Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
A Barkbox class action lawsuit was filed by a visually impaired consumer who says the company’s website violates the Americans with Disabilities Act.
Plaintiff Marion Kiler is a legally blind consumer who requires the use of a screen-reading software to absorb website content on her computer.
Kiler says she was trying to use the Barkbox site to make a purchase for her seeing eye dog named “Socs,” but was unable to buy a monthly box of treats and toys for her guide dog due to access barriers on the website.
According to the Barkbox class action lawsuit, visually impaired people have a visual capacity equal to or less than 20 x 200.
The Barkbox website class action lawsuit explains that some people who meet this definition have no vision whereas others have limited vision.
More than 8 million people in the U.S. would meet this definition of visually impaired, 2 million of which are blind.
The Barkbox class action lawsuit alleges that the company failed to maintain, design, construct, and operate their website in a manner that is visually accessible and usable by visually impaired or blind visitors.
The Americans with Disabilities Act violation claim comes in the form of a class action lawsuit since the plaintiff alleges that other visually impaired people would not be able to use the website.
The Barkbox class action explains that there are thousands of different barriers on the Barkbox website that make it impossible or difficult for a visually impaired or blind customer to use.
Kiler says she was unable to complete a transaction on the website, meaning that she was blocked from participating in the common marketplace or regular activities of daily living.
The Barkbox class action claims that companies cannot ignore the many people who have visual impairments but might wish to use a website.
Limitations in mobility, explains the Barkbox class action lawsuit, make it even more important for the blind and visually impaired to carry out transactions online.
The Barkbox class action argues that Barkbox has a number of different barriers in the design of their website, including accessible image maps, prompting information to fill out online forms, and alternative text.
Further, the company is accused of requiring that anyone making a purchase use a mouse, and yet blind and visually impaired customers rely on the keyboard only to make their transactions.
Within the Barkbox class action lawsuit, Kiler seeks relief in the form of a permanent injunction so that the website is available to and usable by visually impaired and blind customers.
The Barkbox ADA class action lawsuit further seeks compensatory damages for putative Class Members, including blind and visually impaired patrons who were not able to use the site and therefore subject to illegal discrimination.
The Americans with Disabilities Act requires that companies comply with certain rules in order to make common marketplace actions and daily living activities accessible to people with disabilities, including those who have visual impairments.
Kiler filed the Barkbox class action lawsuit on behalf of herself and other visually impaired website viewers.
The plaintiff is represented by Dan Shaked of Shaked Law Group PC.
The BarkBox Website ADA Class Action lawsuit is Marion Kiler v. Barkbox Inc. a/k/a Bark & Co., Case No. 1:18-cv-04424, in the U.S. District Court for the Eastern District of New York.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
