Revlon Class Action Says Makeup Retailer’s Website Violates Federal Law

Revlon’s website fails to provide “full and equal access” to blind and visually-impaired consumers under the Americans with Disabilities Act, according to a class action lawsuit.

Plaintiff Edwin Diaz filed the class action lawsuit against Revlon Inc. after attempting to browse the makeup company’s website.

Diaz is visually-impaired and legally blind and therefore requires screen-reading software when using his computer.

Screen-reading software is currently the only way blind or visually-impaired individuals can access websites on the internet. However, unless websites are designed to be read by this software, blind and visually-impaired consumers are unable to fully access websites.

According to the Revlon class action lawsuit, a variety of common barriers exist for individuals using screen-reading software which impede their ability to browse websites.

Some barriers include the lack of a text equivalent for every non-text element, equivalent text not provided when using scripts, text that cannot be resized up to 200 percent without using content, web pages lack titles which describe the topic, and more.

Diaz claims that Revlon.com lacks the essential requirements and is unable to be accessed via screen-reading technology. The website allegedly fails to provide “lack of text alternatives” which allow images to be accurately described through screen-reading.

The Revlon ADA class action further states that the website contains empty links which contain no text and redundant links which create confusion and requires additional navigation for screen-reading users.

According to the Revlon class action lawsuit, the lack of accessibility is a violation of the American Disabilities Act (ADA). The ADA is an Act which provides regulations and requirements that protect disabled individuals and ensure equal access.

Because the makeup company’s website is inaccessible by blind and visually-impaired individuals, Diaz argues that Revlon has failed to provide full and equal access as is required by the ADA.

“Due to the inaccessibility of Defendant’s Website, blind and visually-impaired customers such as Plaintiff, who need screen-readers, cannot fully and equally use or enjoy the facilities, products, and services Defendant offers to the public on its Website,” the Revlon ADA class action argues. “The access barriers Plaintiff encountered have caused a denial of Plaintiff’s full and equal access in the past, and now deter Plaintiff on a regular basis from visiting the Website, presently and in the future.”

Diaz seeks to represent a Class of all legally blind individuals in the United States who attempted to access the Revlon website and have subsequently been denied access to the “equal enjoyment of goods and services.”

The plaintiff also seeks to represent New York state and New York city subclasses of the same consumers, citing violations of various New York civil rights laws.

The Revlon ADA class action lawsuit seeks injunctive relief, compensatory damages, statutory damages, punitive damages, court costs, and attorneys’ fees.

Diaz is represented by Joseph H. Mizrahi of Cohen & Mizrahi LLP; and Jeffery M. Gottlieb and Dana L. Gottlieb of Gottlieb & Associates.

The Revlon Website Class Action Lawsuit is Diaz v. Revlon Inc., Case No. 1:18-cv-10915, in the U.S. District Court for the Southern District of New York.