ESPINOZA v. DAVID YURMAN HOLDINGS LLC

    Plaintiff

    • Name: Arantza Espinoza
    • Filing date: June 12, 2019
    • State of filing: Florida

    Defendant

    • Name: David Yurman Holdings LLC
    • Website: www.davidyurman.com
    • Industry: Consumer Goods
    • Summary: David Yurman Holdings LLC produces and sells men's and women's jewelry and accessories at retail stores and via its website.

    Case Summary

    On June 12, 2019, Arantza Espinoza filed a Complaint in Florida Federal court against David Yurman Holdings LLC. Plaintiff Arantza Espinoza alleges that www.davidyurman.com is not accessible per the WCAG 2.0, WCAG 2.1 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Errors that prevent users from completing desired action:
      • When an input error is automatically detected, the item that is in error is not described to the user in text. Standard 3.3.1 Error Identification.
      • When an input error that does not jeopardize the security or purpose of the content is automatically detected and suggestions for correction are known, these suggestions are not provided to the user. Standard 3.3.3 Error Suggestion.
    • Errors that make it difficult to access content through the site:
      • The purpose of each link cannot be determined from the link text alone or from the link text together with its programmatically determined link context. 2.4.4 Link Purpose (In Context)
      • Labels or instructions are not provided when content requires user input. Standard 3.3.2 Labels or Instructions.
    • Furthermore, Defendant’s website does not contain accessibility assistance that would direct a visually impaired person like the Plaintiff to someone who she can contact for assistance, questions, or concerns.

    Plaintiff asserts the following cause(s) of action in its Complaint:

    • Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. 
    • Trespass

    Plaintiff seeks the following relief by way of its Complaint:

    • A declaration that Defendant’s website is in violation of the ADA;
    • An Order requiring Defendant, by a date certain, to update its website, and continue to monitor and update its website on an ongoing basis, to remove barriers in order that individuals with visual disabilities can access, and continue to access, the website and effectively communicate with the website to the full extent required by Title III of the
      ADA;
    • An Order requiring Defendant, by a date certain, to clearly display the universal disabled logo within its website, wherein the logo would lead to a page which would state Defendant’s accessibility information, facts, policies, and
      accommodations. Such a clear display of the disabled logo is to ensure that individuals who are disabled are aware of the availability of the accessible features of the website;
    • An Order requiring Defendant, by a date certain, to provide ongoing support for web accessibility by implementing a website accessibility coordinator, a website application accessibility policy, and providing for website accessibility feedback to insure compliance thereto.
    • An Order directing Defendant, by a date certain to evaluate its policies, practices and procedures toward persons with disabilities, for such reasonable time to allow Defendant to undertake and complete corrective procedures to its website;
    • An Order directing Defendant, by a date certain, to establish a policy of web accessibility and accessibility features for its website to insure effective communication
      for individuals who are visually disabled;
    • An Order requiring, by a date certain, that any third-party vendors who participate on Defendant’s website to be fully accessible to the visually disabled;
    • An Order directing Defendant, by a date certain and at least once yearly thereafter, to provide mandatory web accessibility training to all employees who write or
      develop programs or code for, or who publish final content to, Defendant’s website on how to conform all web content and services with ADA accessibility requirements and applicable accessibility guidelines;
    • An Order directing Defendant, by a date certain and at least once every three months thereafter, to conduct automated accessibility tests of its website to identify any instances where the website is no longer in conformance with the accessibility requirements of the ADA and any applicable accessibility guidelines, and further directing Defendant to send a copy of the twelve (12) quarterly reports to Plaintiff’s counsel for review.
    • An Order directing Defendant, by a date certain, to make publicly available and directly link from its website homepage, a statement of Defendant’s Accessibility
      Policy to ensure the persons with disabilities have full and equal enjoyment of its website and shall accompany the public policy statement with an accessible means of submitting accessibility questions and problems.
    • An award to Plaintiff of her reasonable attorney’s fees, costs and expenses; and
    • Such other and further relief as the Court deems just and equitable.

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