FISCHLER v. PEAK THEORY INC.

    Plaintiff

    • Name: Brian Fischler
    • Filing date: July 29, 2020
    • State of filing: New York

    Defendant

    • Name: Peak Theory Inc.
    • Website: www.cubcoats.com
    • Industry: Apparel
    • Summary: Peak Theory Inc. is the company behind Cubcoats, a hoodie that transforms into a puppet stuffed animal.

    Case Summary

    On July 29, 2020, Brian Fischler filed a Complaint in New York Federal court against Peak Theory Inc. . Plaintiff Brian Fischler alleges that www.cubcoats.com is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Lack of alt-text for images.
    • Frames do not have a title.
    • Button elements are empty and have no programmatically determined name.
    • Form controls have no label and no programmatically determined name.
    • Forms have fields without label elements or title attributes.
    • Webpages have duplicate IDs which cause problems in screen readers.
    • Radio button groups are not contained in a fieldset element.
    • Headings are not nested correctly and approximately 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:

    • 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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