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Dungarees website accessibility class action overview: 

  • Who: A legally blind man sued Dungarees Inc. 
  • Why: The man says the company does not make its website accessible to legally blind people using a screen reader.
  • Where: The lawsuit was filed in New York federal court.

Retailer Dungarees does not maintain a website that is accessible to blind and visually impaired people using a screen reader, meaning the company is in violation of federal law, a new class action lawsuit alleges. 

Plaintiff Christopher Loadholt filed the class action lawsuit against Dungarees Inc. on June 6 in a New York federal court, alleging violations of the Americans With Disabilities Act (ADA).

Loadholt is visually impaired and legally blind. According to the complaint, when Loadholt visited www.dungarees.com, he quickly became aware of the company’s failure to maintain and operate its website in a way to make it fully accessible for himself and for other blind or visually impaired people.

Dungarees class action alleges website contains multiple barriers to access

Loadholt says the site contains multiple barriers to people who use a screen reader to navigate the internet. 

“For example, many features on the Website fail to accurately describe the contents of graphical images, fail to properly label title, fail to distinguish one page from another, contain multiple broken links, contain headings that do not describe the topic or purpose and the keyboard user interfaces lack a mode of operation where the keyboard focus indicator is visible,” the class action states.

Loadholt looks to represent any legally blind person in the United States who tried to use the website. He seeks an injunction forcing the company to bring its website into compliance with the law, as well as damages, interest, fees, costs and a jury trial. 

Last month, a consumer hit Electronic Arts with a class action lawsuit alleging it fails to design and maintain its website so it can be fully accessible for blind and visually impaired individuals.

This is one of a number of class action lawsuits recently filed by blind and visually impaired individuals alleging companies failed to make their websites in such a way as to grant full accessibility. Click here to read about more cases.

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

The plaintiff is represented by Yitzchak Zelman of Marcus & Zelman LLC.

The Dungarees website accessibility ADA class action lawsuit is Christopher Loadholt v. Dungarees Inc., Case No. 1:22-cv-04699, in the U.S. District Court Southern District of New York.


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