Plaintiff
- Name: Brian Fischler
- Filing date: February 22, 2021
- State of filing: New York
Defendant
- Name: PerS Beauty, Inc.
- Website: www.prose.com
- Industry: Beauty
- Summary: Prose is a personalized hair care system allowing users to personalize shampoos, conditioners, and similar products based on hair type, color, and geographic region.
Case Summary
On February 22, 2021, Brian Fischler filed a Complaint in New York Federal court against PerS Beauty, Inc.. Plaintiff Brian Fischler alleges that www.prose.com is not accessible per the WCAG 2.1 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- ALT text are file names. This occurs on over 800 pages.
- ALT text has placeholders like “picture.” This occurs on over 20 pages.
- Button elements are empty and have no programmatically determined name.
- Frames do not have a title.
- Tables are not labeled with row and column headers.
- Links use general text like “click here” with no surrounding text explaining the link purpose. This occurs on over 300 pages.
- Lack of alt-text for images. Over 900 pages have this issue.
- 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 with screen readers.
- Form field labels are not unique on a page or enclosed in a fieldset with a legend that makes the label unique.
- Headings are not nested correctly.
- Webpages have markup errors. Over 30 pages have this problem.
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.
