Visionworks, Dr. Scholl’s class actions claim websites not accessible to visually impaired, blind

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Visionworks Dr. Scholl’s website ADA class action overview:

• Who: Visionworks and Dr. Scholl’s have each been hit with class action lawsuits by legally blind consumers who use screen readers.
• Why: The plaintiffs say the companies’ websites are not accessible to people using screen-reading software.
• Where: Both lawsuits were filed in New York. 

Visionworks and Dr. Scholl’s have each been hit with class action lawsuits by legally blind consumers who say the companies have not made their websites accessible to consumers using screen readers in violation of the Americans with Disabilities Act (ADA).

Yan Luis filed the Visionworks class action June 3 in a New York federal court. Bryan Velazquez filed the Dr. Scholl’s lawsuit the same day in the same court. 

Both Luis and Velazquez are legally blind and use screen-reading software to read website content on their computers. 

Luis says he has made numerous attempts to complete a purchase on Visionworks.com, most recently on May 21, 2022, but was unable to do so independently because of the many access barriers on the website. As a result, he was not able to buy the glasses that he wanted. 

The access barriers included multiple “landmarks” on the website titled with the same name, difficult-to-use navigation menus and inaccessibility of the telephone number to a screen reader, according to the class action lawsuit.

Dr. Scholl’s class action claims plaintiff denied shopping experience of sighted person

Velazquez says he visited drscholls.com on multiple occasions to make a purchase. 

“Despite his efforts, however, Plaintiff was denied a shopping experience similar to that of a sighted individual due to the website’s lack of a variety of features and accommodations, which effectively barred Plaintiff from being able to determine what specific products were offered for sale,” the class action lawsuit states.

Velazquez says many of the elements on the website lack alt text, which is what screen readers use to tell a visually impaired person about images on the site.

Both Luis and Velazquez look to represent classes of legally blind consumers nationwide who tried to access each of the company websites. 

They each ask for certification of the class action lawsuits, fees, costs, damages and a jury trial. They also want the court to force the companies to make their websites accessible to blind and visually impaired people using screen readers. 

The news comes after a consumer hit Etsy with a class action lawsuit that alleges the company’s website is inaccessible to visually impaired and legally blind people.

What do you think of the allegations in this case? Let us know in the comments! 

Velazquez is represented by Mark Rosenberg of Stein Saks PLLC. Luis is represented by Noor A. Saab of Noor A. Saab Law. 

The Visionworks ADA class action lawsuit is Kevin Yan Luis v. Visionworks of America, Inc., Case No. 1:22-cv-04651, in the U.S. District Court Southern District of New York. 

The Dr. Scholls ADA class action lawsuit is Bryan Velazquez v. Scholl’s Wellness Company, Case No. 1:22-cv-04647, in the U.S. District Court Southern District of New York.

Read About More Class Action Lawsuits & Class Action Settlements:

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• Dark Horse Comics’ Website Not Fully Accessible For Blind, Visually Impaired, Says Class Action
• Electronic Arts’ Website Not Independently Usable For Blind, Visually Impaired, Says Class Action
• HSN Class Action Alleges Website Inaccessible To Blind, Visually Impaired