Yamaha class action alleges website not fully accessible to blind, visually impaired visitors

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Yamaha class action lawsuit overview:

• Who: Plaintiff Luis Mercedes has filed a class action lawsuit against Yamaha Corporation of America.
• Why: Yamaha allegedly operates a website that is not fully accessible to blind and visually-impaired individuals in violation of the Americans with Disabilities Act and the New York City Human Rights Law.
• Where: The Yamaha class action lawsuit was filed in New York federal court.

Yamaha Corporation of America operates a website that is not fully accessible to blind and visually-impaired visitors in violation of the Americans with Disabilities Act and New York City law, a class action lawsuit alleges.

The Yamaha class action lawsuit notes that there are about 8.1 million visually-impaired Americans, including 2 million blind Americans, according to the 2020 U.S. Census Bureau report.

Plaintiff Luis Mercedes says he is legally blind and requires the use of screen-reading software to read website content on a computer.

He says he was interested in purchasing earbuds from the Yamaha website but was unable to independently complete the purchase due to the website’s incompatibility with screen reading software.

Yamaha website barriers prevent visually-impaired consumers from full access to content

Some of the access barriers that allegedly prevent Mercedes and other visually-impaired consumers from full access to the Yamaha website include missing alt-text, hidden elements on web pages, unannounced pop ups, incorrectly formatted lists, and the required use of a mouse for certain functions.

The Yamaha website also features broken links that lead users to a non-existent or empty webpage. 

“For the visually impaired this is especially paralyzing due to the inability to navigate or otherwise determine where one is on the website once a broken link is encountered,” the Yamaha class action lawsuit explains.

Mercedes points out that the World Wide Web Consortium, the international website standards organization, has established Web Content Accessibility Guidelines that are followed by most large business and government entities to ensure their websites are accessible.

The plaintiff claims that Yamaha’s failure to ensure its website complies with the guidelines amounts to intentional discrimination against visually-impaired consumers.

The Yamaha class action lawsuit asserts claims for violations of the ADA and the New York City Human Rights Law. 

Mercedes is seeking an injunction requiring Yamaha to take steps to make its website fully compliant with the ADA and ensure that it is fully accessible and independently usable by blind individuals. He also seeks compensatory damages, pre- and post-judgment interest, attorneys’ fees, and other relief the court deems proper.

Yamaha recently announced a recall for some of its personal transportation vehicles due to an accelerator defect.

Have you experienced issues accessing Yamaha website content with screen reading software? Tell us about your experience in the comments!

Mercedes is represented by Ara V. Naljian of Stein Saks PLLC.

The Yamaha website class action lawsuit is Luis Mercedes v. Yamaha Corporation of America, Case No. 1:23-cv-06231, in the U.S. District Court for the Southern District of New York.

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