Sam Ash class action claims website not fully accessible to visually impaired, blind visitors

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Sam Ash website class action lawsuit overview: 

• Who: Jahron Black filed a class action lawsuit against Sam Ash Music Corp. 
• Why: Black claims Sam Ash violated the Americans with Disabilities Act by allegedly failing to make its website fully accessible to individuals who are blind or visually impaired.
• Where: The class action lawsuit was filed in New York federal court.

Sam Ash Music Corp. has failed to make its website fully accessible and independently usable for people who are blind or visually impaired, a new class action lawsuit alleges. 

Plaintiff Jahron Black, who is legally blind, claims Sam Ash is denying individuals who are blind or visually impaired equal access to the goods and services offered on its website by not making it fully accessible to them.

Black argues Sam Ash is ultimately violating the Americans with Disabilities Act (ADA) by allegedly denying full and equal access to its website and the services offered on it to individuals who are blind or visually impaired. 

“Defendant’s denial of full and equal access to its website, and therefore denial of its services offered, and in conjunction with its physical locations, is a violation of Plaintiff’s rights under the Americans with Disabilities Act,” the Sam Ash class action states.

Black wants to represent a nationwide class and New York subclass of individuals who are blind or visually impaired and who attempted to access Sam Ash’s website but were subsequently denied access to the enjoyment of goods and services it offered. 

Sam Ash website contains access barriers to screen-reading software, class action says

Sam Ash’s website contains access barriers that prevent it from being fully compatible with screen-reading software used by individuals who are blind or visually impaired to browse the internet, the Sam Ash class action alleges. 

“Samash.com contains significant access barriers that make it difficult if not impossible for blind and visually-impaired customers to use the website,” the class action states. 

Access barriers on Sam Ash’s website include inaccessible contact information and drop-down menus, a lack of alt text on graphics and a lack of prompting information and accommodations, among other things, according to the Sam Ash class action. 

In addition to allegedly violating the ADA, Black claims Sam Ash is violating New York State Human Rights Law and New York State Civil Rights Law. 

Plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of compensatory and statutory damages for themselves and all class members. 

A similar class action lawsuit was filed against Nuts.com last month by a consumer arguing the company violated the ADA by allegedly failing to make its website fully accessible to individuals who are blind or visually impaired. 

Have you been denied equal access to goods and services offered by a company because of a disability? Let us know in the comments.

The plaintiffs are represented by Mars Khaimov of Mars Khaimov Law PLLC. 

The Sam Ash website class action lawsuit is Black, et al. v. Sam Ash Music Corp., Case No. 1:23-cv-01592, in the U.S. District Court for the Eastern District of New York.

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