Andre Battle v. Movado Group, Inc.

Case Summary

According to the complaint, Andre Battle, a visually-impaired individual, is suing Movado Group, Inc. for failing to make their website, Mvmt.com, accessible to blind users, violating the Americans with Disabilities Act (ADA). The complaint alleges that the website contains significant barriers that prevent blind individuals from completing transactions, such as ambiguous link texts and a requirement to use a mouse. Battle seeks a permanent injunction to require Movado Group to make the website accessible and compensatory damages for the discrimination faced. The case is filed as a class action on behalf of all legally blind individuals in the U.S. who have faced similar issues accessing the website.

Causes of Action

• Violation of 42 U.S.C. §§ 12181 et seq. - Title III of the Americans with Disabilities Act
• Declaratory Relief
• Negligent Infliction of Emotional Distress

Key Allegations

• Mvmt.com is inaccessible to blind and visually-impaired individuals due to various barriers.
• Plaintiff was unable to complete a purchase on Mvmt.com due to accessibility issues.
• Defendant has failed to take necessary steps to make the website accessible.

Requested Relief

• Preliminary and permanent injunction to prohibit Defendant from violating the ADA.
• Injunction requiring Defendant to make Mvmt.com compliant with the ADA.
• Declaration that Defendant discriminates against the blind through its website.
• Class action certification and appointment of Plaintiff as Class Representative.
• Payment of nominal damages.
• Pre- and post-judgment interest.
• Award of costs and expenses of this action together with reasonable attorneys’ and expert fees.
• Punitive damages.
• Compensatory damages in an amount to be determined at trial.

Proposed Class

all legally blind individuals in the United States who have attempted to access Mvmt.com and as a result have been denied access to the enjoyment of goods and services offered by Mvmt.com, during the relevant statutory period.

Jurisdiction & Venue

This Court has subject-matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12182; venue is proper under 28 U.S.C. §1391(b)(1) and (2).