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Lisa Frank class action overview:
- Who: A legally blind consumer sued retailer Lisa Frank.
- Why: The plaintiff claims the Lisa Frank website is not accessible to those using a screen reader.
- Where: The class action lawsuit was filed in a New York federal court.
Retailer Lisa Frank’s website is not accessible to legally blind people who use a screen reader in violation of the law, a new class action lawsuit alleges.
Plaintiff Bryan Velazquez filed the class action complaint against Lisa Frank, Inc. Aug. 22 in a New York federal court, alleging violations of the Americans With Disabilities Act (ADA).
Velazquez is a visually impaired and legally blind person who requires screen-reading software to read website content using his computer, the Lisa Frank class action states.
Because the company’s website shop.lisafrank.com is not equally accessible to blind and visually impaired consumers, it violates the ADA, according to the lawsuit.
Lisa Frank class action claims plaintiff denied shopping experience similar to sighted people
On multiple occasions, Velazquez said he visited shop.lisafrank.com to make a purchase.
“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,” the Lisa Frank class action states.
Many features on the website lack alt text, which is the invisible code embedded beneath a graphical image, the lawsuit claims. As a result, Velazquez says he was unable to differentiate what products were on the screen due to the failure of the website to adequately describe its content.
“Such issues were predominant in the section where Plaintiff was attempting, but was unsuccessful, in making a purchase,” according to the Lisa Frank class action.
The website also allegedly contained a host of broken links and missing title elements, which paralyzes a screen reader’s ability to navigate a website.
Velazquez seeks to represent a nationwide class of legally blind people who tried to access the company website and could not plus a New York subclass. He seeks certification of the class action, an injunction forcing the company to make its website accessible, damages, fees, costs and a jury trial.
In related news, earlier this month, Goldman Sachs and L’Oreal were each hit with class action lawsuits alleging their websites are not accessible to visually impaired people using a screen reader.
The lawsuits follow a number of complaints claiming ADA violations filed recently against companies such as Whole Foods, HelloFresh, Dell and Mrs. Fields, among others.
What do you think of these Lisa Frank class action claims brought under the ADA? Let us know your thoughts in the comments!
The plaintiff is represented by Mark Rozenberg of Stein Saks, PLLC.
The Lisa Frank class action lawsuit is Bryan Velazquez v. Lisa Frank, Inc., Case No. 1:22-cv-07164, in the U.S. District Court Southern District of New York.
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