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Bella Luna website class action overview:
- Who: Jasmine Toro filed a class action lawsuit against Bella Luna Toys.
- Why: Toro claims the Bella Luna Toys website is inaccessible to those who are visually impaired or blind.
- Where: The Bella Luna Toys class action was filed in federal court in New York.
- What are my options: LOL Surprise offers toy alternatives to Bella Luna.
Bella Luna Toys failed to make its website accessible to those who are blind or visually impaired, according to a class action lawsuit.
The Bella Luna Toys class action was filed in United States District Court in the Southern District of New York stating that visually impaired and legally blind customers cannot properly access the website, a violation of the Americans with Disabilities Act.
Plaintiff Jasmine Toro claims she attempted to use the Bella Luna Toys website to purchase a wooden climbing frame as a gift for a friend’s child on May 4 but was unable to make the purchase due to the website’s inaccessibility.
“Defendant is denying blind and visually impaired persons throughout the United States with equal access to the goods and services Bella Luna Toys provides to their non-disabled customers,” the Bella Luna class action lawsuit claims.
Toro seeks $500 in damages per incident in New York and also injunctive relief, attorney’s fees, compensatory damages and both a preliminary and permanent injunction.
Website lacks alt text, accessible forms, Bella Luna class action claims
The Bella Luna website should use alt text, accessible forms, descriptive links and resizable text and limit the usage of tables and JavaScript to be accessible to those who are blind and visually impaired, according to the lawsuit. It claims the website violates the Americans with Disabilities Act, New York Human Rights Law and New York Civil Rights Law.
In other ADA news, Farmhouse Pottery also faces a class action lawsuit claiming that its website is unusable for those who are blind or visually impaired.
Have you had difficulty using a company’s website due to a disability? Let us know in the comments.
Toro is represented by Mars Khaimov of Mars Khaimov Law PLLC. MARS KHAIMOV LAW.
The Bella Luna website class action is Toro v. Bella Luna Toys, Case No. 1:23-cv-03894-KPF, in the United States District Court, Southern District of New York.
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