SANCHEZ v. APKE ECOMMERCE HOLDINGS LLC

    Plaintiff

    • Name: Christian Sanchez
    • Filing date: January 21, 2021
    • State of filing: New York

    Defendant

    • Name: Apke Ecommerce Holdings LLC
    • Website: www.urbanbikesdirect.com
    • Industry: Leisure Products
    • Summary: Apke, doing business as Urban Bikes Direct, is an online retailer for electric bicycles, electric skateboards, and electric scooters.

    Case Summary

    On January 21, 2021, Christian Sanchez filed a Complaint in New York Federal court against Apke Ecommerce Holdings LLC. Plaintiff Christian Sanchez alleges that www.urbanbikesdirect.com is not accessible per the WCAG 2.0, WCAG 2.1 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Lack of Alternative Text (“alt-text”), or a text equivalent. Alt-text is an invisible code embedded beneath a graphical image on a website. Web accessibility requires that alt-text be coded with each picture so that screen-reading software can speak the alt-text where a sighted user sees pictures, which includes captcha prompts. Alt- text does not change the visual presentation, but instead a text box shows when the cursor moves over the picture. The lack of alt-text on these graphics prevents screen readers from accurately vocalizing a description of the graphics.
    • Empty Links That Contain No Text causing the function or purpose of the link to not be presented to the user. This can introduce confusion for keyboard and screen- reader users;
    • Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen-reader users; and
    • Linked Images Missing Alt-text, which causes problems if an image within a link contains no text and that image does not provide alt-text. A screen reader then has no content to present the user as to the function of the link, including information contained in PDFs.
    • The company logo acts as a link designed to take the user from wherever they may be within the Defendant's website to the homepage of that site. For this website, the link is not properly labeled and where the link ("logo") will operate properly (taking the user back to the home page), the missing label prevents the user (visually impaired) to interpret the
      logo/link and in the case of using a screen reader, the screen reader software cannot properly interpret the logo/link effectively hiding the purpose of that link from the user.
    • The telephone numbers provided throughout the website are not properly labeled. The first one located at the header of the website is labeled as "link" with no other description and the second one is located at the footer of the website is not labeled to integrate with the screen reader.
    • Site element such as product descriptions, and prices are not labeled to integrate with the screen reader. The information is not accessible when using the keyboard for navigation. Without providing proper information, it creates a barrier for visually impaired users.
    • Site element like payment plan offered by the website is inaccessible. The "see if you're prequalified" link is accessible, however, there is no description as to what the link is for. This negates the purpose of the link if the financing information is not made readily available for a low to no vision user of the internet

    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
    • VIOLATION OF THE NEW YORK STATE CIVIL RIGHTS LAW
    • 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 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 this 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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