Anne Bucher  |  February 13, 2023

Category: Disability Class Action Lawsuit

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Close up of a female hand using a computer mouse, representing the Henri's Cloud Nine website class action.
(Photo Credit: Pressmaster/Shutterstock)

Henri’s Cloud Nine class action lawsuit overview:

  • Who: Plaintiff Iliana Lopez has filed a class action lawsuit against Henri’s Cloud Nine LLC.
  • Why: The Henri’s Cloud Nine website is allegedly not accessible to blind and visually-impaired customers.
  • Where: The Henri’s Cloud Nine class action lawsuit was filed in New York federal court.

Henri’s Cloud Nine LLC operates a website that is not accessible to blind and visually-impaired customers, according to a class action lawsuit filed Feb. 7 in New York federal court.

Plaintiff Iliana Lopez, a visually-impaired and legally blind person, says she requires screen-reading software to read website content on her computer. When she visited the Henri’s Cloud Nine website to purchase a dress, she says she could not easily reach the checkout page to complete the transaction.

Henri’s Cloud Nine website fails to utilize available accessibility technology, plaintiff says

The Henri’s Cloud Nine class action lawsuit alleges the website contains barriers to access that prevent blind and visually impaired consumers from free and full use of the website, even though there is readily available accessible technology that is used by other popular retailers’ websites.

These “pervasive” barriers allegedly include ambiguous link texts, inaccurate alt text on graphics, lack of navigation links, inadequate labeling of form fields and the requirement that certain transactions are performed only with the use of a mouse.

Lopez argues blind consumers cannot use a mouse because manipulating the mouse involves visual activity to move the pointer to specific locations on the web page.

“The blind have an even greater need than the sighted to shop and conduct transactions online due to the challenges faced in mobility,” Lopez’s class action explains.

“The lack of an accessible website means that blind people are excluded from experiencing transacting with … and from purchasing goods or services” from the Henri’s Cloud Nine website, she says.

The Henri’s Cloud Nine class action lawsuit asserts claims for violations of the Americans with Disabilities Act, the New York State Human Rights Law, the New York State Civil Rights Law and the New York City Human Rights Law.

The Henri’s Cloud Nine website is not the only one to come under legal scrutiny in recent weeks. Earlier this month, Bealls Inc. was hit with a website accessibility class action lawsuit alleging the site is not accessible to blind and visually impaired individuals without the assistance of a sighted companion.

Have you had issues accessing the Henri’s Cloud Nine website? Tell us your story in the comments.

Lopez is represented by Noor A. Saab of The Law Office of Noor A. Saab.

The Henri’s Cloud Nine website class action lawsuit is Iliana Lopez, et al. v. Henri’s Cloud Nine LLC, Case No. 1:23-cv-01016, in the U.S. District Court for the Southern District of New York.


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One thought on Henri’s Cloud Nine class action claims website not accessible to blind, visually impaired visitors

  1. Mary Holt says:

    Please add me. I am leagally blind and the website is very hard to see

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