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A consumer class action lawsuit says Apple’s website is inaccessible to the visually impaired because it is incompatible with screen readers, and as a result, violates the guidelines of the Americans with Disabilities Act.
In an Apple ADA class action lawsuit filed Sunday, plaintiff Himelda Mendez states that Apple’s website violates the Americans with Disabilities Act.
Mendez says that she is visually impaired, and like many visually impaired people, relies on a screen reader to use website.
She states that the Americans with Disabilities Act requires websites to be compatible with screen readers, but that Apple’s website is incompatible in significant ways with screen readers, making the website difficult and in some ways impossible to use.
According to the Apple website class action lawsuit, the fact that the website does not work with screen readers makes it impossible for visually impaired people like her to have “full and equal access” to the website, access which is protected by the Americans with Disabilities Act.
In the Apple screen reader class action lawsuit, Mendez seeks a permanent injunction that would require Apple to develop and disclose a website accessibility policy and train website employees to make the website compatible with screen readers.
The injunction would also require the company to have the website checked for accessibility by visually impaired individuals.
The Apple website screen reader compatibility class action lawsuit says that screen readers are currently the only technology that allows visually impaired individuals to use the internet independently.
The Apple website ADA compliance class action lawsuit notes that screen readers vocally read information on websites, relying on “alternative text” — code embedded into a website — to read pieces of websites like images, links, and graphics.
However, Mendez alleges that Apple’s website does not have sufficient alternative text for screen readers to be able to interpret the website, making it impossible for visually impaired users to navigate the website.
Additionally, she argues that the site contains “empty links,” that make the site even more difficult to navigate.
She claims that “visually impaired Apple users are unable to determine what is on the website, browse, look for store locations and hours.”
The plaintiff says that the website’s lack of alternative text impedes her and others’ “ability to purchase electronics, such as the iPhone, iPad and MacBook Pro laptop, the ability to make service appointments online, and related goods and services.”
Mendez requests this injunction to combat what she calls Apple’s lack of “a plan and policy reasonably calculated to make [the company] fully and equally accessible to, and independently usable by, blind and other visually impaired consumers.”
Mendez is represented by Joseph H. Mizrahi of Cohen & Mizrahi LLP and Jeffrey M. Gottlieb and Dana L. Gottlieb of Gottlieb & Associates.
The Apple Website Screen Reader Incompatibility Class Action Lawsuit is Mendez v. Apple Inc., Case No. 1:18-cv-07550, in the U.S. District Court for the Southern District of New York.
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5 thoughts onApple Class Action Lawsuit Says Website is Inaccessible to the Blind
Thank you for your reply.
At this time, I am not seeking to join. Rather, I believe I have a preponderance of relevant evidence. I would like to make this available to the claimant’s legal team.
Should the suit prevail, I would then inquire whether or not I may join.
Thanks.
Yes—thank you for your comments. I tire of fighting individual battle after individual battle for basic accessibility and personhood status in cyberspace. There is no excuse for failure to comply with accessibility laws, whether the offender is a business open to the public, or a government entity.
My accessibility accommodation needs largely relate to use of non-audio format communication. It is my right, per FCC 21st Century Communication Law, and ADA Law that I have equal access in communication.
I worked my entire life & paid taxes—yet the most basic services I fund, such as the benefit critical and potentially lifesaving entities, such as 911 Emergency Service.
Exclusion of access to such services is illegal & must change.
Please, how can I participate or contribute evidence to assist this lawsuit? I am disabled, and have extensive written documentation of Apple’s non compliance with ADA & FCC Accessibility Laws, as well as potential anti-trust violations.
I am not seeking financial gain; I seek enforcement of and respect for the civil rights of disabled people.
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
Hello, I am in COMPLETE agreement with this complaint, but I would expand it to include ALL internet companies, ALL browsers, ALL operating systems. As technology advances, I find that everything on the computer is now just about inaccessible to the vision impaired. There seems to be an emphasis on “pretty” vs “functional”; colors change, fonts change, transparency changes. There is NO KEEP IT SIMPLE setting to avoid this inaccessibility. Even that “Accessibility” option is a failure and unsuitable to a lot. Best thing is Zoom Text, but some browsers do not support, and that is a costly application, but well worth it, but may not work with Apple, but I do not know that. I would be interested in hearing from anyone connected to this complaint for any reason. Thank you.