Urban Decay, Adore Me class actions violate Americans with Disabilities Act

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Adore Me, Urban Decay ADA class action lawsuits overview: 

• Who: Marta Hanyzkiewicz and Ramon Fontanez filed class actions lawsuit against Adore Me and Urban Decay, respectively. 
• Why: Hanyzkiewicz and Fontanez independently claim the companies failed to design their websites in a way that would make them fully accessible to blind and visually impaired individuals. 
• Where: The class action lawsuits were filed in New York federal courts. 

Adore Me and Urban Decay have been separately accused of failing to design and maintain their websites so that they are fully accessible to blind and visually impaired individuals. 

Plaintiffs Marta Hanyzkiewicz and Ramon Fontanez claim Adore Me and Urban Decay, respectively, failed to design their websites to be fully compatible with screen-reading software used by blind and visually impaired individuals to access the internet. 

In the Adore Me class action, Hanyzkiewicz claims the women’s underwear company denies blind and visually impaired individuals access to the goods and services on its website by not making its website fully accessible to them. 

“These access barriers that Plaintiff encountered have caused a denial of Plaintiff’s full and equal access multiple times in the past and now deter Plaintiff on a regular basis from accessing the Defendant’s Website in the future,” the Adore Me class action states. 

Hanyzkiewicz wants to represent a nationwide class and New York subclass of all legally blind and visually impaired individuals who have attempted to access Adore Me’s website and were subsequently denied access to “the equal enjoyment of goods and services.” 

Urban Decay class action alleges website contains ‘access barriers’

Fontanez, meanwhile, claims Urban Decay, a cosmetics company, has a number of accessibility issues on its website that make it not fully compatible with screen-reading software.

Screen-reading software attempting to navigate Urban Decay’s website is unable to correctly read offered discounts, links found with cursor keys or the names of products which are available for sale, the Urban Decay class action alleges. 

Fontanez claims the accessibility issues remain on Urban Decay’s website and continue to prevent him from being able to make a purchase. 

Fontanez wants to represent a nationwide class and New York subclass of all legally blind or visually impaired individuals who attempted to access Urban Decay’s website and subsequently been denied access “to the equal enjoyment of goods and/or services offered.” 

Hanyzkiewicz and Fontanez respectively claim Adore Me and Urban Decay are in violation of the Americans with Disabilities Act. 

Plaintiffs are each seeking injunctive and declaratory relief along with compensatory damages for themselves and all class members. 

A consumer filed a similar class action lawsuit against DraftKings earlier this month claiming the company failed to make its website fully accessible to blind and visually impaired individuals. 

Have you been denied equal access to goods and services offered on a website on account of a disability? Let us know in the comments! 

The plaintiffs are collectively represented by Mark Rozenberg of Stein Saks, PLLC, and Edward Y. Kroub, Jarrett S. Charo and William J. Downes of Mizrahi Kroub LLP. 

The Adore Me, Urban Decay ADA Class Action Lawsuits are Hanyzkiewicz v. Adore Me, Inc., Case No. 1:22-cv-03752, in the U.S. District Court for the Eastern District of New York and Fontanez v. L’Oreal USA, Inc., Case No. 1:22-cv-05534, in the U.S. District Court for the Southern District of New York. 

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