Nuts.com class action alleges website inaccessible to blind, visually impaired consumers

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Nuts.com website class action overview:

• Who: Shivan Bassaw filed a class action complaint against Nuts.com for violating the Americans with Disabilities Act

• What: The Nuts.com class action claims the website is not compatible with software that makes websites accessible to blind and visually impaired individuals.

• Where: The lawsuit was filed in the U.S. District Court of New York, Southern Division.

Shivan Bassaw, a visually impaired individual, filed a class action lawsuit against Nuts.com, alleging the website makes it impossible for visually impaired or blind individuals to complete a transaction. 

Bassaw claims he wanted to purchase products from Nuts.com but could not because the website is not compatible with screen-reading software. He says that because of the Nuts.com website’s visually dominant design and coding flaws, the website discriminates against blind or visually impaired individuals, violating the Americans with Disabilities Act.

The lawsuit claims technology is available that makes it possible for blind people to use websites. 

ADA requires accessibility to websites

The Nuts.com class action claims that a lack of alternate text (code explaining images), the presence of forms that require a mouse instead of a keyboard and other navigation issues make the website inaccessible. Because of the website’s lack of accessibility, blind and visually impaired individuals cannot use drop-down menus to gain access to discounts available to others, the lawsuit claims.

The lawsuit asserts that internet access is more important to visually impaired people now than ever before. It claims the COVID-19 pandemic forced the closure of physical locations, requiring consumers to purchase items remotely. The Nuts.com website class action cited a study claiming that by 2026, 25% of all sales will be conducted online, with a prediction that as many as 50,000 physical stores will shut down by that time.

The ADA applies to websites and is a powerful tool to stem the harmful and discriminatory effects of access barriers, according to the lawsuit. The ADA defines inaccessible web content to mean “that people with disabilities are denied equal access to information. An inaccessible website can exclude people just as much as steps at an entrance to a physical location. A website with inaccessible features can limit the ability of people with disabilities to access public accommodations, goods, services and privileges available through that website.”

Bassaw is represented by William J. Downes of Mizrahi Kroub LLP.

The Nuts.com website is not alone in facing legal challenges due to accessibility. Bradford Exchange and a host of other companies face similar lawsuits.

Have you encountered access barriers on the Nuts.com website? Let us know in the comments!

The Nuts.com website class action is Shivan Bassaw, individually and on behalf of all others similarly situated, v. Nuts.com Inc., Case No. 1:22-cv-10945-PAE, in the U.S. District Court of New York, Southern Division.

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