DePHILLIPS v. KOHL'S CORPORATION

    Plaintiff

    • Name: Joseph DePhillips
    • Filing date: January 2, 2019
    • State of filing: Wisconsin

    Defendant

    • Name: Kohl's Corporation
    • Website: www.kohls.com
    • Industry: Consumer Goods
    • Summary: Kohl's Corporation is an American department store retail chain.

    Case Summary

    On January 2, 2019, Joseph DePhillips filed a Complaint in Wisconsin Federal court against Kohl's Corporation . Plaintiff Joseph DePhillips alleges that www.kohls.com is not accessible per the WCAG 2.1, Section 508 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • The Website contains functions that cannot be completed using a keyboard.
    • Lack of Alternative Text (“alt-text”), or a text equivalent
    • Empty Links That Contain No Text causing the function or purpose of the link to not be presented to the user
    • Requirement that a mouse be used to select essential content

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

    • Violation of 42 U.S.C. § 12181, et seq. — Title III of the Americans with Disabilities Act
    • 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.
    • A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make the 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 or visually impaired individuals
    • A declaration that Defendant owns, maintains and/or operates the Website sin a manner which 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.
    • An order certifying this case as a class action under Fed. R. Civ. P. 23(a) and (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 subclass for violations of their civil rights under ADA Title III § 36.504 and § 36.505
    • Plaintiff’s reasonable attorneys’ fees, statutory damages, expenses, and costs of suit as provided by state and federal law
    • For pre- and post-judgment interest to the extent permitted by law
    • Such other and further relief as the Court deems just and proper.

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