FISCHLER v. FEAT SOCKS INC.

    Plaintiff

    • Name: Brian Fischler
    • Filing date: February 18, 2021
    • State of filing: New York

    Defendant

    • Name: Feat Socks Inc.
    • Website: www.featclothing.com
    • Industry: Apparel
    • Summary: Feat manufactures and sells ultra-comfort athletic and loungewear for men, women, and children.

    Case Summary

    On February 18, 2021, Brian Fischler filed a Complaint in New York Federal court against Feat Socks Inc.. Plaintiff Brian Fischler alleges that www.featclothing.com is not accessible per the WCAG 2.1 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Lack of alt-text for images.
    • Form controls have no label.
    • Label elements are not attached to the controls they label.
    • Label elements are blank.
    • Button elements are empty have no determinable name.
    • Webpages have duplicate IDs.
    • Webpages have markup errors, causing the screen reader to miss
    • Form fields are not unique on a page.
    • Headings are empty.
    • Links on the same page have the same text but go to different destinations.

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

    • VIOLATIONS OF THE ADA, 42 U.S.C. § 12181 et seq.
    • VIOLATIONS OF THE NYSHRL
    • VIOLATIONS OF THE NYCHRL
    • DECLARATORY RELIEF

    Plaintiff seeks the following relief by way of its Complaint:

    • A preliminary and permanent injunction to prohibit Defendant from violating Title III of the ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. 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 Title III of 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 the Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York
    • An order certifying the Class and Subclasses 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 damages, punitive damages and fines
    • Pre- and post-judgment interest
    • An award of costs and expenses of this action together with reasonable attorneys’ and expert fees
    • Such other and further relief as this Court deems just and proper.

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