SANCHEZ v. PETERBROOKE CHOCOLATE FACTORY, LLC

    Plaintiff

    • Name: Christian Sanchez
    • Filing date: December 10, 2020
    • State of filing: New York

    Defendant

    • Name: Peterbrooke Chocolate Factory, LLC
    • Website: www.peterbrookechocolatier.com
    • Industry: Food Products
    • Summary: Peterbrooke Chocolate Factory, LLC is a chocolatier selling a wide variety of chocolates, candies, and related food products.

    Case Summary

    On December 10, 2020, Christian Sanchez filed a Complaint in New York Federal court against Peterbrooke Chocolate Factory, LLC. Plaintiff Christian Sanchez alleges that www.peterbrookechocolatier.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.
    • "Holiday Season Collection" link mislabeled as "Link" with no other description. This issue bars the user from understanding the purpose of the "Link".
    • The website permits the user to buy quantities of its product greater than one. The quantity option box to type in the preferred amount of the product is mislabeled as "Scan button one, minimum one and maximum zero". The website lacks sufficient description in the quantity feature of the cart. The lack of detail is confusing and difficult for a user with low to no vision to understand.
    • A pop-up has been identified on the screen offering "10% off" the first order when subscribe. There is no indication that the pop-up is on the screen, therefore, the pop-up was inaccessible, thus fails to provide the user sufficient information for deciding if they wish to take advantage of the opportunity presented.
    • Product detail along with dimensions were not labeled to integrate with the screen reader. The lack of labeling prohibits the user from accessing important information regarding the product, thus barring the user from making a purchase.

    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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