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BIC USA Website ADA Class Action Lawsuit Overview:
- Who: Manufacturing company BIC is being sued by a legally-blind New Yorker.
- Why: The plaintiff says BIC runs a website that is not accessible to visually-impaired and blind people using screen readers, in violation of the law.
- Where: The plaintiff is seeking to represent a nationwide Class.
Billion-dollar manufacturer BIC—known for its pens and razors—has been slapped with a class action lawsuit alleging it denies blind and visually-impaired people access to its website.
Lead plaintiff Arturo Estevez filed the class action complaint against BIC USA, Inc Nov. 2 in a New York federal court, alleging violations of the Americans With Disabilities Act and New York City Human Rights Law.
In it, Estevez—who is legally blind—says the company has failed to make its website fully accessible to him and other blind or visually-impaired people who use screen-reading software.
Estevez says, in August, he browsed and attempted to buy some pens and coloring tools on BIC’s website.
However, he could not do so because BIC’s website is not compatible with screen reading technology. Estevez says that during his visit to the BIC website, his screen reader was skipped over certain text on the page, making it impossible to find the links on promotional images and to read links or images, along with other issues.
“The accessibility issues Plaintiff experienced are still found on Defendant’s website as of the date of the filing of this complaint,” the lawsuit stated on Nov. 2.
“Plaintiff still intends to purchase certain goods and/or services from Defendant’s website in the future, but currently cannot.”
BIC Denies ‘Equal Access’ to Website, Alleges Class Action Lawsuit
The accessibility issues deny him and other visually-impaired people “full and equal access” to the BIC’s products and services, Estevez states.
He’s looking to represent all other visually-impaired individuals in the United States who have attempted to access BIC’s website and haven’t been able to during the past three years.
Estevez is seeking damages, interest, fees, costs and a jury trial. He’s also seeking an injunction forcing BIC to make its website accessible to visually impaired and blind people using screen readers.
This is just one lawsuit in a nationwide legal push to make websites more accessible to blind and visually-impaired people, in line with the law.
In late October, a class action lawsuit was filed alleging Vitamin Shoppe effectively bars those with visual impairments from buying the health products sold by the company online due to its inaccessible website.
Earlier that same month, a similar class action lawsuit was filed against American Eagle, alleging its website is not fully and equally accessible to and independently usable by blind or visually impaired people.
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The plaintiff is represented by Jarrett S. Charo of Mizrahi Kroub, LLP.
The BIC USA ADA Class Action Lawsuit is Arturo Estevez, et al., v. BIC USA Inc., Case No. 1:21-cv-09011 in the U.S. District Court Southern District of New York.
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