Plaintiff
- Name: Josue Romero
- Filing date: September 3, 2020
- State of filing: New York
Defendant
- Name: Allstar Products Group LLC
- Website: www.calmingcomfortblanket.com
- Industry: Consumer Goods
- Summary: Allstar Products Group provides direct response marketing services to its clients.
Case Summary
On September 3, 2020, Josue Romero filed a Complaint in New York Federal court against Allstar Products Group LLC . Plaintiff Josue Romero alleges that www.calmingcomfortblanket.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.
- Empty Links That Contain No Text causing the function or purpose of the link to not be presented to the user.
- Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen-reader users
- 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.
- 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 website contains images which does not come with any description or alternate text that provides for an understanding of what is contained in the image or that can be interpreted and read by the screen reader.
- Product images have text that describe the item, the original price and sale price. When the screen reader interprets the pricing, both prices are read but there is no distinction between original and sale prices nor is there any way to determine what price the item is being offered at.
- Site element like text is not labeled properly to integrate with screen reader, some text is spelled out instead of read as a whole word, barring the user from thoroughly understanding the 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 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.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.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 City 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
