- with readers working within the Banking & Credit industries
Last month, Chewy, Inc. ("Defendant") was named as a defendant in an Americans with Disabilities Act ("ADA") class action lawsuit filed in the United States District Court for the Southern District of New York. Plaintiff, who is legally blind, alleged that Defendant violated the ADA because its website contained accessibility barriers for visually impaired individuals. Below, we discuss how the ADA applies to online venues and the specifics of the subject website ADA lawsuit brought against the Defendant.
As our readers are aware, Title III of the ADA prohibits discrimination on the basis of a disability "in the full and equal enjoyment of the goods [and] services . . . of any place of public accommodation." Self-declared "testers," such as Plaintiff, typically browse and evaluate websites for potential accessibility issues. Often, these individuals have no genuine intention of visiting a company's physical location or engaging in a commercial transaction through use of the website. Instead, they initiate litigation and seek monetary and/or injunctive relief based on alleged noncompliance with accessibility standards. With website ADA claims steadily increasing, it is imperative that businesses proactively implement and maintain effective digital accessibility compliance measures to limit legal exposure.
The Chewy Website ADA Lawsuit
The Plaintiff in Wright v. Chewy, Inc.,is a visually impaired woman who relies on a screen reader to navigate websites. Screen readers convert digital content into auditory output, enabling visually impaired users to access and interact with online information. According to Plaintiff, accessibility barriers on Defendant's website prevented her screen reader from accurately relaying auditory cues. As a result, Plaintiff claims that she was unable to complete an online purchase of products for her pet cat. Accordingly, Plaintiff asserts that she is entitled to relief under the ADA.
Important Considerations When Facing Website Accessibility Claims
In internet accessibility lawsuits, a plaintiff typically suffers an injury in fact when, among other things, it is reasonable to infer that the plaintiff intends to return to the subject website or location. However, to be actionable, a plaintiff's risk of future harm must be "material" and "sufficiently imminent and substantial."
Plaintiffs frequently rely on generalized or conclusory allegations of intent to return to the subject websites in an effort to meet this standard. In many actions, these allegations are mere boilerplate and mirror language found in numerous website accessibility lawsuits filed by "testers" across jurisdictions. For example, in Chewy,Plaintiff alleges that she "accessed [the subject website] after her case counselor identified it as the only retailer offering both products at accessible price points, with instructional support materials and autoship options." Certain courts have made clear that threadbare recitals and conclusory allegations parroting statutory language do not allow plaintiffs to proceed beyond the pleading stage. Given the foregoing, businesses must conduct a fact-intensive inquiry to scrutinize every aspect of website accessibility claims for validity.
Use Preventative Measures to Curtail Website ADA Lawsuits
Many businesses are all too familiar with receiving demand letters alleging violations of the ADA. Often, "testers" distribute hundreds of nearly identical letters after brief website visits, seeking money settlements and demanding accessibility-related remediation. If left unaddressed, these demand letters can quickly escalate into full-blown lawsuits.
Website operators should stay informed of evolving online ADA requirements and proactively implement digital accessibility measures. To minimize legal exposure, it is essential to consult with experienced attorneys. The attorneys at Klein Moynihan Turco regularly defend lawsuits involving alleged website accessibility barriers and related disability-based discrimination.
If you are interested in learning more about this topic or require representation in connection with issues involving website accessibility, please e-mail us at info@kleinmoynihan.com or call us at (212) 246-0900.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
