CALCANO v. HYPER WEAR, INC.

    Plaintiff

    • Name: Evelina Calcano
    • Filing date: August 13, 2020
    • State of filing: New York

    Defendant

    • Name: Hyper Wear, Inc.
    • Website: www.hyperwear.com
    • Industry: Leisure Products
    • Summary: Hyperwear manufactures and sells exercise and training equipment including weighted vests, sandbells, battle ropes, and accessories.

    Case Summary

    On August 13, 2020, Evelina Calcano filed a Complaint in New York Federal court against Hyper Wear, Inc.. Plaintiff Evelina Calcano alleges that www.hyperwear.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 Alternative Text
    • Empty Links That Contain No Text
    • Redundant Links
    • Linked Images Missing Alt-text

    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 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-Class 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 and fines, to Plaintiff and the proposed class 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
    • Such other and further relief as this Court deems just and proper

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