Deaf Users Harmed by Lack of Closed Captioning in Peloton Workout Videos, Class Action Claims
by Erin Shaak
Sullivan v. Peloton Interactive, Inc.
Filed: December 10, 2020 ◆§ 160744/2020
A class action claims Peloton discriminates against deaf and hard-of-hearing individuals by failing to provide closed captioning for its workout videos.
New York
A proposed class action claims Peloton Interactive, Inc. has discriminated against deaf and hard-of-hearing individuals by failing to provide closed captioning for its workout videos.
Alleging violations of New York state and city human rights laws, the 17-page case claims Peloton has denied the plaintiff and similarly situated individuals “equal and reasonable access” to the Peloton app and its collection of workout videos, virtual classes and fitness-related advice.
“By failing to make the Peloton App accessible to deaf and hard-of-hearing persons, Defendant is violating basic equal access requirements under state law,” the complaint alleges, asserting that deaf users cannot independently watch and comprehend the videos on the Peloton app without closed captioning.
According to the lawsuit, Peloton offers through its app access to a variety of workout videos, training programs, tips for physical training and a log of the member’s progress. The suit claims the videos on the defendant’s app lack closed captioning, i.e. a transcription or translation of the audio portion of the video as it plays and the only method by which deaf and hard-of-hearing individuals can independently access and comprehend the videos.
Per the case, “well-established guidelines” for making mobile and desktop applications available to disabled individuals recommend adding closed captioning to videos. Despite these guidelines being “readily available” through the Internet, Peloton has continued to bar access to its videos by failing to add closed captioning, the lawsuit alleges.
“The Peloton App contains access barriers that prevent free and full use by Plaintiff and other deaf or hard-of-hearing persons, including but not limited to the lack of closed captioning,” the complaint reads. “This barrier is in violation of WCAG 2.1 Guideline 1.2.2, which mandates that video content contain captioning.”
Due to the defendant’s access barriers, deaf or hard-of-hearing individuals may require an interpreter or assistance from a friend or family member in order to access the content of Peloton’s videos.
The plaintiff, a deaf Peloton member, says he attempted to watch Peloton’s “10 Minutes Stretching,” “10 Minutes Arm Toning” and “3 Minute Warm-Up” videos but was unable to reasonably comprehend the content due to the videos’ lack of closed captioning.
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