A New York plaintiff has accused Verizon Wireless of violating their rights under Title III of the Americans with Disabilities Act (ADA).
The September 4, 2024 complaint alleges that the company’s website fails to be “fully accessible to and independently usable by" people who are blind or visually impaired. Plaintiff Derek Pollitt, who is legally blind, says that he was unable to shop for a new phone using Verizon’s eStore without help from another person.
“Due to Verizon.com’s inaccessibility, Plaintiff and blind customers cannot find information about the location of store, provided services and some additional information about the services and goods located in store,” the complaint reads.
“By contrast, if Verizon.com was accessible, a blind person could independently investigate services, compare features, discounts, promotions and prices via the
Internet as sighted individuals can and do.”
The lawsuit specifically identifies the Web Content Accessibility Guidelines (WCAG) version 2.2 as a reasonable standard for digital accessibility. Several alleged WCAG failures are cited as evidence:
- Missing text alternatives for images.
- Hyperlinks that do not have descriptive link text.
- No programmatically determinable names for many user interface components, which can prevent content from working with screen readers (software that converts text to audio) and other assistive technologies
The Bureau of Internet Accessibility has not evaluated the specific claims in the lawsuit.
Related:Why New York Leads the U.S. in Digital Accessibility Lawsuits
The lawsuit alleges that blind users must "rely on sighted companions to access services
Under the ADA, business websites must be accessible, even if customers can purchase products at brick-and-mortar retail locations. The reasoning is simple: In most cases, ordering a product online is significantly easier than visiting a physical store.
Often, businesses offer discounts and promotions that are only available online — and people with disabilities have the same right to those promotions as other users.
Notably, Pollitt’s lawsuit goes into detail about how the alleged accessibility barriers had an impact on his shopping experience.
“Plaintiff browsed and intended to analyze and use services provided by Defendant on Verizon.com,” the complaint reads. “Plaintiff wanted to buy a new phone for himself, so he needed to find a nearby electronics store.Therefore, he decided to conduct a Google search. As a result, he found the Defendant's website.”
“Despite not having the most efficient browsing experience on the website due to accessibility issues, Plaintiff managed to select a product of interest. However, he was unable to complete the purchase of the desired phone due to numerous accessibility difficulties emerging during his navigation.”
Related: ADA Tax Credits for Web Accessibility: What to Know
WCAG is the international standard for digital accessibility compliance
While the total number of federal digital accessibility lawsuits fell slightly in 2023, many law firms began filling state-level cases in Pennsylvania, New York, and New Jersey that year. Those cases are more difficult to track — except when they involve a major plaintiff like Verizon.
And while more businesses are acknowledging the importance of digital accessibility, the vast majority of websites have serious barriers. In WebAIM’s 2024 analysis of the home pages of the top 1 million websites, 95.9% of pages had detectable WCAG failures.
That’s a problem for businesses. The Department of Justice (DOJ) has expressed its opinion that websites and mobile apps are “places of public accommodation" under Title III of the ADA, which means that accessibility issues could violate the law.
The DOJ web guidance suggests using the Level AA standards of the latest version of WCAG to test content for accessibility. WCAG is also the basis for Title II of the ADA (which applies to government agencies), as well as a host of international non-discrimination laws.
Related: International Web Accessibility Laws: An Overview
To improve digital compliance, start with WCAG
The good news is that there’s an incredibly strong business case for accessibility. When websites work well with assistive technologies, they work better for all users — which can lead to more traffic, more conversions, and improved branding.
If you’re building a plan for ADA compliance, we’re here to help. The Bureau of Internet Accessibility provides resources to implement the latest version of WCAG, including our free graded web accessibility report.
Learn more by visiting our Compliance Roadmap or send us a message to connect with an expert.
