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OH! Nuts website class action overview:
- Who: A blind man is suing OH! Nuts.
- Why: The plaintiff says the company’s website is not accessible to blind people using a screen reader.
- Where: The OH! Nuts website class action was filed in a New York federal court.
A legally blind man is suing OH! Nuts, alleging the company’s website is not accessible to people using a screen reader.
Plaintiff Randy Sanchez filed the class action lawsuit against OH! Nuts Inc. on April 7 in a New York federal court, alleging violations of the Americans With Disabilities Act.
Sanchez is blind and requires screen-reading software to read website content using his computer, he says.
According to the lawsuit, OH! Nuts failed to design, construct, maintain, and operate its website www.ohnuts.com to be fully accessible to and independently usable by himself and other blind or visually-impaired people.
Ohnuts.com provides to the public a wide array of services, price specials and other programs offered by the company, which sells nuts, candy, chocolate and other snacks, Sanchez says.
“Yet, Ohnuts.com contains significant access barriers that make it difficult if not impossible for blind and visually-impaired customers to use the website,” he alleges.
“In fact, the access barriers make it impossible for blind and visually-impaired users to enjoy and learn about products at Ohnuts.com prior to entering Defendant’s physical location.”
Multiple barriers to access, lawsuit alleges
The barriers to access on the website include inaccurate landmark structure, inaccurate heading hierarchy, inadequate focus order, ambiguous link texts, inaccessible contact information, changing of content without advance warning, unclear labels for interactive elements, lack of alt-text on graphics, inaccurate drop-down menus and more.
As a result, the plaintiff seeks a permanent injunction forcing the company to make its website accessible to blind people, plus damages, fees, costs and a jury trial.
He is looking to represent a nationwide class of legally blind individuals who were denied access to the website, plus a New York subclass.
Meanwhile, a woman who used the digital health and wellness website noom.com is suing Noom Inc., alleging it illegally recorded her actions on its website without her permission.
What do you think of the allegations in this OH! Nuts case? Let us know in the comments!
The plaintiff is represented by Noor A. Saab of The Law Office of Poor A. Saab.
The OH! Nuts class action lawsuit is Randy Sanchez et al., v. OH! Nuts Inc., Case No. 1:23-cv-02642 in the U.S. District Court for the Eastern District of New York.
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