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Wayfair class action lawsuit overview:
- Who: Plaintiff Seana Cromitie has filed a class action lawsuit against Wayfair LLC.
- Why: The Wayfair website is allegedly not compatible with screen-reading software, preventing visually-impaired individuals from being able to independently navigate the site and make purchases.
- Where: The Wayfair class action lawsuit was filed in New York federal court.
Wayfair LLC violates the Americans with Disabilities Act (ADA) by operating a website that is inaccessible to blind and visually-impaired individuals, according to a class action lawsuit filed June 18 in New York federal court.
Plaintiff Seana Cromitie is a visually-impaired and legally blind person who utilizes screen-reading software to read website content on her computer. She notes that a 2010 U.S. Census Bureau report found that there are more than 8 million visually-impaired Americans, about 2 million of whom are blind.
“Screen-reading software is currently the only method a blind or visually-impaired person may use to independently access the internet,” the Wayfair class action lawsuit explains. Therefore, Cromitie says websites that are not compatible with screen-reading software are not fully accessible to blind and visually-impaired individuals.
Wayfair website barriers allegedly prevented plaintiff from purchasing product she wanted
Cromitie says she attempted to access the Wayfair website from her home computer to shop for products, but she “encountered barriers that denied her full and equal access to [Wayfair’s] online goods, content, and services.”
She says she wanted to purchase a shoe rack and found a Wayfair product she liked through a Google search. However, when she went to the Wayfair website to complete the purchase, she was unable to independently purchase the product online.
The Wayfair class action lawsuit alleges the retailer’s website was not built in a manner that is compatible with screen reading software. Therefore, Cromitie was unable to interact properly with the website and was denied the benefit of purchasing the shoe rack she wanted.
For example, the Wayfair website reportedly had missing alt-text, incorrectly formatted lists, unannounced pop-ups, broken links, and required the use of a mouse for some actions.
The Wayfair class action lawsuit notes that the Wayfair website is considered a public accommodation within the definition of Title III of the ADA. As such, it is unlawful discrimination to deny individuals with disabilities the opportunity to access the products and services afforded to other individuals, Cromitie explains.
She has asked the court for an injunction prohibiting Wayfair from continuing to violate the ADA and requiring the retailer to make its website fully compliant with the ADA so that it is accessible to blind individuals.
Last year, Wayfair was hit with a class action lawsuit alleging its warranties that ban third-party repairs violate federal law.
Have you experienced barriers when visiting the Wayfair website? Tell us about your experience in the comments!
Cromitie is represented by Mark Rozenberg of Stein Starks PLLC
The Wayfair website class action lawsuit is Seana Cromitie v. Wayfair LLC, Case No. 1:23-cv-05149, in the U.S. District Court for the Southern District of New York.
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9 thoughts onWayfair class action alleges website not accessible to blind, visually impaired users
I had issues with Wayfair with complications reading everything. When I was buying a new bed and mattress. I ended up getting something I I didn’t want because it’s not strong enough to hold my weight. Since I have other health issues.
In 2020 I had a similar experience with the Wayfarer web site. I was attempting to purchase a computer desk using the site and I could not independently enter credit card information using JAWS screen reading software. To complete the transaction I had to have my assistant use her credit card to make the purchase and reimburse her for it. The site was confusing to navigate. That was the only time I visited the site and made a purchase from them.
I have some really bad arthritis in my feet as well as a genetic disease where I have spikes in my feet and my feet I cannot walk on at all and I have to be in a wheelchair every time I go out and go to the store this is something that I’ve had it done for the last 6 years of my life because of my fact I’ve been on my feet most of my life working and wait for it to not have not one wheelchair when I went and visited them I believe we all should be conversated highly because of this issue because of the fact I had to leave and could not shop at this I did not sleep in a bed for almost 2 months because of these people they are sorry as hell all the pain and stuff when I went through could not commute to any type of money pay
I HAVE deteriorating arthritis a severe case of scoliosis and extremely bad issues with my feet where I can barely walk up to a minute or two at a time without having to sit down and they did not have nothing for disabled wheelchair people at all to maneuver and get around the store I think we all should be compensated at least 3,000 a piece
Yes.in Ohio I have and currently having issue with website.
Please add me I would.like to be included thank you
When I visit Wayfair in Charlotte North Carolina they did not have visible wheelchair accessible areas not a whole lot of them it was hard for me to maneuver around the barriers trying to get into the store
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Please add me to this lawsuit
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