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FanDuel ADA Website Accessibility Class Action Lawsuit Overview:
- Who: Juan Ortega filed a class action lawsuit against FanDuel Inc.
- Why: Ortega claims FanDuel fails to make its website fully accessible to legally blind and visually impaired individuals.
- Where: The class action lawsuit was filed in New York federal court.
FanDuel fails to make its website fully accessible to legally blind and visually impaired individuals, a new class action lawsuit alleges.
Plaintiff Juan Ortega claims FanDuel’s website is not compliant with standards set by the Americans with Disabilities Act of 1990 (ADA).
Ortega wants to represent a nationwide class and New York subclass of legally blind individuals who attempted to access FanDuel’s website but were denied the “equal enjoyment of goods and services.”
Ortega says he uses a Microsoft brand JAWS screen-reader to browse content on the internet; however, FanDuel’s website presented multiple “access barriers,” including containing text that was not appropriately set up so certain words would not be skipped over.
“The access barriers Plaintiff encountered have caused a denial of Plaintiff’s full and equal access in the past, and now deter Plaintiff on a regular basis from visiting the Website, presently and in the future,” states the class action lawsuit.
FanDuel Lacks Plan, Policy to Correct Access Barriers, Class Action Lawsuit Alleges
Ortega claims that, due to the way FanDuel has its website set up, he is not able to independently navigate it or complete transactions in the same way a fully sighted person can.
Further, FanDuel has failed to take any action to correct the access barriers presented toward legally blind individuals, the class action lawsuit alleges.
“Defendant lacks a plan and policy reasonably calculated to make them fully and equally accessible to, and independently usable by, blind and other visually-impaired consumers,” states the class action lawsuit.
Ortega claims FanDuel is in violation of the ADA and New York City Human Rights Law. He is demanding a jury trial and seeking declaratory relief and compensatory damages for himself and all class members.
A similar class action lawsuit was filed earlier this month against the Utah Jazz Team Store by a blind consumer who alleges he was not granted equal access to its website.
Are you a legally blind or visually impaired individual who has been denied full access to FanDuel’s website? Let us know in the comments!
The plaintiff is represented by Jonathan P. Rubin of the Law Office of Jonathan P. Rubin, PLLC.
The FanDuel ADA Website Accessibility Class Action Lawsuit is Ortega v. FanDuel Inc., Case No. 1:21-cv-10066, in the U.S. District Court for the Southern District of New York.
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