Western Union class action alleges website inaccessible to blind, visually impaired

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Western Union class action lawsuit overview:

• Who: Plaintiff Miriam Cruz filed a class action lawsuit against Western Union Holdings Inc.
• Why: The Western Union website allegedly is not accessible to blind individuals in violation of the Americans With Disabilities Act and New York state law.
• Where: The Western Union class action lawsuit was filed in New York federal court.

The Western Union website is not accessible to blind and visually impaired individuals, according to a class action lawsuit filed Sept. 13 in New York federal court.

Plaintiff Miriam Cruz is legally blind and requires screen-reading software to access website content from her computer, according to the Western Union class action lawsuit.

Although there is a wide variety of technology available to make websites accessible to blind and visually impaired individuals, Cruz claims Western Union has allegedly “chosen to rely on an exclusively visual interface.”

As a result, blind people must rely on the assistance of sighted people to access the Western Union website, which violates basic equal access rights under state and federal law, the Western Union website class action lawsuit alleges.

Western Union class action says ADA, New York law require websites to be accessible to visually impaired individuals, 

The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities. Under the ADA, discrimination includes barriers to independent living and equal opportunities for people with disabilities, such as barriers to access websites and other public accommodations. 

New York law also requires places of public accommodation to ensure access to goods, services and facilities, the Western Union class action lawsuit explains.

Cruz points to a 2010 U.S. Census Bureau report that says there are more than 8 million visually impaired people in the United States, 2 million of whom are blind.

The internet is a valuable resource for people because it allows them to access websites and find out information about companies, their locations, their hours of operation and the merchandise and/or services they offer, she states.

Access to websites is especially critical to blind individuals, and the lack of an accessible website may deter them from visiting companies’ physical locations, Cruz alleges.

The Western Union class action lawsuit seeks a permanent injunction to change the company’s practices so that its website will become and remain accessible to blind and visually impaired consumers. Cruz is also seeking compensatory damages on behalf of the proposed class.

In recent months, several companies have been hit with website accessibility class action lawsuits. Cruz also recently filed a Benihana class action lawsuit alleging the company’s website is not fully accessible to blind or visually-impaired individuals.

Do you use assistive technology to access websites? Tell us what you think of the Western Union class action lawsuit in the comments!

Cruz is represented by Mars Khaimov of Mars Khaimov Law PLLC.

The Western Union class action lawsuit is Miriam Cruz v. Western Union Holdings Inc., Case No. 1:22-cv-05462, in the U.S. District Court for the Eastern District of New York.

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