A legally blind consumer has filed a class-action lawsuit against a major retail corporation, accusing it of failing to make its website accessible to visually impaired individuals. Daniel Crosby initiated the complaint in the United States District Court for the Southern District of New York on November 11, 2025, targeting J.C. Penney Corporation, Inc. The case underscores ongoing issues regarding digital accessibility and compliance with federal disability laws.
Daniel Crosby, who resides in an assisted living facility for visually impaired individuals in Manhattan, relies on screen reader software to navigate online environments. He alleges that J.C. Penney’s website is not compatible with such technology, violating his rights under the Americans with Disabilities Act (ADA). On two occasions in late 2025, Crosby attempted to shop online at jcpenney.com but encountered numerous accessibility barriers including missing alternative text and unlabeled buttons. These obstacles prevented him from purchasing holiday gifts for his family during a time when J.C. Penney was offering significant discounts due to financial distress and store closures.
The plaintiff argues that these accessibility failures contravene the Web Content Accessibility Guidelines (WCAG) 2.1 standards, which are recognized benchmarks for digital accessibility under the ADA. Despite its national presence and substantial revenue, J.C. Penney has allegedly neglected to implement basic accessibility features on its website. “Defendant’s ongoing failure to provide accessible digital services constitutes a denial of full and equal access under Title III of the ADA,” states the complaint.
Crosby seeks injunctive relief requiring J.C. Penney to revise its digital policies and practices to ensure full accessibility for blind users. The lawsuit also demands compensatory damages and penalties under New York State Human Rights Law and New York City Human Rights Law for alleged discrimination against visually impaired consumers.
The case has been assigned Case ID 1:25-cv-09404, with Robert Schonfeld from Joseph & Norinsberg LLC representing Daniel Crosby as his attorney.
Source: 125cv09404_Daniel_Crosby_v_JC_Penny_Complaint_Southern_District_of_New_York.pdf
