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Dell Website Blind ADA Class Action Overview:
- Who: A legally blind man is suing Dell under the Americans With Disabilities Act (ADA).
- Why: The plaintiff says the company’s website is not accessible to those who use a screen reader.
- Where: The class action lawsuit was filed in New York federal court.
Dell denies blind and visually impaired people access to its services because its website is not accessible to those using a screen reader, a new class action lawsuit alleges.
Plaintiff Lamar Brown filed the class action lawsuit against Dell Technologies May 14 in a New York federal court alleging violations of the Americans With Disabilities Act (ADA).
Brown, who is legally blind, uses a screen reader to browse web pages on the internet, and says he would like to use the services that Dell provides.
“Yet Dell.com contains thousands of access barriers that make it difficult if not impossible for blind and visually impaired customers to use the website,” he claims in the class action lawsuit. “In fact, the access barriers make it impossible for blind and visually impaired users to even complete a transaction on the website.”
Dell Class Action Alleges Many Barriers to Website Access
In the class action lawsuit, Brown says he browsed Dell.com and intended to purchase a laptop. However, due to accessibility issues, he says he was not able to.
He claims the barriers to access include lack of alt-text on graphics, inaccessible drop-down menus, lack of navigation links, lack of adequate prompting and labeling and the requirement that transactions be performed solely with a mouse.
“The blind have an even greater need than the sighted to shop and conduct transactions online due to the challenges faced in mobility,” Brown says in the Dell class action lawsuit. “The lack of an accessible website means that blind people are excluded from experiencing and transacting with the website and from purchasing goods or services from Defendant’s website.”
Brown is looking to represent a nationwide class of legally blind people who tried to access Dell.com. He’s suing under the ADA and for violations of New York City human rights laws.
Brown seeks an injunction forcing Dell to make its website accessible with a screen reader plus fees, costs, damages and a jury trial.
Meanwhile, a 2021 class action lawsuit seeks to hold Dell Technologies responsible for allegedly falsely advertising a laptop targeted at gamers to boost sales.
What do you think of the allegations against Dell in this lawsuit? Let us know in the comments!
Brown is represented by Mars Khaimov of Mars Khaimov Law, PLLC.
The Dell Technologies Class Action Lawsuit is Lamar Brown v. Dell Technologies, Inc., Case No. 1:22-cv-03939, in the U.S. District Court Southern District of New York.
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5 thoughts onDell Class Action Alleges Website Not Accessible To Blind, Visually Impaired
I have experienced issues with using my screen reader on the Dell site. When can we join this class action suit?
I would also like to add that screen readers are not just used by people who have visual disabilities. The suit should include:
— people with brain injuries who may have an easier time with screen reading tech due to better aural comprehension vs. reading comprehension.
— people with neurological and other medical diagnoses that cause extreme exhaustion, chronic pain, etc. that make processing written information difficult. These people find it easier to listen and many use screen readers to help with web browsing.
— migraines and other types of extreme chronic pain that make looking at the screen painfully impossible and worsen other symptoms. Many of these people prefer screen readers to avoid triggering the onset of pain from light and stimuli on the screen and may prefer screen readers instead.
— other types of disabilities that might lead people to use screen readers.
Although I have had diagnosed diplopia since 1991 at age ten, I’ve also developed medical issues from both accidents and illness that fall into all of the above categories. I frequently use screen readers for all of my medical issues.
That being said, the suit should be inclusive of ANYONE with a documented illness/disability where it may be medically necessary to use a screen reader who has had difficulty using the various consumer websites. I hope the suit can be revised because it is an unfortunate assumption that people who have visual impairments are the only people who rely on this technology.
add.me
Add me. Im leagally blind
add me please
Add me