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Tuesday, November 5, 2024

Visually Impaired Plaintiff Sues Puma North America Over Mobile App Accessibility

Federal Court
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In a significant legal development, a visually impaired individual has filed a lawsuit against a major retail company for alleged violations of the Americans with Disabilities Act (ADA). Robert Jahoda filed the complaint in the United States District Court for the Western District of Pennsylvania on August 22, 2024, targeting Puma North America, Inc.

The lawsuit, spearheaded by Jahoda and his legal team from Carlson Brown, aims to enforce accessibility standards on Puma's mobile application. Jahoda, who has been blind for his entire adult life, relies on screen reader software like VoiceOver to navigate digital platforms. He asserts that Puma's mobile app is riddled with access barriers that prevent him and other visually impaired individuals from using it effectively. According to the complaint, "Defendant’s mobile application was unusable by Plaintiff as a result of myriad access barriers."

Jahoda highlights several specific issues within the app that hinder accessibility. For instance, elements such as buttons and menus are not properly labeled or formatted for screen readers. The complaint details how sighted users can easily navigate through options like "SHOP MEN'S" and "SHOP WOMEN'S," while these features remain inaccessible to those using VoiceOver software. Jahoda argues that this lack of accessibility denies him equal access to goods and services offered by Puma.

The plaintiff underscores the broader implications of digital accessibility, especially in an era increasingly dependent on online transactions. "As the world becomes more dependent upon digital technology...the vision-impaired community risks being left behind," Jahoda states in his filing. He also points out that accessible technologies became even more crucial during the recent pandemic when many people turned to online shopping as their primary means of obtaining goods.

Jahoda seeks a permanent injunction requiring Puma to modify its corporate policies to ensure its mobile application becomes and remains accessible to individuals with visual disabilities. He also requests ongoing monitoring by his counsel to ensure compliance with ADA standards. Additionally, he demands payment of costs of suit and reasonable attorneys' fees.

Representing Jahoda are attorneys R. Bruce Carlson and Ian M. Brown from Carlson Brown law firm. The case is presided over by Judge Schwab under Case No. 2:24-cv-1196.

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