NISBETT v. KIWICO, INC.

    Plaintiff

    • Name: Kareem Nisbett
    • Filing date: October 13, 2019
    • State of filing: New York

    Defendant

    • Name: KiwiCo, Inc.
    • Website: www.kiwico.com
    • Industry: Educational
    • Summary: KiwiCo is a monthly subscription service that offers kid's educational projects, crafts, and activities.

    Case Summary

    On October 13, 2019, Kareem Nisbett filed a Complaint in New York Federal court against KiwiCo, Inc.. Plaintiff Kareem Nisbett alleges that www.kiwico.com is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Lack of alt-text for images
    • Videos do not have an audio description
    • Links use general text like “here” with no surrounding text explaining the link purpose
    • Frames do not have a title
    • Some pages have the same title so the title cannot be used to distinguish pages
    • Form controls have no labels and no programmatically determined name
    • Form field labels are not unique on a page, or enclosed in a fieldset with a legend that makes the label unique
    • Webpages have duplicate IDs which cause problems in screen readers
    • Webpages have markup errors
    • Radio button groups are not contained in a fieldset element
    • Headings are not nested correctly and approximately thirteen (13) headings are empty
    • Several links on a page share the same link text but go to different destinations

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

    • Violations of the ADA, 42 U.S.C. § 1281 et seq.
    • Violations of the NYSHRL
    • Violations of the NYCHRL
    • Declaratory Relief 

    Plaintiff seeks the following relief by way of its Complaint:

    • A preliminary and permanent injunction to prohibit Stitch Fix from violating Title III of the ADA, 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 Stitch Fix to take all the steps necessary to make its Website into full compliance with the requirements set forth in Title III of the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals
    • A declaration that Stitch Fix owns, maintains and/or operates the Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by ADA, 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 Subclasses 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 damages, punitive damages and fines
    • Pre- and post-judgment interest
    • An award of costs and expenses of this action together with reasonable attorneys’ and expert fees
    • Such other and further relief as this Court deems just and proper.

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