A legally blind individual has filed a lawsuit against a major collectibles company, accusing it of failing to make its digital properties accessible to visually impaired users. The complaint was lodged by Tentya Booker in the United States District Court for the Northern District of Illinois on October 14, 2024, targeting Pop Mart Americas Inc.
The lawsuit stems from Pop Mart's alleged non-compliance with the Americans with Disabilities Act (ADA), specifically Title III, which mandates effective communication and equal access for individuals with disabilities. According to the complaint, approximately 2.3% of the American population lives with some form of visual disability, making accessibility to digital platforms crucial in today's e-commerce-driven world. The plaintiff highlights that since the pandemic, online shopping has surged significantly, underscoring the importance of accessible digital interfaces for all users.
Tentya Booker claims that Pop Mart's website is not formatted to accommodate screen-reading software used by visually impaired individuals. This software translates visual content into auditory cues, allowing users like Booker to navigate websites using auditory signals instead of visual ones. However, she alleges that Pop Mart's site contains numerous barriers that prevent her from accessing essential features such as product details and purchasing options. For instance, when attempting to buy 'Disney Trendy Figures,' she encountered obstacles like inaccessible pop-ups and menus that do not receive screen-reader focus.
Booker seeks a permanent injunction requiring Pop Mart to overhaul its digital platform policies and ensure compliance with ADA standards. She demands that the company engage a qualified web accessibility consultant to assist in improving website accessibility and provide regular training for employees involved in digital content development. Additionally, she requests periodic audits and user testing by individuals who are blind or have low vision to maintain ongoing accessibility improvements.
The case is represented by attorneys Benjamin J. Sweet and Jonathan D. Miller from Nye, Stirling, Hale, Miller & Sweet LLP. It is presided over by judges at the United States District Court for the Northern District of Illinois under Case ID 1:24-cv-10204.