighted website users,” the Bath & Body Works class action says. 

Clarence and Tammy Frost want to represent a nationwide class of individuals who are blind or have a low vision disability within the meaning of the Americans with Disabilities Act who use screen reader auxiliary aids to navigate digital content and who have or may try to access the Bath & Body Works website. 

Bath & Body Works website fails to alert screen readers to pop-up content, class action says

Clarence and Tammy Frost argue the website for Bath & Body Works contains barriers such as insufficient screen-reader accessible text for important non-text images and fails to alert screen readers to pop-up window content. 

“As a result, pop-up content defendant deems sufficiently important to convey to its sighted website visitors is completely unavailable to screen reader users,” the Bath & Body Works class action says. 

Clarence and Tammy Frost claim Bath & Body Works is guilty of violating the ADA and the Minnesota Human Rights Act. The plaintiffs demand a jury trial and request declaratory and injunctive relief and an award of actual, statutory, nominal and other damages for themselves and all class members. 

Bath & Body Works — along with Victoria’s Secret — recently agreed to settle a separate class action lawsuit claiming the companies issued receipts that divulged too much payment card information. 

Have you been denied equal access to Bath & Body Works online website? Let us know in the comments.

The plaintiffs are represented by Patrick W. Michenfelder, Chad A. Throndset and Jason Gustafson of Throndset Michenfelder, LLC. 

The Bath & Body Works class action lawsuit is Frost, et al. v. Bath & Body Works, Inc., Case No. 0:24-cv-03820, in the U.S. District Court for the District of Minnesota.

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