Peloton Class Action Says Videos Lack Captions

A class action lawsuit has been waged against Peloton Interactive from a consumer saying she cannot access online videos because she is hearing impaired.

Plaintiff Kahlimah Jones says she cannot utilize the audio portion of a video on the Peloton website without using closed captioning. 

She claims that in January and February of this year she wanted to watch videos on the Peloton website about the company’s Bike and Tread products as well as the video titled “Christine’s Story,” but could not figure out what the videos were about because they lacked closed captioning.

“This case arises out of Defendant’s policy and practice of maintaining an inaccessible website denying deaf and hard-of-hearing persons access to the goods and services of the Website,” the Peloton class action lawsuit states.

The plaintiff also claims that because of the defendant’s policy and practice of not removing access barriers, hard-of-hearing individuals are being denied full and equal access to browse and watch videos on the Peloton website.

Jones maintains that just as buildings that do not have ramps prohibit people from using wheelchairs, video content that doesn’t have captions exclude those that are deaf and hard-of-hearing.

“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,” the Peloton class action lawsuit claims.

The plaintiff argues that the defendant chooses to post videos without closed captioning, or with limited closed captioning, which are not accessible to deaf and hard-of-hearing people.

Jones alleges that Peloton is discriminating against her in violation of the Americans with Disabilities Act (ADA) as they are providing barriers to full independent living and equal opportunity for those with disabilities.

In addition to the alleged violation of the ADA, the plaintiff asserts that New York state law requires places of public accommodation to “ensure access to goods, services, and facilities by making reasonable accommodations for persons with disabilities.”

The plaintiff claims that she and other Class Members will continue to be unable to watch the videos on the website unless Peloton fixes the numerous access barriers that are present.

Closed captioning is the only method by which a deaf or hard-of-hearing person can independently and fully access the videos on the Peloton website, claims the plaintiff. The lack of captioning stops the plaintiff from understanding the content of the videos on the website and thus prevents them from learning about the defendant’s products.

“Modifying its policies, practices, and services by providing closed captions to make its videos accessible to deaf and hard-of-hearing individuals would not fundamentally alter the nature of Defendant’s business, nor would it pose an undue burden to this flourishing company,” the Peloton class action lawsuit maintains.

Besides the ADA, the plaintiff alleges that the defendant is in violation of New York State Civil Rights Law as well as New York City Human Rights Law and seeks declaratory relief on behalf of herself and Class Members.

Peloton has recently been the subject of another class action lawsuit by consumers who claim that the company deleted more than 50 classes on its workout product.

Are you hard-of-hearing and need closed captioning to access certain websites? Leave a message in the comments section below.

The plaintiff is represented by Dan Shaked of the Shaked Law Group PC.

The Peloton ADA Class Action Lawsuit is Jones v. Peloton Interactive Inc., Case No. 1:20-cv-00662, in the U.S. District Court for the Eastern District of New York.

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