Digital Accessibility Lawsuits of 2022

2022 has seen another significant increase in digital accessibility lawsuits that have rocked many high-profile brands. These cases have stemmed from people’s inability to access or use a company’s customer-facing platforms whether it is a website, ordering service, or another online platform. In order to avoid facing similar legal action, companies and institutions alike must invest in and prioritize digital accessibility to ensure equal access for all people that visit their online platforms.

Here is a list of the most notable cases that were filed or have progressed in 2022:

Digital Accessibility Lawsuits of 2022

Brown v. Grocery Delivery E-Services USA, Inc. (HelloFresh)

With the popularity of meal-planning services, HelloFresh is a large and influential player in this market. Thus, to see a digital accessibility lawsuit filed against them can have serious consequences when it comes to brand reputation and stability. The plaintiff, Lamar Brown, has alleged that the HelloFresh website is unable to provide an accessible digital shopping service for those that use screen reading software.

Brown claims that the company has violated the ADA, New York State Civil Rights Law, and the New York State Human Rights Law. The lawsuit states, “The access barriers make it impossible for blind and visually impaired users to even complete a transaction on the website.”

Brown v. Marriott International, Inc.

Lamar Brown has also filed a similar suit against Marriott International, alleging that their website is inaccessible to those with blindness and visual impairments. He described their  website as being an “exclusively visual interface,” going on to say that “Marriott International excludes the blind and visually impaired from the full and equal participation in the growing Internet economy that is increasingly a fundamental part of the common marketplace and daily living.”

Vergara v. Kohl’s, Inc.

In January 2022, Pedro Vergara was unable to shop or complete any purchases on Kohls.com because of his visual impairment. The Kohls website was alleged to be inaccessible and incompatible with assistive technologies. Within the lawsuit, it is alleged that the Kohl’s website had inaccessible buttons and links that were mislabeled or not labeled whatsoever. These included buttons that were necessary to make a purchase on the website including the search button, item prices, product details, and the shopping cart icon.

Robles v. Domino’s Pizza

This case is a relatively old one, having gone to trial over six years ago. However, after making its way through the judicial system, the parties finally settled the case on June 6th, 2022. Though the terms of the resolution are not known, it is safe to assume that this case has had a financial impact on Domino’s and perhaps an even more significant impact on its brand reputation and perception.

Dawkins v. Mrs. Fields Famous Brands, LLC

In May of 2022, Elbert Dawkins filed a suit alleging that the Mrs. Fields website was inaccessible to him. Dawkins uses a screen reader to use and navigate websites due to his blindness. However, he was unable to identify and purchase products because the website was not “designed to be compatible” with his screen reader tool and software.

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