Hallmark Class Action Claims Website Isn’t ADA Compliant

Hallmark has been hit with a class action lawsuit alleging that the greeting card and novelty giant’s website is not accessible to those with visual impairments.

Lead plaintiff Henry Tucker says in the Hallmark class action lawsuit that he and others who are blind or have other visual impairments cannot successfully navigate the company’s website.

The plaintiff claims that this occurs despite the wide availability of technology that is able to make websites accessible.

The Hallmark class action lawsuit says Tucker attempted to access the company’s website as recently as June 2018, however, he was unable to despite being proficient at technologies that make websites accessible to those who are visually impaired.

“Defendant’s denial of full and equal access to its website, and therefore denial of its goods and services offered thereby and in conjunction with its physical locations, is a violation of Plaintiff’s rights under the Americans with Disabilities Act (‘ADA’),” alleges the Hallmark website class action lawsuit.

The Hallmark ADA class action lawsuit points out that the internet is an increasingly important part of modern life. Indeed, even those with visual impairments can access many websites, says the plaintiff.

“In today’s tech-savvy world, blind and visually-impaired people have the ability to access websites using keyboards in conjunction with screen access software that vocalizes the visual information found on a computer screen or displays the content on a refreshable Braille display,” points out the Hallmark class action lawsuit. “Blind and visually-impaired users of Windows operating system-enabled computers and devices have several screen reading software programs available to them.”

The Hallmark class action lawsuit alleges that there are a number of programs available to those with visual impairments, but for these programs to work, the website information must be able to be transferred into text. “If the website content is not capable of being rendered into text, the blind or visually-impaired user is unable to access the same content available to sighted users.”

According to the Hallmark website class action lawsuit, the company both operates a number of physical stores and sells a variety of greeting cards and other items on their website. These require Hallmark to comply with the ADA to ensure both their physical locations and website are accessible to those with disabilities.

“It is…Defendant’s policy and practice to deny Plaintiff, along with other blind or visually-impaired users, access to Defendant’s website, and to therefore specifically deny the goods and services that are offered and integrated with Defendant’s stores,” alleges the Hallmark class action lawsuit.

The plaintiff seeks to represent all legally blind individuals in the United States as well as a New York subclass who were allegedly denied access to the Hallmark website. Tucker accuses Hallmark of violating both federal and New York State disability and civil rights laws.

The Hallmark ADA class action lawsuit is seeking declaratory relief, as well as compensatory, statutory, and punitive damages and fines.

Tucker is represented by Joseph H. Mizrahi of Cohen & Mizrahi LLP, and Jeffrey M. Gottlieb of Gottlieb & Associates.

The Hallmark Website ADA Class Action Lawsuit is Tucker v. Hallmark Licensing LLC, Case No. 1:18-cv-05055, in the U.S. District Court for the Southern District of New York.