Retail Web Accessibility Complaint Repository

The following list summarizes some of the many high profile Web Accessibility lawsuits and complaints filed in association with the Retail industry.

Check-in regularly for updates.

The lawsuits against Hugo Boss, New Balance, Perry Ellis, True Religion, Harbor Freight Tools, Genesco, Estee Lauder, Bed Bath & Beyond, Patagonia, Colorado Bag’n Baggage, Toys “R” Us, Reebok, and Ace Hardware are ongoing.

Hugo Boss

• Year: 2016
• Complaint: Website discrimination under the Americans with Disabilities Act

Summary: A lawsuit was brought against Hugo Boss when a person who is blind was unable to purchase merchandise from the retailer’s website and finding store locations through the website. It was filed under discrimination under the Americans with Disabilities Act because the website was inaccessible to people who are blind because of the barriers it contained. The lawsuit is seeking to have Hugo Boss make its website fully accessible, hire an accessibility coordinator, and make its accessibility policies and accommodations available online.

Related Resources

Hugo Boss Class Action Says Website Inaccessible to the Blind

New Balance

• Year: 2016
• Complaint: Violation of the Americans with Disabilities Act

Summary: The lawsuit was filed by a Florida man who is legally blind and is considered disabled under the Americans with Disabilities Act. He uses the screen reader software JAWS to navigate websites. The New Balance retail website contains barriers to JAWS, making it inaccessible to him and other people who have visual impairments. Since the website is an extension of the brick-and-mortar retail stores, he claims it falls under the ADA’s definition of “public accommodation.” The plaintiff is wanting a court order to make the New Balance website fully accessible to people with visual impairments.

Related Resources

New Balance, Perry Ellis Class Actions Say Websites Violate ADA

Perry Ellis

• Year: 2016
• Complaint: Violation of the Americans with Disabilities Act

Summary: Andres Gomez is bringing a lawsuit against retailer Perry Ellis for discrimination under the Americans with Disabilities Act because its website, Original Penguin, is inaccessible to people with visual impairments. Gomez is legally blind and uses a screen reader to access and navigate online content. The Original Penguin website does not have adequate alternative text and has links with text, making the screen reader unable to read the content to Gomez. Gomez is seeking the court to order Perry Ellis to make Original Penguin accessible to people with visual impairments.

Related Resources

New Balance, Perry Ellis Class Actions Say Websites Violate ADA

True Religion

• Year: 2016
• Complaint: Violation of the Americans with Disabilities Act

Summary: A lawsuit alleges that True Religion Brand Jeans website is inaccessible to people with visual impairments. The plaintiff, who is blind, was looking to buy merchandise on the True Religion website when he was unable to access content with his screen reader. He is looking for True Religion to update their accessibility policies and make their website accessible to people with visual impairments.

Related Resources

True Religion Class Action Lawsuit Says Website Violates ADA

Harbor Freight Tools USA, Inc.

• Year: 2016
• Complaint: Violation of the Americans with Disabilities Act

Summary: A not-for-profit and three individuals who are blind filed a lawsuit against Harbor Freight Tools because their website contained barriers that did not allow users who are blind full access to its content. They allege that by having an inaccessible website, Harbor Freight Tools is violating the Americans with Disabilities Act. They are asking Harbor Freight Tools to make their website fully accessible to people who are blind.

Related Resources

Suit claims website not fully accessible to the blind, visually impaired

Genesco

• Year: 2016
• Complaint: Violation of the Americans with Disabilities Act

Summary: A suit was filed against retailer Genesco, Inc. that their website was not inaccessible to people with visual impairments, violating Title III of the Americans with Disabilities Act. The website contained barriers that do not provide assistive technologies, such as screen readers, to access the web content. The suit is pursing Genesco to change its accessibility policies and procedures to make their website accessible to individuals with disabilities and those who use assistive technologies.

Related Resources

Suit says website not accessible to blind, visually impaired

Estee Lauder

• Year: 2015
• Complaint: Violation of the Americans with Disabilities Act

Summary: Michelle Sipe, Jill Gros, and R. David New have visual impairments and depend on screen readers to read websites. The Estee Lauder website contains barriers to the screen reader, making the website inaccessible to people with visual impairments. They allege that Estee Lauder is violating the Americans with Disabilities Act, limits their independence, and causing them inconvenience and emotional anguish.

Related Resources

Visually impaired customers sue Estee Lauder for failure to comply with ADA regulations

Bed Bath & Beyond

• Year: 2015
• Complaint: Violation of the civil rights of people who are blind

Summary: A resident of New York, Cristhian Diaz was unable to complete a purchase on the Bed Bath & Beyond website due to inaccessibility. Diaz is legally blind and uses a screen reader to navigate the web, the Bed Bath & Beyond website had barriers which did not allow him to access the website fully. By denying all users full access, Bed Bath & beyond is violating the Americans with Disabilities Act and the New York State and City Human Rights Laws. Diaz would like Bed Bath & Beyond to be fully accessible to people with visual impairments.

