ADA class actions allege websites inaccessible to blind, visually impaired consumers

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Blind, visually impaired website accessibility ADA class action lawsuits overview: 

• Who: A number of complaints claiming Americans with Disabilities Act violations have been filed recently against companies such as Whole Foods, HelloFresh, Dell and Mrs. Fields, among others. 
• Why: Consumers claim the companies failed to design their websites in a way that would make them fully accessible to blind and visually impaired individuals. 
• Where: Class action lawsuits claiming ADA violations have been filed nationwide.

A number of class action lawsuits have recently been filed by blind and visually impaired individuals alleging companies failed to make their websites in such a way as to grant full accessibility.

The complaints revolve around Americans with Disabilities Act (ADA) claims and occasionally state-specific consumer protection laws. 

Mrs. Fields, HelloFresh, Dell class actions allege screen readers incompatible with sites

This month, a blind man in New York claimed Mrs. Fields Famous Brands failed to design its website in a way that would grant full accessibility to him. 

The consumer argued Mrs. Fields did not make its website so it would fully work with a screen-reading software designed to help blind and visually impaired individuals access the internet. 

A similar class action lawsuit was filed against HelloFresh only days before over claims the company violated the ADA by not making its website fully accessible to blind or visually impaired individuals. 

The plaintiff in that class action claims he was denied equal access to goods and services provided by HelloFresh due to its inability to make its website compatible with screen-reading software.

Also in May, a legally blind woman filed a class action lawsuit against PNC, claiming the company’s website did not have full accessibility for her. 

The woman behind the complaint is asking for a permanent injunction requiring PNC to change its policies so its website will be accessible for the blind and visually impaired. 

Uncommon Goods also faced a class action lawsuit this month alleging the company failed to make its website fully accessible to blind and visually impaired individuals. 

The blind man behind the complaint claims his screen reader is unable to accurately describe images or read all of the text on the website, among other things. 

That class action lawsuit came on the heels of a complaint made against Whole Foods by a would-be customer claiming he was denied equal access to the company’s website. 

The consumer behind the complaint claims Whole Foods “effectively barred” him from using the website since it did not design it to be compatible with screen-reading software.

Also this month, a class action lawsuit was filed against Dell over allegations the company is in violation of the ADA by not making its website compatible with screen-reading software used by the blind and visually impaired. 

The man behind the complaint claims Dell’s website had multiple access barriers, including lack of alt text and navigation links, among other things. 

Marriott, Talbots, Synchrony class actions claim consumers face multiple ADA accessibility barriers on websites

Marriott also faced claims this month that the company has failed to make its website fully accessible to individuals who are blind or visually impaired. 

The consumer who filed the class action lawsuit claims Marriott designed its website to have a fully visual interface, forcing blind and visually impaired individuals to have to rely on a sighted person to help them browse it. 

Talbots, meanwhile, was hit with a class action lawsuit this month arguing the company violated the ADA and discriminates against the blind and visually impaired with the design of its website. 

The consumer behind the complaint claims the website has multiple access barriers for blind and visually impaired individuals, including broken links. 

Last month, a legally blind man filed a class action lawsuit against Yankee Candle over claims its website was not designed in a way that would make it equally accessible to blind and visually impaired individuals. 

The man claims he has been denied access to goods and services offered by Yankee Candle on its website due to “thousands” of barriers.  

Also in April, Synchrony faced claims it was in violation of the ADA by not designing its website to be accessible for blind individuals. 

The woman behind the complaint, who is blind, argued the pandemic makes it especially important for people with disabilities to be able to access websites.

Earlier that month, Choice Hotels faced claims it violated the ADA by failing to make its website accessible to the blind.

The man behind the complaint, who is legally blind, argues Choice Hotels’ inability to make its website accessible to the blind increases the stigma for people dealing with visual disabilities. 

Procter & Gamble, meanwhile, faced claims in February that the company’s website is not fully accessible to individuals who are blind and visually impaired. 

The complaint argues P&G’s website does not work properly with screen-reading software and constitutes a violation of both the ADA and New York City Human Rights Law. 

In December, Barstool Sports was accused of failing to design its website in a way that would allow blind and visually impaired individuals to have equal access to it. 

The class action lawsuit claims Barstool Sports’ website design, in addition to violating the ADA, also failed to comply with international internet accessibility guidelines. 

Earlier that month, Johnson & Johnson faced claims its website was not designed to be fully accessible and independently used by the blind and visually impaired. 

The legally blind woman behind the complaint argues the company denied her access to the “equal enjoyment of goods and/or services” found on J&J’s website.

FanDuel, meanwhile, was the target of a class action lawsuit filed in November 2021 that alleged the company violated the ADA by not making sure its website had full accessibility for the blind and visually impaired. 

The consumer behind the complaint claimed FanDuel’s website was not fully compatible with his Microsoft brand JAWS screen-reading software. 

Have you been denied equal access to a website because of a disability? Let us know in the comments.

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