FISCHLER v. HANDY TECHNOLOGIES, INC

    Plaintiff

    • Name: Brian Fischler
    • Filing date: December 5, 2019
    • State of filing: New York

    Defendant

    • Name: Handy Technologies, Inc.
    • Website: www.handy.com
    • Industry: Professional Services
    • Summary: Handy Technologies owns and operates the website, www.handy.com, allowing residential customers to find and book home services including cleaning, furniture assembly, tv mounting, wall hanging, and other home improvement projects.

    Case Summary

    On December 5, 2019, Brian Fischler filed a Complaint in New York Federal court against Handy Technologies, Inc.. Plaintiff Brian Fischler alleges that www.handy.com is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • All fields in a group of input fields do not have a label.
    • Images do not have alt text.
    • Frames do not have a title.
    • Some pages have the same title, so the title cannot be used to
      distinguish pages.
    • Button elements are empty and have no programmatically
      determined name.
    • Forms have fields without label elements or title attributes. g. Webpages have duplicate IDs which cause problems in screen
      readers.
    • Webpages have markup errors.
    • Webpages have no headings, headings are not nested correctly and at least twenty (20) headings are empty.
    • Several links on a page share the same link text, but go to different destinations

     

    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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