ROMERO v. THE KIND GROUP LLC

    Plaintiff

    • Name: Josue Romero
    • Filing date: September 17, 2020
    • State of filing: New York

    Defendant

    • Name: The Kind Group LLC
    • Website: www.thekindpen.com
    • Industry: Consumer Goods
    • Summary: The Kind Pen is a New Jersey-based vape pen company

    Case Summary

    On September 17, 2020, Josue Romero filed a Complaint in New York Federal court against The Kind Group LLC . Plaintiff Josue Romero alleges that www.thekindpen.com is not accessible per the 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. 
    • Social media links lack proper description
    • Logo link is not properly labeled. 

    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

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