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ADA Website Accessibility Lawsuit: a musical instrument manufacturer

Case #NY-18733314 · District Court, S.D. New York · Filed December 10, 2020

Plaintiff's Firm: COHEN & MIZRAHI LLP

WCAG 2.1 AAMissing Alt TextEmpty LinksUnlabeled UI ElementsScreen Reader Incompatibility

Case Summary

Plaintiff Christian Sanchez, an individual with visual impairments, initiated a class action against an online musical instrument retailer in the United States District Court for the Southern District of New York on December 9, 2020. Represented by Cohen & Mizrahi LLP, Sanchez alleges that the digital platform fails to provide equal access to its goods and services for blind and visually-impaired individuals, thereby violating federal and state accessibility laws.

The complaint specifically details several critical accessibility barriers encountered on the defendant organization's website. These include the lack of alternative text for non-text elements and images within links, which prevents screen readers from vocalizing descriptions of graphics. Furthermore, the site suffers from empty links devoid of text, causing confusion for keyboard and screen-reader users, and redundant links leading to the same URL, which introduces unnecessary navigation. Other issues involve unlabelled navigation buttons, product descriptions, color options, and prices that are inaccessible via keyboard navigation, along with improperly labeled multiple images that lack full descriptions. The 'find a store' function also failed to convey necessary input information when a new window opened.

This action underscores the growing legal imperative for all businesses operating online to ensure their digital properties adhere to established accessibility standards, such as WCAG 2.1 guidelines. Companies neglecting to implement these widely accepted benchmarks face significant exposure to similar class action lawsuits, risking not only substantial legal fees and damages but also alienating a considerable segment of potential customers. The persistent failure to provide an inclusive online experience can lead to ongoing discrimination claims, compelling businesses to re-evaluate and proactively remediate their digital accessibility frameworks.

Case Q&A

What accessibility issues were alleged against the online platform?

The complaint cited numerous accessibility shortcomings, including missing alternative text for images and non-text elements, empty and redundant links, and unlabeled interactive elements such as navigation buttons, product descriptions, and price information. Additionally, the online platform's "find a store" function failed to properly convey necessary input instructions to screen readers.

Who is representing the visually-impaired plaintiff in this class action?

Christian Sanchez, the visually-impaired plaintiff, is represented by the law firm Cohen & Mizrahi LLP in this class action lawsuit.

What broader implications does this lawsuit hold for other digital businesses?

This litigation highlights the critical need for all online businesses to adopt and maintain digital accessibility standards, such as WCAG 2.1. Non-compliance can result in legal challenges under ADA Title III, potential class action suits, and the exclusion of visually-impaired users, emphasizing the importance of proactive accessibility remediation.

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