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Financial Services Law Insights and Observations

District Court certifies class in website accessibility ADA suit

Courts Americans with Disabilities Act Class Action Settlement

Courts

On June 10, the U.S. District Court for the Western District of Pennsylvania certified a putative class action against an online apparel company related to alleged violations of the Americans with Disabilities Act (ADA). The plaintiff claimed that he was unable to access the defendant’s website because the website did not facilitate access to customers using screen readers or other auxiliary aids. This lack of access made the website not fully accessible to individuals who are blind or visually impaired—a “violation of the effective communications and equal access requirements of Title III” of the ADA. The plaintiff sued, seeking to include a class of similarly situated blind and visually impaired individuals who use screen readers or other auxiliary aids to access the defendant’s website and/or mobile app. According to the plaintiff, the defendant failed to have in place adequate policies and practices to ensure its website was fully accessible, and that, although the defendant maintains a single brick-and-mortar location, most of its sales are digital. In certifying the class, the court determined, among other things, that the defendant’s “website and other digital properties affected all members of the class, and thus the class as a whole shares the same interest in obtaining the injunctive relief provided by the settlement—prospective changes to [defendant’s] digital properties.” The court also preliminarily approved the proposed class action settlement, which requires, among other things, that the defendant make several changes to its policies and procedures to ensure accessibility of its digital properties and to make sure it complies with the Web Content Accessibility Guidelines 2.1.

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