I have a Shopify Store and I've just been sued under the ADA (Gathers v. Wet Shaving Products LLC)

Leighton_Tyau
Tourist
10 0 4

My "company" consists of 2.5 people. They're basically suing "pop". But the website was apparently not compliant.

 

I'm being sued in Federal court for the District of Mass.

 

The specific deficiencies were: search bar icon in header not accessible using screen reader tech (no alternative text for the icon) and;

 

Newsletter signup requires a captcha. "There is no way for a screen reader user to sign up or use any form that has a CAPTCHA"

 

This is getting really bad, if I've been targetted, we all can be targetted.

 

Does anyone have the contact information for Shopify's legal team?

Replies 32 (32)

Cassy_Burnvoth
Excursionist
17 0 6

I just got "served" yesterday as well! We're small, too (2 people total). We're being sued in CA based on the Unruh Act. I know the federal guidelines don't apply to companies smaller than 15 people (https://www.businessnewsdaily.com/10900-ada-website-requirements.html?fbclid=IwAR0i7kj6EdwDPwqvY7Ltt...). I would love to talk to someone from Shopify about this as well!

Leighton_Tyau
Tourist
10 0 4

Are you actually located in California? Their long arm statute isn't as broad as Massachussetts.

 

The legal team has not responded and shopify's customer service hasn't been great, but if you badger them enough on facebook, they give out the email.

smalia
Shopify Partner
2 0 4

We just got sued and are also a super small store.  It looks like they even paid $400 to file in a district court of NY and we are in HI.

Did any of you find a resolution to this?  There looks like there are apps that we can add on to make it compliant?

Cassy_Burnvoth
Excursionist
17 0 6
email me...cassy@fatco.com...i'd love to explain what happened with us...
Leighton_Tyau
Tourist
10 0 4

Shopify didn't want to take any responsibility.

The best defense is mootness. See the kroger case.

Your resolution will depend on how much money you have since this is essentially a shakedown.

Cassy_Burnvoth
Excursionist
17 0 6
I felt the same way...frustrated with shopify...but in the end, when I
really learned more about it, I realized that it's somewhat out of
Shopify's control. It has alot to do with what colors you're using on your
site, and using alt text for photos (which I always ignored)...and shopify
has no control over most of that.

In the end, I contacted the plaintiff's attorney and told them that we were
in the process of making all the necessary fixes to our site (which I did
do with the help of my web developer) and that we were a small family owned
business (which is true) and they decided to dismiss the case. There are
lots of tools available to check your web pages for compliance, and now I
do that quarterly. I use
https://chrome.google.com/webstore/detail/wave-evaluation-tool/jbbplnpkjmmeebjpijfedlgcdilocofh



My main beef is with the fact that these lawsuits are able to be brought
before a court before the company was even contacted. We NEVER received
anything before being served...no email, no phone call...NOTHING asking us
to make changes to our site to make it compliant...just BOOM, a Lawsuit.

I do agree that these are BS, frivolous lawsuits...but everyone's situation
is different. It sucked, and was super stressful...both my husband and I
had many sleepless nights...I was scared to death that it would put us
under. I definitely popped some bubbly when we found out it was going to be
dismissed!!!
miamibeachlira
Tourist
5 0 0

Just stumble upon this thread, so wait a minute, should I shutdown my site until this fixes are done ???  I don't want to just get served. Please advise 

 

smalia
Shopify Partner
2 0 4

I am sorry you were sued.  We were served a couple months ago and are still dealing with it.  Ironically, we were in the middle of changing our entire website to be compliant during the stay at home order.  They happened to come during our transition.  We are a small family owned business struggling like everyone else to get through this time.  We had to hire a lawyer, sent a letter to try to dismiss explaining that we are small and can't afford a lawsuit like this.  They didn't care.  It is a shakedown.  We researched the law firm suing us and came across this article about them:

https://www.nydailynews.com/new-york/ny-metro-ada-blind-website-accessibility-20180913-story.html

What I want to know is how someone in NY could stumble across our Hawaii brand and want to shop our website on the other side of the country.  We dug further and he has been suing random websites left and right.  All small mom & pop businesses.  

