GIL v. VIX SWIMWEAR, INC.

    Plaintiff

    • Name: Juan Carlos Gil
    • Filing date: April 8, 2019
    • State of filing: Florida

    Defendant

    • Name: VIX Swimwear, Inc
    • Website: www.vixpaulahermanny.com
    • Industry: Apparel
    • Summary: VIX Swimwear, Inc makes and sells designer swimwear and accessories under the ViX Paula Hermanny brand name.

    Case Summary

    On April 8, 2019, Juan Carlos Gil filed a Complaint in Florida Federal court against VIX Swimwear, Inc. Plaintiff Juan Carlos Gil alleges that www.vixpaulahermanny.com is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    •  Website is not designed with consideration for Universal
      design. 
    • Website does not have the indication of website accessibility.

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

    Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. 

    Plaintiff seeks the following relief by way of its Complaint:

    • The Court issue a declaratory judgment that Defendant has violated Plaintiff‟s rights as guaranteed by the ADA;
    • The Court enter an Order requiring Defendant to update its
      www.vixpaulahermanny.com website to remove barriers in order that individuals with visual disabilities can access the Website and effectively communicate with the Website to the full extent required by Title III of the ADA;
    • The Court enter an Order requiring Defendant to clearly display the universal disabled logo11 and sign of website accessibility12 (standar WCAG 2.0) within its Website. Such a clear display is to insure that individuals who are disabled are aware of the availability of the accessible features of the www.vixpaulahermanny.com website;
    • The Court enter an Order compelling Defendant to contract with an independent ADA expert/consultant for the purposes of that ADA expert/consultant review Defendant‟s policies, practices and procedures for five years commencing from the date of the Court‟s Order to insure that Defendant is in compliance with the ADA;
    • The Court enter an order requiring Defendant to provide ongoing support for web accessibility by implementing a website accessibility coordinator, a website application accessibility policy, and providing for website accessibility feedback to insure compliance thereto;
    • The Court enter an Order directing Defendant to evaluate its policies, practices and procedures toward persons with disabilities, for such reasonable time so as to allow Defendant to undertake and complete corrective procedures to the Website;
    • The Court award damages in an amount to be determined at trial;
    • The Court to award Plaintiff reasonable litigation expenses and attorneys' fees; and
      i) That the Court award such other and further relief as it deems necessary, just and proper.

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