FIGUEROA v. INCIPIO TECHNOLOGIES, INC.

    Plaintiff

    • Name: Jose Figueroa
    • Filing date: April 10, 2019
    • State of filing: New York

    Defendant

    • Name: Incipio Technologies, Inc.
    • Website: www.incipio.com
    • Industry: Consumer Goods
    • Summary: Incipio Technologies, Inc. makes and sells cell phone cases and accessories.

    Case Summary

    On April 10, 2019, Jose Figueroa filed a Complaint in New York Federal court against Incipio Technologies, Inc.. Plaintiff Jose Figueroa alleges that www.incipio.com is not accessible per the WCAG 2.1 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Website lacks prompting information necessary to allow Plaintiff to locate and narrow down a specific field of desired products and price range. This omission was exacerbated by the lack of alt. text, which is the invisible code embedded beneath a graphical image on a website.
    • Website also contains a host of broken links, which prevented Plaintiff from effectively browsing the Website for items of interest, such as a phone case.
    • Website requires the use of a mouse to effectively browse and make a purchase. Yet Plaintiff cannot use a mouse because manipulating the mouse is a visual activity of moving the mouse pointer from one visual spot to another.

    Plaintiff asserts the following cause(s) of action in its Complaint:

    • Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. 
    • New York State Human Rights Law
    • New York City Human Rights Law
    • New York State Civil Rights Law
    • 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. 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 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. Admin. Code § 8-107, et seq. and the laws of New York
    • An order certifying the Class and the State and City 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 and damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class for violations of their civil rights under the New York State Human Rights Law and New York 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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