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Honda Acura Certified ADA Compliance Class Action Lawsuit Overview:
- Why: The plaintiff argues that Honda’s Acura Certified website does not provide visually impaired and legally blind persons equal access to the site which is incompatible with screen-reading software.
- Who: A potential Acura customer sued Honda.
- Where: The class action lawsuit was filed in New York federal court.
Honda makes it nearly impossible for consumers with visual impairments to access its Acura websites, claims a new class action lawsuit lodged against the automaker.
A New York resident filed a civil rights class action lawsuit against American Honda Motor Co. alleging “intentional discrimination” and violating the Americans with Disabilities Act of 1990 (ADA).
The lead plaintiff is Michelle Tenzer-Fuchs, who is a visually impaired and legally blind person protected under the ADA. Tenzer-Fuchs cannot use a computer without screen-reading software.
On several occasions in 2021, Tenzer-Fuchs visited the Acura Certified website and found that it was not compatible with her NonVisual Desktop Access (NVDA) screen reader making it “extremely difficult—if not impossible” to browse the website let alone make a transaction, according to the class action.
Tenzer-Fuchs seeks to represent a nationwide Class and a New York subclass that includes all legally blind individuals who have attempted to access the Acura website and have been denied access to the equal enjoyment of goods and services, during the relevant statutory period.
Honda ‘Effectively Barred’ Customer From Making Acura Purchase, Claims Class Action
Tenzer-Fuchs encountered several issues throughout the Acura Certified website, which sells certified pre-owned Acura vehicles. These include unreadable images (including of cars and the company’s logo), menu bars, filters and sorting options, and broken links. Some images even blocked on-screen text from being read by her NVDA reader, the complaint says.
One main access barrier that Honda employs on the Acura Certified website is the lack of alternative text, or alt-text, which is code embedded beneath an image on a website. Alt-text allows screen readers to speak the alt-text which often describes the image.
Honda “denied [Tenzer-Fuchs] an experience similar to that of a sighted individual” and “effectively barred” her from letting her buy her desired car, the complaint says.
Tenzer-Fuchs seeks to change Honda’s corporate policies in order to create and maintain an Acura Certified website that is accessible to blind and visually impaired consumers. She also seeks to work with Honda to find the company a qualified consultant to improve the website’s accessibility, periodically train Honda’s website employees on accessibility, and regularly audit the website.
The class action also seeks compensatory damages, pre- and post-judgment interest, and litigation costs.
This is just one lawsuit in a nationwide legal push to make websites more accessible to blind and visually-impaired people, in line with the law.
In late October, a class action lawsuit was filed alleging Vitamin Shoppe effectively bars those with visual impairments from buying the health products sold by the company online due to its inaccessible website.
A few short weeks ago a similar class action lawsuit was filed against Bic, alleging its website is not fully and equally accessible to and independently usable by blind or visually impaired people.
Have you ever had issues accessing the Acura Certified website or experienced another ADA-non compliant website? Tell us about your experience below!
The plaintiff is represented by Jonathan Shalom of Shalom Law, PLLC.
The Honda Acura Certified ADA Compliance Class Action Lawsuit is Tenzer-Fuchs v. American Honda Motor Co. Inc., Case No. 2:21-cv-06604, in the US District Court for the Eastern District of New York.
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