FISCHLER v. NUTRACEUTICAL WELLNESS, INC.

    Plaintiff

    • Name: Brian Fischler
    • Filing date: October 22, 2020
    • State of filing: New York

    Defendant

    • Name: Nutraceutical Wellness, Inc.
    • Website: www.nutrafol.com
    • Industry: Beauty
    • Summary: Nutraceutical Wellness, Inc., under the Nutrafol brand name, manufactures a hair restoration formula for men and women.

    Case Summary

    On October 22, 2020, Brian Fischler filed a Complaint in New York Federal court against Nutraceutical Wellness, Inc.. Plaintiff Brian Fischler alleges that www.nutrafol.com is not accessible per the WCAG 2.1 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Images are not properly labeled.
    • Fieldset elements are not labeled with legend elements.
    • Webpages use duplicate IDs which cause problems with screen
    • Form controls have no label.
    • Links use general text like “read more” with no surrounding text explaining the link purpose.
      users.
    • PDFs are not tagged and therefore are inaccessible to screen reader
    • Button elements are empty and have no programmatically determined name.
    • Form field labels are not unique on a page, or enclosed in a fieldset with a legend that makes the label unique.
    • Some headings are empty.

    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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