Dick’s Sporting Goods Class Action Says Website Violates ADA

A recent class action claims that the Dick’s Sporting Goods website fails to allow deaf and hard of hearing customers equal access.

Plaintiff Kahlimah Jones says that, as a deaf individual, she in unable to access videos on the Dick’s Sporting Goods website due to a lack of closed captioning.

According to Jones, this unequal access violates the Americans with Disabilities Act (ADA).

Videos reportedly accompany many product listings on the Dick’s Sporting Goods website, but Jones claims that these videos lack closed captioning. This allegedly means that she and other deaf or hard of hearing customers are unable to understand the videos.

According to the Dick’s Sporting Goods class action lawsuit, Jones was denied equal access to the sporting company’s website in January and February of 2020. She says she tried to watch videos associated with a home gym and indoor bike, but was unable to comprehend the video content because it lacked closed captioning.

Jones claims this lack of closed captioning prohibits her and other disabled individuals from using the Dick’s Sporting Goods website in the same way that non-disabled people are allowed to.

“Just as buildings without ramps bar people who use wheelchairs, video content without captions excludes deaf and hard-of-hearing individuals,” Jones says.

“The lack of closed captioning means that deaf and hard-of-hearing people are excluded from the rapidly expanding Internet media industry and from independently accessing videos posted on the Website.”

Jones claims the lack of closed captioning on the Dick’s Sporting Goods website violates the equal access requirements of state and federal laws, including the ADA. The ADA provides federal protections for disabled individuals who may be discriminated against.

“Because the Website and its nexus to the Dick’s Stores is a ‘place of public accommodation,’ denial of equal access to the videos available to hearing individuals violates the ADA,” the Dick’s Sporting Goods class action lawsuit claims.

“Remedying that violation is critical to the ADA’s goal of providing people with disabilities the same access that others take for granted.”

Through her ADA class action, Jones seeks injunctive and declaratory relief that would ensure equal access for deaf and hard of hearing individuals.

Jones seeks to represent a Class of all legally deaf or hard of hearing people who were denied equal access to the Dick’s Sporting Goods website. She also seeks to represent a subclass of the same consumers from New York.

Jones estimates there could be 36 million Class Members and  hundreds of thousands of New York subclass members based on the number of deaf or hard of hearing individuals in the country and state.

The plaintiff also recently filed a class action lawsuit against Peloton alleging that its website discriminates against deaf or hard of hearing consumers.

Were you denied access to the Dick’s Sporting Goods website? Share your story in the comment section below.

Jones and the proposed Class are represented by Dan Shaked of Shaked Law Group PC.

The Dick’s Sporting Goods ADA Class Action Lawsuit is Jones v. Dick’s Sporting Goods Inc., Case No. 1:20-cv-00650-LDH-JO, in the U.S. District Court for the Eastern District of New York.

Read More Lawsuit & Settlement News:

Agnesian HealthCare Ends Lawsuit Over Illegal Kickbacks with $10 Million Whistleblower Settlement

Shingles Vaccine: Zostavax vs. Shingrix

OWYN Class Action Says Protein Drinks Don’t Contain Vanilla

One Protein Bar Class Action Says Labeling Is False