To answer your question, we did not shut down our site since it was our only revenue during the retail shutdowns here.  Talk about kicking us when we're down! We had engaged a company to skin our site to be ADA accessible.  They were easy to use and completed the fix in about 24-48 hours. 

We are just praying that our settlement won't kill us.  Good luck and I really hope this racket stops.  

MartinM2
Visitor
1 0 1

We just found out that we're being sued in a CLASS ACTION suit in NY for this.  We haven't even been served but have received emails from lawyers wanting to represent us.  (It feels like a money grab on both ends). We added the code to be compliant.  I would really like any guidance on how to best approach this issue.

eferg
Excursionist
16 0 18

Wow - This is unbelievable.  This is a shakedown for sure.

I would contact my State senator (yes - there are examples where they get involved on behalf of their residents for various issues).  I would also contact my State Attorney General and complain about the shakedown.  Also your local TV news station may want to run a story on this.

In the meantime, is there any website or app that will scan a site for compliance?

Ed

 

Cassy_Burnvoth
Excursionist
17 0 6
Hi! I actually eventually just called the plaintiff's attorney and told
them our story (small brand, family owned and operated, etc etc) and they
agreed to dismiss the case. I really think they're trying to go after big
guys. But I completely agree, it's a bullshit shakedown. I agree with
Ed...contact local news, contact your State Attorney General...and maybe
even contact the other brands named in the lawsuit ? and join forces?
there's power in numbers!

https://chrome.google.com/webstore/detail/wave-evaluation-tool/jbbplnpkjmmeebjpijfedlgcdilocofh



That's the website that can help you determine current compliance...you
might need the help of a web developer. But I also believe there are lots
of apps out now to help...one might be called accessibiluty enabler? look
around.


and finally, I AM SO SORRY THAT YOU'RE GOING THROUGH THIS! When it happened
to me, that might have been the hardest month of my entire entrepreneurial
journey. All I could think was "are you **bleep** serious? as if business
isn't shitty enough in the middle of a global pandemic...you wanna SUE ME,
now? Come on Universe! Cut me some slack!"
krambola
Visitor
2 0 0

I just received an ADA law suit this week filed in NY and Im based in CA, how did you approached this?

Coveted_
Shopify Partner
32 0 3

Reach out to us at Tenably Labs https://www.tenably.app

 

krambola
Visitor
2 0 0

Im on the same boat, I recently updated my theme and working to comply to all regulation standard and this ADA law suit pop out. It is stressful since we are just doing this as a home business. How did you resolve your lawsuit? If you could share. Thanks

Leighton_Tyau
Tourist
10 0 4

Hire a lawyer. If you cannot afford one, fix the website, call the attorney, respond to the complaint, plead poverty. Whatever you do, do not let it go to a default judgment.

Coveted_
Shopify Partner
32 0 3

You can get in contact with us here: https://www.tenably.app/pricing

ZatikNaturals
Tourist
3 0 1
I agree but the law is on their side and Shopify will not take responsibility. Best thing to do is try settling on your own. If you can prove them that you don't have a lot of income and can only pay them certain dollar amount they should let you go. But definitely before trying to settle get the ADA widget and get a professional company to check your site for ada compliance and give you a report that your Site is fixed. Take that report report qs a proof that you now comply and try settling for $500. That is how much they pay to file the lawsuit. Very unfortunate 🤦🏻‍♀️

ZatikNaturals
Tourist
3 0 1
It was a challenge as I tried calling to the number on the letter of intent to sue but was unable to connect so I thought it was a scam. About 6 months later I got a notice that a lawsuit has been filed. I had to update my site to make it compliant and then settle which was not good as we are a small business and unnecessary spending out of no budget is hard. Just get an app: there are free ones or about $50/mo that adds a widget to your site. This additional step can help you save from lawsuits.
bglfa
Tourist
3 0 1

Aloha Smalia,

 

Sorry to hear that!  Can you let me know the outcome?

ZatikNaturals
Tourist
3 0 1

Hi,

 

will you be able to advise how your case was dismissed?

