A visually impaired consumer has filed a class action lawsuit alleging that an online retailer’s website fails to provide equal access to blind and visually impaired individuals, raising questions about compliance with federal and local disability laws in the digital age. The complaint was submitted by Cedric Bishop on March 5, 2026, in the United States District Court for the Southern District of New York against CPAP Store USA LLC.
According to the filing, Cedric Bishop is legally blind and relies on screen-reading software to navigate websites. He claims that CPAP Store USA’s website (www.cpapstoreusa.com) is not compatible with such assistive technology, preventing him and others from independently accessing information about products, prices, terms of service, and other features available to sighted users. The suit alleges that this lack of accessibility violates Title III of the Americans with Disabilities Act (ADA), as well as New York State Human Rights Law (NYSHRL), New York City Human Rights Law (NYCHRL), and New York State General Business Law Section 349.
The complaint outlines how the Department of Justice has long interpreted the ADA as applying to public accommodations’ websites. It cites a 2018 letter from Assistant Attorney General Stephen E. Boyd confirming that businesses must ensure their websites are accessible to individuals with disabilities. Bishop’s filing references statistics indicating millions of Americans are visually impaired or blind—including approximately 400,000 in New York State—and emphasizes that inaccessible websites can exclude people “just as much as steps at an entrance to a physical location.”
Bishop reports that he attempted several times from his home in New York City to use CPAP Store USA’s website to purchase a Philips Respironics Amara Full Face CPAP / BiPAP Mask with Headgear but was unable due to broken links, missing alternative text for images, redundant or empty links, and other barriers incompatible with screen-reading software like JAWS. He alleges these issues prevented him from locating product pricing or adding items to his cart. According to the complaint: “Plaintiff encountered multiple access barriers that denied Plaintiff a shopping experience similar to that of a sighted person.”
The lawsuit describes common web accessibility standards established by the World Wide Web Consortium (W3C), specifically referencing version 2.0 of the Web Content Accessibility Guidelines (WCAG 2.0). These guidelines are widely recognized by courts as benchmarks for digital accessibility but are allegedly not met by CPAP Store USA’s site.
Bishop seeks broad injunctive relief requiring CPAP Store USA LLC to retain an independent web accessibility consultant; conduct regular automated and human testing involving users who are blind or have low vision; provide staff training; post an accessibility policy; create mechanisms for user feedback; and monitor compliance over time. He also requests compensatory damages—including statutory penalties—attorneys’ fees, costs associated with monitoring compliance, pre- and post-judgment interest, certification of nationwide and local classes of similarly affected consumers, declaratory judgment recognizing discrimination under relevant statutes, and any further relief deemed appropriate by the court.
The plaintiff argues that making necessary modifications would not fundamentally alter the nature of CPAP Store USA’s business nor impose undue burden given the company’s significant investment in its online platform. Without court intervention, Bishop contends he and others will continue facing unequal treatment when attempting to shop online: “Without injunctive relief,” states the complaint, “Plaintiff and other visually-impaired persons will continue to be unable to independently use the Website.”
The case is being handled by attorneys Dana L. Gottlieb, Jeffrey M. Gottlieb, and Michael A. LaBollita of Gottlieb & Associates PLLC in New York City under case number 1:26-cv-01843.
Source: 126cv01843_Cedric_Bishop_v_Cpap_Store_Complaint_Southern_District_of_New_York.pdf
