Brookstone class action alleges website inaccessible to blind, visually impaired

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Brookstone class action overview: 

• Who: A legally blind woman is suing Brookstone Company, Inc.
• Why: She says the company’s website is not accessible to people using a screen reader
• Where: New York federal court

A legally blind woman who uses a screen reader to browse the internet is suing Brookstone Company, alleging its website is not accessible to blind people using screen readers.

Plaintiff Victoria Dicks filed the class action lawsuit against Brookstone Company, Inc., July 21 in a New York federal court, alleging violations of the Americans With Disabilities Act.

According to the lawsuit, Brookstone Company failed to design and operate its website to be fully accessible to and usable by Dicks and other blind or visually-impaired people. 

“Defendant is denying blind and visually impaired persons throughout the United States with equal access to the goods and services Brookstone Company provides to their non-disabled customers through www.brookstone.com,” the lawsuit states. 

Plaintiff could not buy air purifier

Dicks says that Brookstone.com contains significant access barriers that make it difficult if not impossible for blind and visually-impaired customers to use the website, she says.

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

In her case, Dicks said she tried to buy an air purifier from the retailer’s website, but could not, due to the various access barriers that she details in the lawsuit. 

She’s looking to represent all legally blind people in the United States who tried to use the Brookstone website, and were unable to.

She’s seeking certification of the class action, an injunction forcing the company to make its website accessible, damages, fees, costs and a jury trial. 

Consumers have filed a number of ADA class action lawsuits recently against companies including Electronic Arts, Russell Stover, HSN, Etsy, Dark Horse and others. Complaints have also been recently filed recently against food companies such as Whole Foods, HelloFresh, Dell and Mrs. Fields, claiming ADA violations

Meanwhile, Brookstone was hit with a similar class action lawsuit in 2017 alleging its website is not accessible to blind customers, in violation of the ADA. 

What do you think of the allegations in this case? Let us know in the comments! 

The plaintiff is represented by Mars Khaimov of Mars Khaimov Law, PLLC. 

The Brookstone Company ADA class action lawsuit is Victoria Dicks v. Brookstone Company, Inc., Case No. 1:22-cv-06188 in the U.S. District Court Southern District of New York. 

Read About More Class Action Lawsuits & Class Action Settlements:

• Delmonico’s lawsuit alleges website inaccessible to blind, visually impaired
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