ACCESS NOW, INC., on behalf of its members; R. DAVID NEW; STEPHEN THÉBERGE; and AUDRA DEPINA vs. THREDUP, INC. (Case 1:17-cv-11223-ADB )

ACCESS NOW, INC., on behalf of its members; R. DAVID NEW; STEPHEN THÉBERGE; and AUDRA DEPINA, represented by Block & Leviton LLP; CARLSON LYNCH SWEET KILPELA & CARPENTER, LLP, filed suit in Federal of Massachusetts on 2017-06-30 alleging that THREDUP, INC. website www.thredup.com/ is not accessible using the following testing standard(s): WCAG 2.0.

The plaintiff's issues with the site mentioned in the suit include:

  • Because of thredUP’s failure to build its Website in a matter that is compatible with screen reader programs, he is unable to understand, and thus is denied the benefit of, much of the content and services he wishes to access or use.
  • Multiple buttons on the Website are missing proper labels sufficiently describing their action to a screen reader user.
  • ThredUP’s failure to build its Website in a matter that is compatible with screen reader programs, she is unable to understand, and thus is denied the benefit of, much of the content and services he wishes to access or use.
  • The Website does not provide a text equivalent for every non-text element;
  • The Website does not provide alternatives that present information in a way that sight or hearing impaired visitors can use for audio-only or video-only pre-recorded media presentations;
  • The Website does not provide information about the meaning and structure of content by more than the visual presentation of content;
  • In some instances, the Website uses color as the only visual means of conveying meaning; making it difficult for individuals with low vision to navigate;
  • Text cannot be resized up to 200 percent without assistive technology so that it may still be viewed without loss of content or functionality;
  • The Website does not always provide a mechanism to bypass blocks of content that are repeated on multiple web pages;
  • Web pages lack titles that describe their topic or purpose;
  • The purpose of each link cannot be determined from the link text alone or from the link text and its programmatically determined link context;
  • Not all headings and labels describe their topic or purpose;
  • Keyboard user interfaces lack a mode of operation where the keyboard focus indicator is visible;
  • The default human language of each Web page cannot be programmatically determined;
  • In content implemented using markup languages, elements do not always have complete start and end tags, are nested according to their specifications, may contain duplicate attributes, and IDs are not always unique; and
  • The name and role of all UI elements cannot be programmatically determined; things that can be set by the user cannot be programmatically set; and/or notification of changes to these items is not available to user agents, including assistive technology.

The plaintiff is seeking the following (Prayer for relief):

  • A Declaratory Judgment that at the commencement of this action thredUP, Inc. was in violation of the specific requirements of Title III of the ADA described above, and the relevant implementing regulations of the ADA, in that thredUP, Inc. took no action that was reasonably calculated to ensure that its Website is fully accessible to, and independently usable by, individuals with visual disabilities;
  • A permanent injunction pursuant to 42 U.S.C. § 12188(a)(2) and 28 CFR § 36.504 (a) which directs thredUP, Inc. to take all steps necessary to bring its Website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that its Website is fully accessible to, and independently usable by, blind individuals, and which further directs that the Court shall retain jurisdiction for a period to be determined to ensure that thredUP, Inc. has adopted and is following an institutional policy that will in fact cause thredUP, Inc. to remain fully in compliance with the law—the specific injunctive relief requested by Plaintiffs is described more fully above.
  • Payment of costs of suit;
  • Payment of reasonable attorneys’ fees, pursuant to 42 U.S.C. § 12205 and 28 CFR § 36.505; and;
  • The provision of whatever other relief the Court deems just, equitable and appropriate.

The specific laws that THREDUP, INC. allegedly violated include:

  • Title III of the ADA, 42 U.S.C. § 12181 et seq
  • 42 U.S.C. § 12182(b)(2)(A); 28 C.F.R. §§ 36.303(a)
  • 28 C.F.R. §§ 36.303(b)(2), (4).
  • 28 C.F.R. §§ 36.303(c)(1)(ii)