A visually-impaired woman has taken legal action against a company for failing to make its website accessible to blind users, alleging violations of the Americans with Disabilities Act (ADA). Nicole Davis filed a class-action complaint on November 15, 2024, in the United States District Court for the Northern District of Illinois against FBA Operating Co., claiming that their website, Bluatlas.com, is not usable by individuals who are blind or visually impaired.
The lawsuit stems from Davis's personal experience as a legally blind individual who requires screen-reading software to navigate websites. According to the complaint, Bluatlas.com contains numerous access barriers that prevent her and others like her from accessing the goods and services offered by FBA Operating Co. These barriers include inaccurate landmark structures, unclear labels for interactive elements, ambiguous link texts, and requirements for mouse usage which cannot be fulfilled by keyboard navigation alone. The lack of accessibility features such as alternative text for images and properly labeled forms further exacerbates these issues. As a result, Davis was unable to complete an online purchase of shampoo and face moisturizer on Bluatlas.com.
Davis argues that these deficiencies constitute discrimination under the ADA, which mandates equal access to public accommodations. She emphasizes that despite readily available technology solutions that could make websites accessible to visually impaired users—such as those employed by other major retailers—FBA Operating Co. has failed to implement them. This failure not only excludes blind individuals from participating in the digital marketplace but also forces them to rely on sighted companions or visit physical stores for shopping needs.
In her complaint, Davis seeks a permanent injunction requiring FBA Operating Co. to modify its website policies and practices to ensure accessibility for blind consumers. Additionally, she requests compensatory damages for herself and other class members who have faced discrimination due to these access barriers. The lawsuit highlights the broader issue of web accessibility and its impact on millions of visually impaired individuals across the United States.
Representing Davis in this case is attorney Paul Camarena from Chicago. The case has been assigned Case No.: 1:24-cv-11775 in front of the United States District Court for the Northern District of Illinois.