Insomnia Cookies class action alleges website not accessible to blind, visually impaired

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Insomnia Cookies ADA class action overview: 

• Who: A blind man sued Insomnia Cookies for violations of the Americans With Disabilities Act. 
• Why: The man says the company’s website is not accessible to those using a screen reader.
• Where: The case was filed in New York federal court.

Insomnia Cookies does not make its website accessible to blind and visually impaired people using screen readers, in violation of the Americans with Disabilities Act, or ADA, a new class action lawsuit alleges. 

Plaintiff Elbert Dawkins filed the class action lawsuit against Insomnia Cookies on June 19 in a New York federal court, alleging violations of the Americans With Disabilities Act.

Dawkins is a visually impaired and legally blind person who requires screen-reading software to read website content using his computer.

According to his lawsuit, Insomnia Cookies has failed to make www.insomniacookies.com equally accessible to blind and visually impaired consumers.

“On multiple occasions, Plaintiff visited Defendant’s website to make a purchase,” the Insomnia Cookies lawsuit states. “Despite his efforts, however, Plaintiff was denied a shopping experience similar to that of a sighted individual due to the website’s lack of a variety of features and accommodations, which effectively barred Plaintiff from being able to determine what specific products were offered for sale.”

Insomnia Cookies class action claims website lacks basic accessibility features

Dawkins says many features on the website lacked title attributes and alt text, which is the invisible code embedded beneath a graphical image. The site also violates the ADA by having broken links and double-ups of title elements which confuse screen readers. 

Dawkins looks to represent a nationwide class of legally blind individuals who tried to access the company’s website and seeks damages, fees, costs, certification of the class and a jury trial. He also seeks a permanent injunction to cause a change in the company’s corporate policies. 

Meanwhile, in February, Insomnia Cookies faced a class action lawsuit involving labor violation claims.

What do you think of the ADA compliance allegations in this lawsuit? Let us know in the comments. 

Dawkins is represented by Mark Rozenberg of Stein Saks PLLC. 

The Insomnia Cookies class action lawsuit is Elbert Dawkins v. Insomnia Cookies LLC, Case No. 1:22-cv-03615, in the U.S. District Court for the Eastern District of New York.

Read About More Class Action Lawsuits & Class Action Settlements:

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