Claire’s Website Hit With ADA Violation Class Action Lawsuit

A class action lawsuit against accessory retailer Claire’s claims that the company’s website violates the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act.

Claire’s website was built without regard to legally blind shoppers, the plaintiffs allege, leaving them unable to use the site. This “failure to design, construct, maintain, and operate its website to be fully and equally accessible” in line with the ADA and California law is a primary claim in the class action lawsuit. 

For someone who can’t see, reading PDFs, enlarging text size, knowing what a photo conveys or even knowing where a link goes to becomes impossible if these standards aren’t met, the plaintiffs contend. 

“The website must be accessible for individuals with disabilities who use desktop computers, laptops, tablets, and smartphones,” the class action lawsuit states.

Claire’s website is not accessible because it does not adhere to internet standards relating to the ADA, plaintiffs allege, creating “barriers” to those with disabilities.  

Those internet standards, established by the World Wide Web Consortium to accommodate ADA needs, require “alternative” text, among other things, so it can be used by the visually impaired.  

“Screen readers,” a type of software, interprets this alternative text into vocalized words.

Several versions of this exist, according to the plaintiffs, with the most popular being Microsoft’s “Job Access With Speech” as well as Apple’s “VoiceOver” tools. 

Plaintiff Julissa Cota is legally blind and says she attempted to use Claire’s website numerous times this year with both of these screen readers.

However, the screen readers were unable to interpret Claire’s website because it did not include alternative text, the class action lawsuit claims. 

Cota describes a frustrating experience visiting Claire’s website leaving her “deterred and impeded from the full and equal enjoyment of goods and services.”

She said she was left unable to visit the physical store because she couldn’t find the relevant information on Claire’s website. 

“If the website was equally accessible to all, Plaintiff and Class Members could independently navigate the website and complete a desired transaction, as sighted individuals do,” according to the Claire’s website class action lawsuit. 

“Screen-reading software is currently the only method a blind or visually-impaired person may independently access the internet.”

The class action lawsuit cites previous law in the case, specifically referencing Robles v. Domino’s Pizza LLC.  Guillermo Robles, a blind man, successfully sued the company because the website was not ADA compliant, leaving him unable to order a pizza online. 

In that case, the Ninth Circuit upheld the validity of ADA violation claims against Domino’s websites.

“Inaccessible or otherwise non-compliant websites pose significant access barriers to blind and visually-impaired persons,” plaintiffs said in the class action lawsuit.   

Furthermore, the plaintiffs allege Claire’s website “constitute[s] intentional discrimination” on the basis of a disability in violation of the ADA. 

“Because simple compliance…would provide Plaintiff and Class Members, who are visually-impaired consumers, with equal access to the website, Plaintiff and Class Members allege that Defendant engaged in acts of intentional discrimination.”

The plaintiff in this class action lawsuit seek, among other things, to have Claire’s website in compliance with the ADA and claim the solution would be an inexpensive one. 

Claire’s website has “generated significant revenue,” according to the class action lawsuit. “These amounts are far greater than the associated cost of making Defendant’s website equally accessible to visually impaired customers.”

More than 2,200 lawsuits have been filed against company websites allegedly violating the ADA in 2018. The following year, some 11,000 lawsuits with similar claims were made.

Analysis conducted by accessiBe, a web services company, shows that out of the 10 million webpages they looked at, “nearly all of them failed to be [ADA] compliant.” 

Most of these ADA issues surrounded menu navigation structure that could not be used with a keyboard. 

Alternatively, at least one judge has pushed back on the rising ADA-related litigation. An attorney in Miami was sanctioned by this judge for filing some 650 cases across the state of Florida. 

Plaintiffs in Cota v. Claire’s Holdings LLC want Claire’s website to be brought up to ADA compliance. They are also seeking damages. 

Are you someone who has experienced ADA issues with Claire’s website? Let us know in the comments below. 

Counsel representing the plaintiffs in this case is Thiago M. Coelho of Wilshire Law Firm. 

The Claire’s Website Class Action Lawsuit is Cota v. Claire’s Holdings LLC, Case. No. 3:20-cv-01833-CAB-NLS, in the U.S. District Court for the Southern District of California.

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