Guess Class Action Says Website Inaccessible to Blind Shoppers

A blind man from New York claims the Guess website denies access to visually impaired users in a way that violates the Americans with Disabilities Act.

Plaintiff Derrick Anderson says defendant Guess? Inc. fails to use many readily-available website design methods that could make its Guess website accessible to persons with visual impairments.

The resulting Guess website excludes blind persons from normal access, he claims, thereby violating federal and state anti-discrimination laws.

Anderson is legally blind, according to his Guess class action lawsuit. He says that in February 2017, he made several attempts to complete a purchase on Guess.com but was unable to do so due to access barriers.

The Guess website also contains information about stores, order and delivery, return policies, privacy policies, and the company itself – all of which blind shoppers have limited or no access to, Anderson claims.

Anderson says Guess fails to use many widely-known and easily-implemented web design practices that help visually impaired persons use websites.

For example, ensuring all website functions can be performed using only a keyboard lets visually impaired users get around the obstacles prevented by having to use a mouse. Headings and navigation links can also make a difference for blind online shoppers, Anderson claims.

Images can be appended with alt text that describes the image content. Screen reading software can then describe the image out loud by reading the alt text.

Many of these design guidelines are promoted by the Web Accessibility Initiative, a project of the World Wide Web Consortium. The federal government has also promulgated accessibility standards under Section 508 of the Rehabilitation Act, Anderson says.

The plaintiff claims that accessibility features like these are in wide use on other commercial websites but not on the Guess website. He says the defendant’s website lacks headings, alt text, accessible forms, and readily available navigation links. The website also cannot be accessed without using a mouse, he alleges.

By failing to include these accessibility features in the Guess website, Anderson says, Guess makes it difficult and in some cases impossible for blind shoppers to use the website.

“Guess thus excludes the blind from the full and equal participation in the growing Internet economy that is increasingly a fundamental part of the common marketplace and daily living,” according to Anderson.

Anderson proposes to bring this Guess class action lawsuit on behalf of a plaintiff Class consisting of all legally blind persons in the U.S. who tried to access Guess.com but could not access the same goods and services offered in Guess stores. He also proposes to represent a subclass of Class Members in New York State.

He is asking the court for an injunction that would require Guess to upgrade its website to make it accessible and useful by blind persons. He also seeks an award of compensatory and statutory damages, attorneys’ fees and costs of litigation, all with pre- and post-judgment interest.

Anderson is represented by attorneys C.K. Lee and Anne Seelig of Lee Litigation Group PLLC.

The Guess Website Disability Discrimination Class Action Lawsuit is Derrick Anderson v. Guess? Inc., Case No. 1:17-cv-01203, in the U.S. District Court for the Eastern District of New York.