Thompson v. Walmart, Inc

Summary

On March 11, 2021, Tyrone Thompson filed a Complaint in California Federal court against Walmart, Inc.. Plaintiff Tyrone Thompson alleges that www.walmart.com is not accessible per the WCAG 2.1 accessibility standard(s).

About the defendant

Wal-Mart is the world's largest company by revenue selling consumer goods at retail and via the internet.

What the complaint says

The problems the plaintiff describes with the website.

• Landmarks such as main content and footer are not built using their corresponding HTML5 element and/or do not include a description using an “aria-label” attribute and a “role” tag that equals to “content info” or “main;”
• Font icons, SVG (“Scalable Vector Graphics”) or images that are being used as spacers, decorations or their purpose is already described by the content;
• All links do not include text that is setting expectations to what page they are leading to, and if empty links are used as layout wrapping elements, a screen-reader only text or an “aria-label” attribute should be used for that description;
• Links that open in a new tab or new window do not have an “aria-label” attribute or a screen reader only element explaining to screen-readers that this opens a new tab;
• The Website does not contain hidden links on every page that enable a person by clicking on them (either using keyboard navigation or a screen reader) to “skip” certain blocks directly to main landmarks such as main content, menu or footer;
• Not all iframe elements include a “title” or an “aria-label” attribute explaining the purpose, the functionality or the destination of the iframe, or be tagged hidden for screen-readers if irrelevant;
• Links are used as layout wrapping elements, a screen-reader only text or an “aria-label” attribute should be used for that description consistently; and
• Links do not include a “role” attribute that equals to “presentation” or “none.”

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

• Violations of the Americans With Disabilities Act, 42 U.S.C. § 12181 et seq.
• Violations of the Unruh Civil Rights Act, California Civil Code § 51 et seq.

What the plaintiff asks for

What the plaintiff wants the court to order.

• A preliminary and permanent injunction pursuant to 42 U.S.C. § 12188(a)(1) and (2) and section 52.1 of the California Civil Code enjoining Defendant from violating the ADA and Unruh Civil Rights Act and requiring Defendant to take the steps necessary to make its Website and App readily and fully accessible to and usable by individuals with visual impairments;
• An award of statutory minimum damages of $4,000 per offense pursuant to section 52(a) of the California Civil Code.
• An award of attorneys’ fees and expenses pursuant to California Civil Code §§ 52(a), 52.1(h), 42 U.S.C. § 12205, and any other applicable provision of law;
• For pre-judgment interest to the extent permitted by law;
• For costs of suit; and,
• For such other and further relief as the Court deems proper.