Claire’s Website Fails to Accommodate Blind Users, Plaintiff Claims

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The retail website for Claire’s stores fails to meet basic requirements that would make it accessible to visually impaired users, according to a new class action.

Plaintiff Andres Gomez of Miami-Dade County says defendant Claire’s Stores Inc. is in violation of the Americans with Disabilities Act for failing to implement web design elements that would make its retail website accessible to the blind and visually impaired. Gomez says the website denies blind persons “the full use and enjoyment of the facilities, goods, and services offered by Claire’s locations.”

Defendant Claire’s Stores Inc. runs a chain of retail shops selling jewelry and accessories. Claire’s also sells merchandise through its retail website, Claires.com.

Gomez is legally blind. He says he is able to use websites through the help of screen-reading software, which reads the text on the page aloud.

This software allows blind and visually impaired users who can’t use a mouse to find their way around a webpage using their keyboard. But the software can only work if the information in the website is capable of being rendered into meaningful text, Gomez claims.

“Unless websites are designed to allow screen-reading software users to navigate Internet content by way of the keyboard, blind and visually-impaired persons are unable to fully, equally and independently access websites, and the information, products, and services contained therein,” according to this Claire’s class action lawsuit.

Gomez says he was unable to use the features on Claire’s website, despite several attempts. He says that while shopping for a gift, he was unable to identify nearby Claire’s locations, and he could not get information about promotional offers.

Among other barriers allegedly present on the Claire’s website, Gomez says the graphics, links and buttons are not labeled with alt-text. Alt-text is text that screen reading software can to describe aloud the image or button.

Many graphic elements on the webpage are labeled the same. This prevents blind users from adding merchandise to their shopping cart, Gomez says. He says his attempt to finalize his purchase failed because the website requires the user to confirm the purchase by resending all data.

Confusing headings and an inaccessible map prevent visually impaired users from finding Claire’s retail locations, Gomez says.

Gomez proposes to represent a plaintiff Class that would include all legally blind persons in the U.S. who attempted to use Claire’s website but were denied access to the company’s goods and services during the applicable statutory limitations period. He also proposes a subclass covering Class Members in Florida.

He seeks a court injunction barring Claire’s from violating the Americans with Disabilities Act with respect to its website and requiring the company to make changes to its website to bring it into ADA compliance. He also seeks an award of damages, court costs and attorney fees, with pre-judgment interest.

Gomez is represented by attorney Jessica L. Kerr of The Advocacy Group.

The Claire’s Website ADA Accessibility Class Action Lawsuit is Gomez v. Claire’s Stores Inc., Case No. 1:17-cv-23953-JLK, in the U.S. District Court for the Southern District of Florida.