Walmart Inc. has been hit with a class action lawsuit by a consumer who claims that the company’s website violates the Americans with Disabilities Act (ADA.)
Plaintiff Kahlimah Jones says Walmart’s website makes it impossible for deaf and hearing-impaired individuals, such as herself, to understand the audio parts of videos that are attached to the website.
Jones says she was looking to buy exercise and fitness equipment and went to the Walmart website to watch videos of home gyms and treadmills that she was interested in potentially buying.
She claims she tried to view the videos associated with the “Best Choice Products 800W Portable Folding Electric Motorized Treadmill Machine w/Rolling Wheels” and the “Gold’s Gym XRS 50 Home Gym.”
Jones notes she is bringing this class action lawsuit for not designing, constructing, and operating a website that is accessible to deaf and hearing-impaired individuals.
The defendant excludes the hard of hearing from the “full and equal participation in the growing Internet economy” that is a necessary part of daily living, according to the Walmart class action lawsuit.
There are around 36 million people in the United States that are deaf or hearing impaired, according to the plaintiff. Many of these individuals need captioning to fully understand the audio part of video content that is posted to websites.
Closed captioning allows individuals the opportunity to watch videos on websites by reading the captioned text.
“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 Walmart class action alleges.
Unless Walmart fixes the numerous access barriers on their website, Jones allegedly will be unable to independently view videos on the site.
“This complaint seeks declaratory and injunctive relief to correct Defendant’s policies and practices to include measures necessary to ensure compliance with federal and state law, to include monitoring of such measures, and to update and remove accessibility barriers on the Website,” says the Walmart class action lawsuit.
The plaintiff also claims that Walmart’s website is a “place of public accommodation,” so videos that deny equal access violates the ADA. Thus, Jones is seeking injunctive and declaratory relief to ensure that hearing-impaired and deaf people have fair access to the website.
“Due to Defendant’s policy and practice of failing to remove access barriers, deaf and hard-of-hearing persons have been and are being denied full and equal access to independently browse and watch videos on the Website,” the Walmart class action lawsuit alleges.
Jones has also filed class action lawsuits against Dick’s Sporting Goods and Peloton over similar claims.
Are you hard of hearing and had trouble accessing videos on Walmart’s website? Leave a message in the comments section below.
The plaintiff is represented by Dan Shaked of the Shaked Law Group PC.
The Walmart ADA Class Action Lawsuit is Kahlimah Jones v. Walmart Inc., Case No. 1:20-cv-00790, in the U.S. District Court for the Southern District of New York.
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24 thoughts onWalmart Class Action Claims Website Disregards ADA
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I am hard of hearing, created issues. please add me
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I am hard of hearing and I have had difficulty accessing videos on Walmart’s website. Please add my name. Thank you.
please add me!
I am and have been hard of hearing for most my life. I too have passed up product to buy because I couldn’t hear the videos which is very disappointing
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I am hard of hearing and i do have and had difficulty with videos with walmark please add me
I am hard of hearing and I have had difficulty accessing videos on Walmart’s website. Please add my name. Thank you.