United Airlines customer voluntarily dismisses website accessibility class action lawsuit

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Update:

• A legally blind woman voluntarily dropped her class action lawsuit accusing United Airlines of failing to make its website compliant with the Americans with Disabilities Act (ADA). 
• The woman claimed United failed to design its website in a way that would make it fully accessible to and independently usable by individuals who are blind or visually impaired. 
• The decision to permanently dismiss the complaint, with prejudice, followed a stipulated dismissal filing made the same day the woman was set to respond to United’s attempt to dismiss the claims.
• United had argued it was protected from the claims by plain language within the ADA and said it would be more appropriately governed by the Air Carrier Access Act, which does not include a private right of action.

United Airlines website class action overview: 

• Who: A blind woman has sued United Airlines.
• Why: The plaintiff says the airline’s website is not accessible to those using a screen reader, in violation of the law. 
• Where: The United Airlines class action lawsuit website was filed in an Illinois federal court.
• What are my options: Try cheapOair.com when booking your next flight.

The United Airlines website is not accessible to blind and visually impaired people using a screen reader, in violation of federal law, a new class action lawsuit alleges.

Plaintiff Sumaya Hussein filed the class action lawsuit against United Airlines Inc. on May 31 in an Illinois federal court, alleging violations of the Americans with Disabilities Act (ADA).

Hussein is legally blind and uses a screen reader to view websites on the internet, she said in her complaint. According to the lawsuit, United Airlines has failed to develop and operate its website, united.com, in a way that is accessible for legally blind customers, which is a violation of the ADA.

“Plaintiff seeks a permanent injunction to cause a change in Defendant’s corporate policies, practices, and procedures so that Defendant’s website will become and remain accessible to blind and visually-impaired consumers,” the lawsuit states.

Plaintiff says she was unable to book flights using screen reader

According to the lawsuit, Hussein tried to book an airline ticket on the United Airlines website for round trip travel between Chicago and Istanbul for a vacation to take place in June 2023.

However, despite trying twice to book the flights, she was unable to because she “encountered barriers that denied her full and equal access to Defendant’s online goods, content and services,” the lawsuit states.

“Due to Defendant’s failure to build the Website in a manner that is compatible with screen access programs, Plaintiff was unable to understand and properly interact with the Website, and was thus denied the benefit of purchasing the flight she wished to acquire from the Website,” the complaint says. 

Specifically, the website contained barriers including missing alt-text, a number of broken links, hidden elements on web pages, incorrectly formatted lists, unannounced pop ups, unclear labels for interactive elements and the requirement that some events be performed solely with a mouse, Hussein alleges.

As a result, she seeks to represent all legally blind individuals who have tried to access the United Airlines website and have been denied equal access to its goods and services. She seeks certification of the class action, damages, an injunction forcing the company to make its website accessible, fees, costs and a jury trial.

In May, a pair of Washington state residents filed a class action lawsuit against Delta Air Lines and Alaska Air Group, along with the Port of Seattle, over claims they ignore potential health risks for residents who live near Seattle-Tacoma International Airport. 

What do you think of the allegations in this United Airlines class action lawsuit? Let us know in the comments! 

The plaintiff is represented by Yaakov Saks.

The United Airlines class action lawsuit is Sumaya Hussein, et al. v. United Airlines Inc., Case No. 1:23-cv-03441, in the U.S. District Court for the Northern District of Illinois.

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