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Gamefly website accessibility class action overview:
- Who: A legally blind woman sued Gamefly.com.
- Why: The plaintiff says she was unable to access the Gamefly website and buy a video game for her brother.
- Where: The Gamefly class action lawsuit was filed in a New York federal court.
A legally blind woman from New York filed a class action lawsuit against Gamefly.com, a popular gaming retail website, alleging the company makes its content inaccessible to legally blind people who use screen-reading software.
Plaintiff Jovan Campbell claims that other major retail sites make use of technology to help visually impaired individuals navigate sites, such as alternative text, accessible forms, descriptive links and resizable text. However, the Gamefly class action says Gamefly chooses to “rely on an exclusively visual interface” that discriminates against visually impaired customers.
“Congress provided a clear and national mandate for the elimination of discrimination against individuals with disabilities when it enacted the ADA,” the Gamefly class action states. “Such discrimination includes barriers to full integration, independent living, and equal opportunity for persons with disabilities, including those barriers created by websites and other public accommodations that are inaccessible to blind and visually impaired persons. Similarly, New York state law requires places of public accommodation to ensure access to goods, services, and facilities by making reasonable accommodations for persons with disabilities.”
Gamefly class action alleges plaintiff unable to purchase video game due to access barriers
The Gamefly class action explains that the plaintiff intended to buy the Madden NFL 23 video game for his brother on Gamefly.com. Campbell alleges the Gamefly website included inaccurately labeled elements and links that were unclear to the screen reader.
One of the major problems with the navigation of the Gamefly website is that it requires a mouse, the lawsuit states. Blind individuals use keyboards, along with screen-reading software that vocalizes visual information on the computer screen.
The Gamefly website is not compatible with the screen-reading software and cannot be navigated without a mouse. It also does not use “alternative text” code, which is embedded behind photos and informs screen readers how to describe the images presented on the website. The Gamefly class action mentions several other navigation issues that present problems for visually impaired consumers.
The lawsuit intends to represent thousands of visually impaired or blind people who also cannot access the Gamefly website. It reports that there are 8.1 million visually impaired people in the United States, including 2 million who are blind.
The Gamefly class action also claims the website violates the Americans with Disability Act.
The Gamefly accessibility class action lawsuit is Jovan Campbell, on behalf of herself and all others similarly situated v. Gamefly Holdings, LLC., Case No. 1:22-cv-10107, in the U.S. District Court Southern District of New York.
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