 

Thank you,

Ovsanna

Coveted_
Shopify Partner
32 0 3

We built a platform to resolve this. It removes all complexes and walks you through fixing your site. 

Working on features specifically for Shopify stores. 

Would love to hear how we can help. 

https://www.tenably.app

miamibeachlira
Tourist
5 0 0

is it not cheaper just to hire a developer on FIVERR ?  Went to your website and nothing is mentioned about web development. 

It sounds like your services only provide a high level audit. 

 

Coveted_
Shopify Partner
32 0 3

Really appreciate that website feedback. I’ll be sure to review and make sure the message is clear. 

although we are just releasing the new wizards. 

Hiring a developer on FIVVR in this case gets the changes done. 

The wizards within Tenably.app guide you through the violations and what needs to be done about them with clear solutions. Not just a paragraph of text explaining what the WCAG success criterion is. 

The developer can now simply apply the changes needed and run a follow up check. 

The developer or you yourself can apply these changes with the guidance from the wizards. 

https://Tenably.app is a tool. 

Coveted_
Shopify Partner
32 0 3

If you don’t mind me asking.


Would it be helpful to connect you with a developer to apply the changes?

Or is guiding you through how to make the changes yourself the most useful? 


miamibeachlira
Tourist
5 0 0

Almost every user of the SHOPIFY platform would agree that as startups (mom and pop) SHOPIFY is the only dirt cheap way to develop a website. The question is:  how effective is Tenably in keeping everyone compliant?

it is not that simple if you follow the guidelines found on w3.org/TR/WCAG21/ . 

Its a minefield out there. Words of wisdom to everyone reading this, STAY AWAY FROM THOSE WIDGETS. 

 

Coveted_
Shopify Partner
32 0 3

Yes. Please stay away from the overlays. 

Tenably is very effective, as it shows you the exact website content that is in violation, providing you with the solution for it. 

Yes, the WCAG guidelines are complex. The Accessibility Wizards within Tenably remove those complexities. 

miamibeachlira
Tourist
5 0 0

Lets Chat.. Whats the office phone number. I don't want my email to be captured. 

 

Coveted_
Shopify Partner
32 0 3

Tenably Labs: (786) 224-5007

Cassy_Burnvoth
Excursionist
17 0 6

HEY ALL! I just installed the AccessiBe app, and it's GREAT! I would highly recommend it to anyone with a website!

Coveted_
Shopify Partner
32 0 3

I’d stay far away from away from overlays 

 

https://overlayfactsheet.com/

 

They won’t make your Shopify store accessible. 

They won’t protect you from litigation. In fact they increase your risk of litigation substantially. 

overlays are not the solution. 

Cassy_Burnvoth
Excursionist
17 0 6
Can you explain how they "increase your risk of litigation substantially"?
Coveted_
Shopify Partner
32 0 3

 

https://adrianroselli.com/2020/06/accessibe-will-get-you-sued.html 

 

Murphy v. Eyebobs, LLC

Added 16 January 2021: Yet another lawsuit names accessiBe as of 7 January 2021. In Murphy v. Eyebobs, LLC., the complaint offers YouTube videos demonstrating the failures with the accessiBe widget. One shows how viewing the accessiBe accessibility statement traps a screen reader user. Two more show how accessiBe fails to make a modal dialog accessible along with accessiBe failing on another promo pop-up, depriving the user of a discount. The last video shows how accessiBe fails on a star rating widget, preventing a user from getting a sense of the quality of the product.

 

Fischler et al v. Dorai Homes

Added 26 May 2021: Another lawsuit directly cites accessiBe as of 12 May 2021. In Fischler et al v. Dorai Homes, accessiBe’s overlay is named as the reason for the barrier. Its failure to provide any alternative text for images was one stand-out for me, given claims the “AI” is more than capable.

 

Largest U.S. Blind Advocacy Group Bans Web Accessibility Overlay Giant AccessiBe From Its National C... 

 

Tenably Labs built an actual solution for Shopify stores here:  Get your Shopify store theme fixed without a single line of code.