Related Resources

Bed Bath & Beyond Suit Alleges Website Violates ADA for Blind

Patagonia

• Year: 2015
• Complaint: Inaccessible website for people with disabilities

Summary: Three individuals who are blind and use screen readers filed a lawsuit against Patagonia alleging that their website is inaccessible to people who are blind and have visual impairments. This is said to violate Title III of the Americans with Disabilities Act because they are denied full access to the website as consumers and users of Patagonia’s goods and services. The plaintiffs are asking for Patagonia to make their website fully accessible to people with disabilities.

Related Resources

Michelle Sipe et al. v. Patagonia Works, Inc. Complaint for Permanent Injunction

Colorado Bag’n Baggage

• Year: 2015
• Complaint: Violation of the Americans with Disabilities Act

Summary: Edward Davis, who is blind, sued Colorado Bag’n Baggage because their commercial website was inaccessible to him and violated the Americans with Disabilities Act and the California anti-discrimination law. In a landmark ruling, Judge Bryan F. Foster of San Bernardino Superior Court ordered Colorado Bag’n Baggage to amend their website so it is accessible to people who are blind, after restitution and reimbursement of legal fees.

Related Resources

Court Orders Company to Make Website Accessible to the Blind

Toys “R” Us

• Year: 2015
• Complaint: Violation of Title III of the Americans with Disabilities Act

Summary: Michelle Sipe, who is blind, filed the lawsuit against Toys “R” Us that their website violated the Americans with Disabilities Act because their website is inaccessible to people with disabilities. The Toys “R” Us website contained barriers that made the screen reader unable to access web content. Michelle Sipe would like Toys “R” Us to be compliant with ADA requirements by making their website fully accessible to people with disabilities.

Related Resources

Blind woman sues Toys “R” Us, alleging violation of federal disabilities act

Complaint for Permanent Injunction [PDF]

Reebok

• Year: 2015
• Complaint: Violation of the Americans with Disabilities Act

Summary: Jose Del-Orden, who is blind, filed a class-action lawsuit against Reebok for denying equal access on their website. When trying to shop on the Reebok website, Del-Orden was unable to due to barriers on the companies website, making it inaccessible to people with disabilities and violating the Americans with Disabilities Act.

Related Resources

Reebok ADA Class Action Lawsuit

Ace Hardware Corporation

• Year: 2015
• Complaint: Disability discrimination on the basis of website accessibility

Summary: In the lawsuit, the party alleges that Ace hardware violated the American with Disabilities Act because their website is inaccessible to people with disabilities. The screen readers used by people with disabilities encountered barriers on the Ace Hardware website, making the content unreadable and inaccessible to people who are visually impaired.

Related Resources

Nonprofit sues Ace Hardware Corp. claiming failure to comply with disability regulations

Target

• Year: 2009
• Complaint: Inaccessible website to people who are blind

Summary: Starting in 2005, the National Federation of the Blind notified Target that there website was inaccessible to people with disabilities, which led to a lawsuit in 2006. The website lacked alternative text (alt-tags) and headings were missing to be able to navigate the website with a screen reader and a computer mouse was needed to complete online purchases, making the website inaccessible to people with disabilities. After monetary awards, Target also agreed to make their website accessible, and quarterly accessibility testing done by the National Federation of the Blind. Total cost to Target is estimated at $6 Million.

Related Resources

National Federation of the Blind et al. v. Target Corporation Settlement Agreement [PDF]

Target to pay $6 million to settle site accessibility suit

CVS

• Year: 2009
• Complaint: Violation of the Americans with Disabilities Act

Summary: CVS entered into a settlement agreement with American Council of the Blind, American Foundation for the Blind, and California Council of the Blind to make their website and point of sale devices accessible to people with disabilities. Claimants who have visual impairments contacted CVS to let them know that their website was inaccessible to people with visual impairments because it contained barriers inhibiting access by screen readers. In the settlement agreement, CVS agreed to make their website accessible to people with visual impairments by following the standards in the Web Content Accessibility Guidelines (WCAG).

Related Resources

CVS Accessible Website and Point of Sale Settlement Agreement

Staples

• Year: 2009
• Complaint:

Summary: Similar to CVS, Staples entered into a settlement agreement with the American Council of the Blind, the American Foundation for the Blind, and the California Council of the Blind to make their point of sale services and website accessible for people with disabilities. To make their website accessible, Staples will follow the Web Content Accessibility Guidelines (WCAG).

Related Resources

Staples Point of Sale Press Release

RadioShack

• Year: 2007
• Complaint: Violation of the Americans with Disabilities Act

Summary: Similar to CVS and Staples, Radio Shack entered into an agreement with American Council of the Blind, the American Foundation for the Blind, and California Council of the Blind to make their point of sales systems and website accessible to people with disabilities. RadioShack agreed to make their website accessible by following the Web Content Accessibility Guidelines (WCAG).

Related Resources

RadioShack POS and Web Agreement