Speedo, Hard Rock class actions claim websites not accessible to visually impaired, blind users

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Speedo, Hard Rock class actions overview:

• Who: Speedo and Hard Rock Café have each been hit with class action lawsuits alleging their websites are not accessible to visually impaired people using a screen reader.
• Why: The plaintiffs say the inaccessibility is a violation of the Americans With Disabilities Act.
• Where: The lawsuits were filed in a New York federal court. 

Speedo and Hard Rock Café have each been hit with class action lawsuits alleging their websites are not accessible to blind and visually impaired people who use a screen reader.

The plaintiffs say the inaccessibility is a violation of the Americans With Disabilities Act (ADA).

Plaintiff Christopher Loadholt filed his class action complaint against Hard Rock Café International (USA), Inc. Aug. 19 in a New York federal court. Plaintiff Valerie Dicks filed her class action complaint against Warnaco Swimwear Products Inc. (d/b/a Speedo USA) Aug. 22 in a New York federal court.

Both plaintiffs are visually impaired and legally blind people who require screen-reading software to read website content using their computers.

Based on a 2010 U.S. Census Bureau report, approximately 8.1 million people in the United States are visually impaired.

Hard Rock class action alleges website not accessible to people using a screen reader

Loadholt alleges Hard Rock’s website, www.shop.hardrock.com, is not accessible to those using a screen reader. 

He says he visited the website on two occasions and “quickly became aware of Defendant’s failure to maintain and operate its website in a way to make it fully accessible for himself and for other blind or visually-impaired people,” according to the Hard Rock class action.

Loadholt alleges many features on the website fail to accurately describe the contents of graphical images or properly label titles. The website fails to distinguish one page from another and contains multiple broken links, the Hard Rock class action states. 

Speedo class action claims website contains significant access barriers

Meanwhile, Dicks alleges Speedo’s website, us.speedo.com, is also not accessible to those using a screen reader.

The website contains significant access barriers that make it “difficult if not impossible” for blind and visually impaired customers to use it, according to the Speedo class action.

The barriers include, but are not limited to, inaccurate heading hierarchy, ambiguous link texts, inaccessible contact information, lack of alt text on graphics, inaccessible drop-down menus and redundant links, the Speedo class action alleges.

Dicks would like to represent all legally blind people in the United States who tried to use the us.speedo.com website and could not plus a New York subclass.

Loadholt looks to represent all legally blind people in the United States who tried to use the shop.hardrock.com website and could not plus a New York subclass.

Both plaintiffs seek a permanent injunction to cause a change in the defendants’ corporate policies, practices and procedures so the websites will become and remain accessible to blind and visually impaired consumers.

Both also request certification of the class actions, an injunction, damages, fees, costs and a jury trial.

Earlier this month, Gap and Lane Bryant were each hit with class action lawsuits alleging they failed to make their websites fully accessible and independently usable for individuals who are blind or visually impaired.

Meanwhile, a number of complaints claiming ADA violations have been filed recently against companies such as Whole Foods, HelloFresh, Dell and Mrs. Fields, among others. 

What do you think of the allegations in these cases? Let us know your thoughts in the comments! 

Loadholt is represented by Yitzchak Zelman of Marcus & Zelman, LLC. 

Dicks is represented by Mars Khaimov of Mars Khaimov Law, PLLC.

The Hard Rock class action lawsuit is Christopher Loadholt v. Hard Rock Café International (USA), Inc., Case No. 1:22-cv-07099, in the U.S. District Court for the Southern District of New York.

The Speedo class action lawsuit is Valerie Dicks v. Warnaco Swimwear Products Inc. d/b/a Speedo USA, Case No. 1:22-cv-07145, in the U.S. District Court for the Southern District of New York.

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