FISCHLER v. FACTOR75, LLC

    Plaintiff

    • Name: Brian Fischler
    • Filing date: December 16, 2019
    • State of filing: New York

    Defendant

    • Name: Factor75, LLC
    • Website: www.factor75.com
    • Industry: Food Products
    • Summary: Factor75, LLC is an online meal-delivery service with a focus on chef-prepared, healthy meals.

    Case Summary

    On December 16, 2019, Brian Fischler filed a Complaint in New York Federal court against Factor75, LLC. Plaintiff Brian Fischler alleges that www.factor75.com is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Images are not properly labeled. They are labeled only with files
      names like “03-ingredients.png”.
    • Documents do not have a title.
    • Frames do not have a title.
    • Button elements are empty and have no programmatically
      determined name.
    • Forms have fields without label elements or title attributes.
    • Webpages have no headings and headings are not nested correctly

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

    • Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. 
    • New York State Human Rights Law
    • New York City Human Rights Law
    • Declaratory Relief

    Plaintiff seeks the following relief by way of its Complaint:

    • A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York;
    • A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its Website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals;
    • A declaration that Defendant owns, maintains and/or operates its Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§
      12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York;
    • An order certifying the Class and Sub-Classes under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel;
    • Compensatory damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class and subclasses for violations of their civil rights under New York State Human Rights Law and City Law;
    • Pre- and post-judgment interest;
    • An award of costs and expenses of the action together with
      reasonable attorneys’ and expert fees; and
    • Such other and further relief as this Court deems just and proper. 

     

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